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Cameo Clips

ALM Staff & Law Journal Newsletters

Copyright Infringement/Claim Dismissal; Decryption-Software Sales/Illegality Defense.

Features

Decision of Note: Songs in Karaoke Not Fair Use Image

Decision of Note: Songs in Karaoke Not Fair Use

ALM Staff & Law Journal Newsletters

The U.S. Court of Appeals for the Sixth Circuit decided that the unlicensed use of songs for karaoke recordings was not a fair use. <i>Zomba Enterprises Inc. v. Panorama Records Inc.</i>, 06-5013.

Features

Internet Music Stream vs. Download Image

Internet Music Stream vs. Download

Stephen M. Kramarsky

If a music file is downloaded to a computer and no one is there to play it, does it constitute a performance? This is not some question from a digital-age freshman philosophy seminar ' it was the legal issue recently facing Judge William C. Connor in the U.S. District Court for the Southern District of New York in <i>United States v. American Society of Composers, Authors and Publishers (ASCAP)</i>, 485 F.Supp.2d 438 (S.D.N.Y. 2007).

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Verdicts

ALM Staff & Law Journal Newsletters

Recent rulings of interest to you and your practice.

Features

Lease Financing of Solar Power Image

Lease Financing of Solar Power

Philip H. Spector

Hardly a day goes by without major media attention to global warming and the need to develop and invest in sources of alternative energy. Legislation to encourage investment in renewable energy has bipartisan support. Tax legislation passed in 2005 and 2006 extended the renewable energy production tax credit and the energy investment tax credit to facilities placed in service before Jan. 1, 2009. Further extension and expansion of these credits is expected from the current Congress. The extension of the tax credits, the adoption of minimum alternative energy requirements by many states, and greater public and political support for alternative energy resources have increased interest in the development and financing of wind, biomass, geothermal, and solar facilities. An active financing market has developed.

August issue in PDF format Image

August issue in PDF format

ALM Staff & Law Journal Newsletters

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Features

IP News Image

IP News

Hany Rizkalla

Highlights of the latest intellectual property news from around the country.

Features

What Proves That a Mark Has Become Generic? Image

What Proves That a Mark Has Become Generic?

Judith L. Grubner

Generic names for goods and services may not be registered as trademarks under the Lanham Act, and registered marks that have become the generic name for the goods or services may be cancelled at any time (15 U.S.C. &sect;14(3)). Words that were originally trademarks designating the source for particular products, such as 'escalator' and 'thermos,' have lost that status and become the generic name for all such products. Companies whose marks are in danger of losing their distinctiveness as source indicators may take steps to raise the public's consciousness and prevent their marks from becoming generic. One such well-known advertising campaign is run by Xerox Corporation to educate the public to use a 'photocopying machine' or 'to photocopy' in place of the registered trademark XEROX.

What's Obvious From KSR Int'l Co. v. Teleflex? Image

What's Obvious From KSR Int'l Co. v. Teleflex?

Matthew W. Siegal & Kevin C. Ecker

Since the Supreme Court's April 30, 2007 decision in <i>KSR Int'l Co. v. Teleflex Inc. et al.</i>, 127 S.Ct. 1727 (2007), the Court of Appeals for the Federal Circuit has affirmed one district court's determination of obviousness, reversed another, and denied one rehearing <i>en banc</i> concerning an obviousness determination. This second installment of our two-part series discusses three cases decided after <i>KSR</i> and examines the implications of <i>KSR</i> in the context of these decisions.

Features

Perfect 10 v. Google: Ninth Circuit Sanctions Web Site Framing, Online Thumbnail Displays Image

Perfect 10 v. Google: Ninth Circuit Sanctions Web Site Framing, Online Thumbnail Displays

Mitchell Zimmerman

How fast do things change in 'Internet time'? That was in substance one of the questions posed in a recent Ninth Circuit decision in <i>Perfect 10 v. Google</i>, No. 06-55405, 2007 U.S. App. Lexis 11420 (9th Cir. May 16, 2007), which considered, <i>inter alia</i>, whether a less-than-four-year-old fair use precedent validating an image search engine had been overtaken by subsequent events. Not so fast, answered the Ninth Circuit in a lengthy decision destined to provide important guidance to online enterprises on a range of Internet copyright issues.

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