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Features
Smart companies understand that the power of user generated content (UGC) is that it is at least somewhat out of control. They craft their brand strategies accordingly, using social media to address customer concerns directly and publicly, rewarding social media influencers and picking their battles. But still, the courts remain full of litigants who do not seem to get the message. In particular, some businesses continue to attempt to use intellectual property law to stop customers from sharing their experiences on the Internet.
Columns & Departments
Jury Instructions for Implied Contract Cases<br>No Safe Harbor for Uploads of Pre-1972 Sound Recordings
Features
The '<i>Dendrite</i> test,' has discouraged lawsuits whose real objective is identifying anonymous speakers. Prior to <i>Dendrite</i>, thousands of lawsuits were filed each year seeking to identify Internet speakers, and enforcement of subpoenas was almost automatic. Since <i>Dendrite</i>, both the number of lawsuits designed to identify Internet speakers and the automatic nature of the enforcement of those subpoenas has declined due to the broad application of Dendrite. Recently, an appellate court in <i>Warren Hospital v. John Does (1-10)</i> has limited the application of <i>Dendrite</i>.
Columns & Departments
Highlights of the latest intellectual property news from around the country.
Features
A California district court has denied cross summary judgment motions in a case that has implications for fair use analysis under copyright law and DMCA litigation.
Features
The calls for amending the Computer Fraud and Abuse Act (CFAA) have grown louder. In response, several bills have been introduced in Congress offering amendments to the CFAA. The question is whether Congress will use this opportunity to draft a law that attempts to reflect the interests of all U.S. citizens or simply increase the criminal penalties for violating the CFAA so as to appear tough on crime.
Features
On May 15, the Federal Trade Commission (FTC) sent letters to more than 90 businesses, informing them that they could potentially be in violation of the Children's Online Privacy Protection Act (COPPA) when changes to the law go into effect on July 1.
Features
Panelists discussed everything from roadblocks for successful operators to sell their franchises, to proper use of advertising funds, to whether franchise executives should appear on the TV show "<i>Undercover Boss</i>" during the opening panel discussion at the IFA's 46th Annual Legal Symposium in Washington, DC, in May.
While <I>Hanley v. Doctors Express Franchising, LLC</i> does not demonstrate any significant movement in the law governing FPRs one way or the other, it does demonstrate that FPR claims will not necessarily be readily dismissed, and that the absence of relevant information can be even more important in the context of financial disclosures than the actual accuracy of what is reported.