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Features

Trademark 'Theft' With AdWords Keyword Bidding Image

Trademark 'Theft' With AdWords Keyword Bidding

Aaron Cohn

<b><i>Many Courts Have Determined that AdWords Bidding Alone Does Not Create Sufficient Consumer Confusion to Support Trademark Infringement Claims</b></i><p>As Internet searching continues its rapid migration to mobile and inadvertent infringement becomes inevitable, the courts are likely to see an increase of litigation in this area.

Features

Copyright Law in the Age of Twitter Image

Copyright Law in the Age of Twitter

Shari Claire Lewis

<b><i>A Recent Decision by the U.S. District Court for the Southern District of New York Involving Twitter May Have Significant Implications for Online Publications</b></i><p>The exponential growth of social media, and the inevitable conflicts that result, is leading to more and more litigation. In many instances, courts are being asked to apply laws crafted before the Internet era to these modern disputes.

Features

<i>A Roundtable Discussion:</i> How Evolving Media Types and Cybersecurity Concerns Are Impacting e-Discovery Image

<i>A Roundtable Discussion:</i> How Evolving Media Types and Cybersecurity Concerns Are Impacting e-Discovery

ssalkin

In this roundtable discussion, two law firm partners and two GCs share their experience and insight on the evolving nature of e-discovery and its intersection with AI, cybersecurity and privacy.

Features

Iglesias's Music Streaming Suit Confronts Big Industry Issue Image

Iglesias's Music Streaming Suit Confronts Big Industry Issue

Samantha Joseph

Music superstar Enrique Iglesias wasn't dancing around the point when he recently filed a lawsuit in Miami federal court against Universal International Music.

Features

Marketing Tech: Finding a Few More Minutes for Marketing and Business Development Image

Marketing Tech: Finding a Few More Minutes for Marketing and Business Development

Ari Kaplan

Years ago, when trying to improve some of my snacking habits, I stopped buying cookies, candy and savory chips. Magically (and perhaps obviously), I quickly found that I ate less junk food. In effort to find a few more minutes a day for marketing, I recently applied this same basic, but effective, technique to my time management and the results have been just as immediate.

Features

Marketing Tech: SEO: Will It Actually Work for Your Firm? Image

Marketing Tech: SEO: Will It Actually Work for Your Firm?

Spencer X. Smith

Search engine optimization (SEO) is a great way to help drive traffic to your website, but is also a very misunderstood term. This article helps clarify what SEO really is, and if it will help with your business development activities.

Features

Influencing the Influencers Image

Influencing the Influencers

Alan Friel & Stephanie Lucas

The importance of promoting brands and products on digital platforms has continued to grow as advertisers are learning how to use social media to reach out to specific populations by harnessing the power and goodwill of the people on these platforms that are popular with and influence particular niche groups of interest. These so-called “influencers” can have thousands, or even millions and tens of millions of followers. But when is the influencer an objective critic, and when is she a paid spokesperson?

Features

Artificially Intelligent Blockchain of Things: Examining Legal Tech's Biggest Buzzwords Image

Artificially Intelligent Blockchain of Things: Examining Legal Tech's Biggest Buzzwords

Ian Lopez

<b><i>Panelists at ALM Cybersecure 2017 Delved Into the Year's Biggest Legal Technology Buzzwords and the Hype Fueling Their Popularity</i></b><p>Legal technology has no shortage of buzzwords. The latest slew to take the industry by storm were the topic conversation in a Dec. 5 panel at ALM's CyberSecure event in New York.

Features

<i>Online Extra:</i><br>Social Media: Questions of Admissibility And Ethics Image

<i>Online Extra:</i><br>Social Media: Questions of Admissibility And Ethics

Khizar A. Sheikh, Lynne Strober & Jennifer Presti

Social media evidence can be acquired both informally — through an attorney's own investigation or from the client — or more formally through the use of discovery and the rules of discovery. While each gives rise to practical and ethical issues, this section will focus on informal methods of acquisition.

Features

<i>Zeran v. AOL</i> and Its Inconsistent Legacy Image

<i>Zeran v. AOL</i> and Its Inconsistent Legacy

Ian C. Ballon

<i><b>How the Seminal Fourth Circuit's Ruling Is Applied in Different Circuits</b></i><p>The rule of <i>Zeran</i> has been uniformly applied by every federal circuit court to consider it and by numerous state courts. And it has never been rejected in any precedential opinion. Indeed, it is perhaps a fitting tribute to the viability of <i>Zeran</i> that 20 year later the U.S. Court of Appeals for the Ninth Circuit, in its 12th opinion construing the CDA, barely spent even a sentence affirming dismissal of a defamation claim brought against Facebook over user content, pursuant to the CDA and the rule first developed in <i>Zeran</i>.

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MOST POPULAR STORIES

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    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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    On May 9, 2003, the U.S. Attorney's Office for the District of Massachusetts announced that Bayer Corporation, the pharmaceutical manufacturer, had been sentenced and ordered to pay a criminal fine of $5,590,800 stemming from its earlier plea of guilty to violating the Federal Prescription Drug Marketing Act by failing to list with the FDA its drug product, Cipro, that was privately labeled for an HMO. Such listing is required under the federal Food, Drug &amp; Cosmetic Act. The Federal Prescription Drug Marketing Act, Pub. L. 100-293, enacted on April 22, 1988, as modified on August 26, 1992 by the Prescription Drug Amendments (PDA) Pub. L. 102-353, 106 Stat. 941, amended sections 301, 303, 503, and 801 of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. '' 331, 333, 353, 381, to establish requirements for distributing prescription drug samples.
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