Exploring the Substantial-Similarity Test in Suits Alleging Breach of Implied Contract
March 27, 2008
Copyright-infringement cases alleging that a defendant improperly used a plaintiff's work for a movie or TV show often hinge on whether there's substantial similarity between the litigating parties' works. But substantial similarity plays a role in breach-of-implied-contract cases alleging defendants based their film or show on a plaintiff's work. A recent ruling by the California Court of Appeal serves as an informative review of California case law in this legal area and its current application.
Think You Know What Constitutes Good Cause?
March 27, 2008
Many employers believe that since they make the first call as to whether cause exists, that is the final call. However, as demonstrated by the jury verdict in a recent Maryland trial, it is the jury, not the employer, that gets to make the final call as to whether cause exists. <i>Kinsbourne, et al. v. 180's LLC.</i>
DOL's New Proposed FMLA Regulations: They Help Employers, But Is It Enough?
March 27, 2008
Since the Department of Labor's regulations implementing the Family and Medical Leave Act of 1993 were first issued in 1995, they have caused a degree of consternation for employers navigating some of their more confusing aspects, and grappling with employee abuse. In an effort to add clarity, the DOL published new proposed changes to the regulations on Feb. 11, 2008. The proposed regulations clarify some uncertainties, but many remain.
How to Prepare for a Live Presentation
March 27, 2008
Delivering a live presentation with impact demands a particular type of preparation, whether you are addressing a room of hundreds or a client's small executive team. This article provides advice on how to craft such presentations.
Bringing Lateral Attorneys on Board: A Blueprint for Success
March 27, 2008
The lateral movement of attorneys between firms requires a well-defined and well-executed management program in order to maximize the benefits of the move to both sides. This article sets forth the key elements, all of which must be addressed in order to maximize the investment a law firm makes in the lateral and in order to achieve career satisfaction and retention of lateral attorneys.
Business Method Patents and State Street: Federal Circuit to Hear Supplemental Briefing
March 27, 2008
On its own initiative in a pending appeal, the Federal Circuit has ordered supplemental briefing concerning the patentability of process claims and the Federal Circuit's 1998 decision in <i>State Street Bank & Trust Co. v. Signature Financial Group, Inc.</i>, which eliminated the 'business method exception' to patentable subject matter.
e-Commerce Docket Sheet
March 27, 2008
Registered Trademark Owner's Remedies Not Limited By Types of Goods<br>Domain Name with 'e' before Famous Mark Is Dilution<br>Failure to Produce Written Copyright Transfer Does Not Prevent Standing<br>Electing Statutory Damages For Counterfeit Mark Use Precludes Some Fees
Federal Circuit Split Decision on 'Public Accessibility' of Internet Posting
March 27, 2008
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.
Sponsored Linking Can Ruffle Feathers
March 27, 2008
In <i>Boston Duck Tours, LP v. Super Duck Tours, LLC</i>, the District Court of Massachusetts ruled that sponsored linking qualifies as 'use in commerce' for purposes of trademark infringement under the Lanham Act. Although the court ultimately found no likely consumer confusion in this case, in holding that sponsored linking falls within the purview of the Lanham Act, the court joins a growing number of circuits and districts that have failed to take a cue from well-settled, and clearly analogous, offline-trademark principles. Rather, these courts seem inexplicably intent on reinventing the wheel and expanding the scope of Lanham Act protection to include Web-based activities that are virtually imperceptible to consumers.
