The Muniauction v. Thomson decision illustrates the Federal Circuit's application of the Supreme Court's decision on obviousness in KSR Int'l Co. v. Teleflex, Inc. and confirms the Federal Circuit's own decision on "joint or divided" infringement in BMC Resources, Inc. v. Paymentech.
At one time or another, every trademark holder must deal with infringement on the Internet. After years of chasing individual infringers, many brand owners seek relief from those who provide the means for infringement. Yet these efforts have had limited success, at least in the United States. In some jurisdictions, search engines have avoided liability for sales of trademarks as keywords, under the doctrine of non-trademark use.
Social-networking sites such as MySpace and Facebook are dropping the legal hammer on spammers. The question is: Can they really nail the elusive disturbers of Internet peace?
There can be little doubt in today's world that the Internet offers new ways to do old things. We can now work more efficiently, conduct financial business, enjoy recreational reading, socialize and perform a host of other tasks ' all online. Yet, this same Internet has provided an almost unguarded playground to allow thieves and other criminals to develop and unleash sophisticated scams and frauds on unsuspecting users.
Online Promo Music Resales Fall under First Sale Doctrine
Unadorned Digital Car Models in Web Ads Not 'Real' For Copyright
Reseller Who Bought Ads with Trademark Not under First Sale Doctrine
Subpoena Seeking ISP Subscriber Billing Data Deemed Overbroad
Now can I ship wine to out-of-state consumers? That's what people at wineries, and even retailers, have been asking e-commerce counsel since the Supreme Court decided Granholm v. Heald, which struck down wine-shipping regulations in Michigan and New York as discriminatory under the Dormant Commerce Clause. There are at least 50 answers to the question.
The practice of "search" as part of electronic discovery is evolving before our eyes. Suddenly, what was once deemed industry standard is insufficient. Keyword search, the legal profession's preferred method for sifting through large collections of electronically stored information ("ESI") in order to find relevant or privileged information, had been widely accepted by courts and the legal community because its effectiveness was assumed and unchallenged. Until now.
The first installment of this article discussed 'active' reading; understanding the structure of a patent publication; and understanding why certain words were used and others were not. This conclusion addresses how to obtain technical information.
Google or other analytics reports typically show that search engines are a major source of Internet traffic to law firm Web sites (as well as law firm blogs). Therefore, a law firm seeking to increase traffic to its Web site should follow 'best practices' when it comes to search engine optimization, or SEO.
In a case closely watched by intellectual property holders, the D.C. Circuit has provided new guidance on the potential antitrust consequences of the failure to disclose patent rights during a standard setting proceeding.
