Golan v. Holder: A Catalyst for Orphan Works Legislation?
February 28, 2012
On Jan. 18, 2012, the U.S. Supreme Court issued a 6-to-2 decision in <i>Golan v. Holder</i>, ruling that the Uruguay Round Agreements Act of 1994 — which restores U.S. copyright protection for certain foreign works formerly in the public domain — fits within Congress' constitutional authority to "adjust copyright law to protect categories of works once outside the law's compass." <i>Golan</i>, like <i>Eldred v. Ashcroft</i> before it, solidifies the constitutional authority of Congress under the Copyright Clause to control the terms and duration of U.S. copyright protection.
Recourse Strategies In the New Age of .XXX Domain Names
February 01, 2012
As the dust settled following the close of Landrush, however, the last (and potentially most contentious) leg of the launch commenced. General availability began on Dec. 6, and .XXX domains are being allocated on a first come basis. Now is the time for trademark, domain name and brand owners to purchase .XXX domains to proactively race to stake a claim in their brand if only as a defensive measure to prevent other domain owners from registering/using their name in a .XXX context. It's a showdown at the .XXX corral.
IP News
January 30, 2012
Highlights of the latest intellectual property news from around the country.
The Saga of Omega v. Costco Wholesale Corp.
January 30, 2012
More than seven years after the <i>Omega S.A. v. Costco Wholesale Corp.</i> case began, there has been no trial and the case is now back at the Ninth Circuit for a second time.
Establishing Substantial Non-Infringing Use for Software Under 35 U.S.C. ' 271(c)
January 30, 2012
If sued as a contributory infringer under 35 U.S.C. § 271(c), a software company can prevail if it establishes that the accused software has a substantial non-infringing use. In many cases addressing this issue, however, software companies have usually failed to establish this defense. This article summarizes the particular circumstances that gave rise to these failures, and proposes a particular scenario under which a defendant may succeed in showing that its software is suitable for substantial non-infringing use.
Re-registration of Current Domain Name By New Owner Not ACPA 'Registration'
December 27, 2011
The Ninth Circuit has now concluded that the ACPA does not apply to a domain name that is first registered prior to the time the trademark at issue becomes distinctive, even if the domain name is later re-registered by a new owner. However, the Ninth Circuit also held that the ACPA can apply to new domain names registered by the new owner after the mark acquires distinctiveness.
IP News
December 21, 2011
Highlights of the latest intellectual property news from around the country.
Robert Bosch LLC v. Pylon Mfg. Corp.
December 21, 2011
<i>Robert Bosch LLC v. Pylon Mfg. Corp.</i>, is an important decision that abolishes the presumption of irreparable harm in the context of injunctive relief for patent infringement. The case is also important because the Federal Circuit instructs that courts must still consider "the fundamental nature of patents as property rights granting the owner the right to exclude" when determining whether to issue an injunction.
Can We Talk?
December 21, 2011
A newly expanded Patent Office program makes it easier to talk to the examiner prior to initial examination. The heart of the program is an "Examiner Interview" that takes place before the examiner issues a first official action, which allows the examiner and patent applicant to discuss the application, identify allowable patent claims, and shave months or years off of the time from filing of an application to receipt of an issued patent.
