Winning the Battle Between Social Media and Electronic Discovery
As a starting point, it's important to recognize that social media is a delivery mechanism, but the content drives the entire downstream discovery and compliance-oriented tasks. On balance though, while the e-discovery and regulatory issues are fundamentally the same, the social media genre does genuinely pose a range of tactical and strategic discovery challenges.
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IP News
Highlights of the latest intellectual property news from around the country.
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Time-Barred Copyright Ownership Claim Prevents Infringement Claim
The U.S. Court of Appeals for the Second Circuit has ruled that a time-bar for copyright ownership under the statute of limitations also bars a related copyright infringement claim.
Franchising: A Venus Flytrap for Trademark Licensors
Your client gives you a call to let you know that his company just licensed its primary mark to a third party who will sell your client's products on the West Coast, including California and Arizona. Should you be happy for your client, or should a chill go up your spine?
Search Engine Advertising Trademark Claims
In <i>Network Automation, Inc. v. Advanced Systems Concepts, Inc.</i>, the Ninth Circuit: 1) expressly held that the use of a trademark as a search engine keyword for the purpose of triggering advertisements is a "use in commerce" of that trademark under the Lanham Act; but 2) vacated a preliminary injunction, finding that the district court's analysis of consumer confusion in the Internet context was too narrow.
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Online Behavioral Advertising
The first quarter of this year has been marked by a rise of awareness and legal activity surrounding the question of behavioral, or targeted, advertising ' a significant area of operation and interest for e-commerce firms.
Watching You ' Steal My IP
Are you watching your online competitors, lest they steal your ideas, your customers, or both? How can an online firm learn when another firm is infringing its intellectual property?
Clarification
In the Bob Marley litigation cover article in our March 2011 issue, the co-author, Barry E. Mallen, served as counsel to the Marley interests.
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Cutting Edge Case Developments in Film and TV Law<br>Entertainment Law in Review: 2010-2011
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