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Cases of Note Image

Cases of Note

Samuel Fineman, Esq.

Eleventh Circuit Sides with Amazon.com in Right of Publicity Suit<br>Ninth Circuit Finds No Purposeful Availment to Effect Personal Jurisdiction<br>U.S. District Court Denies Cybersquatting Injunction

Features

Yahoo Builds New IP Licensing Model Image

Yahoo Builds New IP Licensing Model

Xenia P. Kobylarz

When Joseph Siino came on board as Yahoo Inc.'s first Vice President of Intellectual Property, the company needed to keep up with Google and Microsoft in transforming from Internet portal to global digital media company. It needed to use its technology patents to generate and distribute media content from its site.

Is Internet Gambling Running Out of Luck? Image

Is Internet Gambling Running Out of Luck?

Marc S. Friedman & Athena Cheng

Internet gambling is illegal when the activity occurs in a state that outlaws gambling. Today, federal prosecutors rely upon various statutes enacted before the widespread use of the Internet.

Features

Lawyer-Bloggers: Fact or Fiction? Image

Lawyer-Bloggers: Fact or Fiction?

Ari Kaplan

These days, it seems like everyone has a blog. You can start one with almost no overhead, and the online publishing possibilities seem endless ' and yet most lawyers still don't blog.

Web Posts Versus the First Amendment Image

Web Posts Versus the First Amendment

Carl Jones

The filing of a defamation lawsuit against the owner and operator of an Internet forum is raising questions about First Amendment rights versus the right to privacy.<br>Pittsburgh attorney Todd Hollis filed a lawsuit in Pennsylvania state court, alleging his reputation is being harmed by comments posted by purported ex-girlfriends on the Web site dontdatehimgirl.com.

Features

Thompson Memorandum on Fees Found Unconstitutional Image

Thompson Memorandum on Fees Found Unconstitutional

ALM Staff & Law Journal Newsletters

Strong words: KPMG refused to pay its employees' legal fees because prosecutors held a 'gun to its head,' and the government thus 'violated the Constitution it is sworn to defend.' This statement from U.S District Judge Lewis A. Kaplan in the KPMG tax shelter case has shaken the foundations of corporate prosecutorial policy. <i>United States v. Stein et al.</i>, 2006 WL 1735260, (S.D.N.Y. June 26, 2006).

Features

Efficient Training on Specific IP Issues Image

Efficient Training on Specific IP Issues

H. Jackson Knight

An excellent time to provide training to a client organization is when the client asks for guidance on IP strategy. In many cases, a client develops an IP strategy due to the desire to approach a specific business need in a planned and proactive manner. This specific business need can be, for example, a new invention, a new competitor, or a new development with another company.

Features

Buyer Beware: When 'All Rights' Doesn't Mean What You Think Image

Buyer Beware: When 'All Rights' Doesn't Mean What You Think

Ann G. Fort & Darcy L. Jones

When drafting an assignment or litigating a case for a client who owns a patent by way of an assignment, many lawyers assume that an assignment giving the assignee 'all rights, title, and interest' allows the client to completely step into the shoes of the assignor. A patent assignment that purports to convey 'all rights' of the assignor, however, does not convey the right to sue for past infringement without an express provision granting the assignee this right.

Small Entity Status: Potential Pitfalls and Curative Measures Image

Small Entity Status: Potential Pitfalls and Curative Measures

Paul A. Ragusa

In 1980, Congress amended the patent code to require patent owners to pay periodic maintenance fees in order to keep their patents in force. In response to concerns about the financial impact on individual inventors and small businesses, a 'small entity' category was added to the law to permit certain individuals, nonprofit organizations, and small businesses to pay half of most normal U.S. Patent and Trademark Office ('PTO') fees.

Features

e-Commerce Docket Sheet Image

e-Commerce Docket Sheet

Julian S. Millstein, Edward A. Pisacreta & Jeffrey D. Neuburger

Recent cases in e-commerce law and in the e-commerce industry.

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