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Features

Downloading Cases Hearten the Defense Image

Downloading Cases Hearten the Defense

Amanda Bronstad

Defense lawyers in copyright infringement cases brought by members of the RIAA are trumpeting as victories three recent court decisions that rein in the association's campaign against individuals who make songs available for distribution on the Web.

Features

Secret Online Identity Image

Secret Online Identity

Andrew Serwin & Eileen R. Ridley

Companies and their employees at times face the difficult issue of protecting themselves from cybersmears by anonymous Internet users. One of the most problematic issues is the tension between identifying what is protected speech under the First Amendment, and the standard that must be met in order to obtain the identity of an anonymous poster who has used the Internet to spread damaging statements.

Federal Circuit Split Decision on 'Public Accessibility' of Internet Posting Image

Federal Circuit Split Decision on 'Public Accessibility' of Internet Posting

Warren D. Woessner & Tania Shapiro-Barr

Do Internet postings constitute 'printed publications' that are available as prior art under 35 U.S.C. '102(b)? Most practitioners and examiners behave as though this were a settled question. It is not. The Court of Appeals for the Federal Circuit recently addressed this issue in <i>SRI International v. Internet Security Systems and Symantec</i>. After much discussion of the principle of 'public accessibility,' the majority of the panel determined that there was a genuine issue of material fact as to whether a paper that SRI posted on its Internet server was a printed publication.

<b>Web Watch</b> Super-Powered Web Sites Hit the Jackpot Image

<b>Web Watch</b> Super-Powered Web Sites Hit the Jackpot

Robert Ambrogi

Consider this the super-powers edition of Web Watch. Read on to find out how you can build memory stronger than an elephant's, have the vision to search across the Web and develop the ability to communicate from the afterlife.

A Passport to Virtual Worlds Image

A Passport to Virtual Worlds

Sean Kane

The vast majority of online games do not have a distinct win or lose scenario; instead they are designed to allow for gamers to level-up their Avatars in the virtual society by earning virtual currency and/or developing skills that make the character more desirable. Property, both real and personal, can be purchased or created in the virtual world and used by the Avatars. The current trend of allowing player-created content has led more players to consider the virtual property that they have created or earned to be their real world property as well.

Movers & Shakers Image

Movers & Shakers

ALM Staff & Law Journal Newsletters

Who's doing what; who's moving where.

News Briefs Image

News Briefs

ALM Staff & Law Journal Newsletters

The latest news from the franchising world.

Court Watch Image

Court Watch

Cynthia M. Klaus

Recent rulings of interest to you and your practice.

Fifth Circuit Affirms Lanham Act and Antitrust Judgment for Franchisor Image

Fifth Circuit Affirms Lanham Act and Antitrust Judgment for Franchisor

Edward Wood Dunham & Erika L. Amarante

In <i>Schlotzsky's Ltd. v. Sterling Purchasing and National Dist-ribution Co., Inc. ("Sterling")</i>, 502 F.3d 393 (5th Cir. 2008), the Fifth Circuit reinforced the tough standard for proving an antitrust tying claim against a franchisor and clarified the broad scope of the Lanham Act's unfair competition provision. The decision is important for franchisors defending claims of market power.

Features

IFA Legal Symposium Tackles Wide Range of Issues Image

IFA Legal Symposium Tackles Wide Range of Issues

Kevin Adler

Rarely has the International Franchise Association ('IFA') Legal Symposium, come at a busier time for the franchise industry, as a wide range of legal and business issues are generating change at a rapid rate. The conference, which was held on May 12-13 in Washington, DC, addressed everything from green business practices to new disclosure regulations, and the protection of marks on the Internet to states' efforts to expand their ability to tax franchise activity.

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    This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
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    The copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We'll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.
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