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Since the start of the digital media era, content industries have engaged in a tug-of-war with courts over whether the identity of defendants accused of violating plaintiffs' rights, via online distribution, can be revealed.
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The Internet's value arises in part from its ability to provide images, data and content quickly and at little cost. This ability results from the fact that Internet products — whether they be images, data or content — are each reduced to a digital format. Sharing products that have been so reduced may result in product liability.
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At law firms and legal departments, preparing for the new year should mean looking back at the last year and prioritizing revenue-driving activities, identifying strategies to grow your firm or company while mitigating risk and budgeting for new projects to meet client demands.
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<b><i>Board Says It Doesn't Matter Whether Use Is By a Trademark Owner Or a Third Party</b></i><p>In a nearly 50-page precedential opinion, the Trademark Trial and Appeal Board (TTAB) panel of Judges Adlin, Heasely, and Lynch, underscored the need to prove actual use in commerce in order to register a trademark, regardless of how low the standard for use under the Lanham Act has recently become. <i>Tao Licensing, LLC, v. Bender Consulting d/b/a Asia Pacific Beverages.</i>
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The U.S. Court of Appeals for the Ninth Circuit upheld a win for ESPN in a lawsuit that accused the company of sharing the personal identities of customers, who used the sports network's Roku streaming application, with data analytics companies.
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The #MeToo movement has empowered victims of sexual harassment and abuse previously silenced by powerful business and political leaders. No longer silent, these victims are using their experiences to challenge the powerful and raze structures that have permitted abuse. We have compiled a panel of legal experts to analyze how the law and the legal profession failed the workplace. The panelists discuss legal and environmental conditions that led to abuse, and what lawyers and businesses can do to curb the powerful and protect the vulnerable.
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In the event that your company is the victim of a ransomware attack, this article provides steps to be taken as part of its response to such an incident. It is meant to be a helpful guide, but the best response generally will depend on different factors, including the scope and severity of the attack, availability of remediation measures, and business sensitivities.
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President Trump had an eventful first year in the labor and employment arena. With his first year in office now wrapping up, this is a perfect time to look back at how the Trump Administration's policies have shaped labor and employment law issues at both the federal and state level, and where we expect to go in 2018.
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<b><i>There Was No Clear Majority at Oral Argument Signaling the Death of</i> Inter Partes <i>Review</b></i><p>November 27 was supposed to be the big Patent Trial and Appeal Board (PTAB) showdown at the U.S. Supreme Court. After two hours of questioning, it seemed more like a big bust.
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The Second Circuit recently reversed a district court's determination that federal prosecutors and agents were not entitled to qualified immunity from plaintiffs' <i>Bivens</i> claims for money damages for violations of the Fourth and Fifth Amendments in procuring and executing a search warrant.