Does the CDA Bar State IP Claims?
March 30, 2012
It is clear that there is no immunity under the Communications Decency Act of 1996 for copyright, patent and trademark law. What remains an open question ' and the subject of conflicting judicial interpretations ' is whether state intellectual property claims such as appropriation of rights of publicity are barred.
Random House Suit Brings Renewed Push For 'E-Book' Rights in Older Contracts
March 30, 2012
The e-book format continues to be a growing force in book publishing. Worldwide sales are predicted to reach nearly $10 billion by 2016 ' compared to $3.2 billion in 2011. Current publishing agreements offered by book publishers unambiguously transfer electronic rights as well as print rights. But whether licenses granted by authors in older book publishing agreements can be construed to embrace this new technology is a major question for the industry. The answer will determine whether traditional publishers, or authors and the digital startups that some of them now choose to license to, will control e-book publishing of lucrative classic titles. This
Fair Use Analysis Before Takedown Notice Is Asked for By Another Federal District
March 30, 2012
In 2009, the U.S. District Court for the Northern District of California startled copyright owners in ruling that, to comply with the "good faith" requirement the DMCA, content proprietors must conduct a fair-use copyright analysis of unlicensed online uses of their works prior to sending a takedown notice. Now a federal magistrate for the U.S. District Court for the District Montana has adopted the <i>Lenz</i> fair use rule.
Online Gaming in New Jersey Remains a Crapshoot
March 30, 2012
A recent opinion issued by the DOJ brought New Jersey residents a step closer to being able to participate in legal online gaming. But for the games to begin, the state legislature must pass a bill that Gov. Chris Christie believes satisfies state constitutional requirements.
New European Data Protection Regulation Draft
March 30, 2012
The proposal would unify EU data-protection regulations among member states. This change would allow closer cooperation among law-enforcement agencies and courts in EU member nations to protect data, safely share citizens' personal data only among authorized parties, and help police detect and catch personal-data privacy violators.
The COACH Mark Is Famous, But Not Famous Enough to Support a Dilution Claim
March 29, 2012
Although acknowledging that the COACH mark for handbags and other luxury goods was famous enough for that fame to be a strong factor in a likelihood of confusion analysis, the U.S. Court of Appeals for the Federal Circuit has concluded that there was insufficient proof that the mark was a "household name" that was famous enough to support a claim of dilution against a third party's COACH-branded educational materials.
Retirement Assets for Equitable Distribution
March 29, 2012
It has become common practice in equitable distribution calculations to reduce pension and other tax-deferred retirement asset valuations ... but there are several problems associated with this practice, and they should be considered by divorcing parties and their advisers.
