At one time or another, every trademark holder must deal with infringement on the Internet. After years of chasing individual infringers, many brand owners seek relief from those who provide the means for infringement. Yet these efforts have had limited success, at least in the United States. In some jurisdictions, search engines have avoided liability for sales of trademarks as keywords, under the doctrine of non-trademark use.
Part One of this article provided background relating to IP disclosures in standard setting and discussed the Rambus decision. This month's installment addresses the impact of Rambus.
The manufacturer/customer privity hurdle in patent infringement suits can be overcome by application of the Kessler doctrine. This article explains.
Last month, we published an article discussing the patent application foreign filing license requirements for various countries, including the United States. As the issue went to press, the Director of the U.S. Patent and Trademark Office ("USPTO") issued a Federal Register Notice warning patent applicants that the exportation of information relating to technologies developed in the United States to foreign countries for purposes of preparing patent applications to be filed in the United States is subject to clearance review by the Bureau of Industry and Security ("BIS") of the U.S. Department of Commerce. Here is the update.
FCC Orders Comcast to Cease Blocking Large Files
The Inexact Science Behind DMCA Takedown Notices
Social-networking sites such as MySpace and Facebook are dropping the legal hammer on spammers. The question is: Can they really nail the elusive disturbers of Internet peace?
For all their hype, social-networking Web sites are just glorified directories ' the 21st-Century version of the phone book or the legal directory. But unlike their forebearers, these directories give you far more control, helping you tailor your listing and manage your network in ways no traditional directory ever could. Some people question the value of professional networking sites, given that a critical mass has yet to join them. But to my mind, avoiding social networking until it becomes widespread makes no more sense than waiting to launch a blog until everyone else has one. Would you rather lead the pack or trail behind it?
There can be little doubt in today's world that the Internet offers new ways to do old things. We can now work more efficiently, conduct financial business, enjoy recreational reading, socialize and perform a host of other tasks ' all online. Yet, this same Internet has provided an almost unguarded playground to allow thieves and other criminals to develop and unleash sophisticated scams and frauds on unsuspecting users.
Recent rulings of importance to your practice.
Online Promo Music Resales Fall under First Sale Doctrine
Unadorned Digital Car Models in Web Ads Not 'Real' For Copyright
Reseller Who Bought Ads with Trademark Not under First Sale Doctrine
Subpoena Seeking ISP Subscriber Billing Data Deemed Overbroad
