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Video-sharing website protected by DMCA safe harbor

McDermott Will & Emery
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USA
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January 30 2009

In 2008, the video-sharing website Veoh.com (Veoh) won two notable decisions under the “safe harbor” provisions of the Digital Millennium Copyright Act (DMCA

“.com” does not convert a generic term into a brand name

McDermott Will & Emery
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USA
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August 31 2009

The U.S. Court of Appeals for the Federal Circuit recently affirmed a decision by the Trademark Trial and Appeal Board, refusing registration of the mark “hotels.com” because it is generic

Webcasting music services not “interactive” when users cannot directly control the songs they hear

McDermott Will & Emery
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USA
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September 28 2009

The U.S. Court of Appeals for the Second Circuit affirmed a district court judgment that an internet radio service was not an “interactive service” within the meaning of the Digital Millennium Copyright Act (DMCA) and hence was not liable for copyright infringement for failure to pay license fees

KSR based renewed motion on obviousness is a winner

McDermott Will & Emery
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USA
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February 26 2009

The U.S. Court of Appeals for the Federal Circuit affirmed a district court grant of a post-KSR renewed summary judgment on obviousness (after denying a pre-KSR motion

Copyright registrations can be invalidated based on intentional misrepresentations of originality

McDermott Will & Emery
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USA
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August 31 2009

Addressing the inter-related issues of cyberpiracy, copyright infringement and trademark infringement, the U.S. Court of Appeals for the Eleventh Circuit affirmed a district court’s ruling that a website was owned by the employer but the copyright was invalid because the employer misrepresented the former employee’s contribution to that website

Statutory damages: foreign works and the U.S. live broadcast exemption

McDermott Will & Emery
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USA
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September 16 2009

In a class action led by the Football Association Premier League (FAPL) and U.S. music publishers Bourne against YouTube and its owners Google (The FAPL v YouTube Inc. (US District Court Southern District of New York)) filed on 4 May 2007, a U.S. District Court judge held that, because the FAPL did not register its broadcasts of Premier League matches with the US Copyright Office, it cannot claim statutory damages under the US Copyright Act against YouTube in respect of allegedly copyright infringing material uploaded by users to the video sharing site

Parody, political speech and bad faith

McDermott Will & Emery
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USA
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September 16 2009

In Sutherland Institute v Continuative LLC WIPO D2009-0693 (10 July 2009) sole World Intellectual Property Organization (WIPO) panellist Frederick M Abbott refused to find bad faith in the use by a group of gay activists of a domain name identical to the service mark of a "conservative think tank" on a parody site

Ninth Circuit rejects petition for rehearing en banc, upholding its decision that vote-swapping websites cannot be prosecuted under vote-buying statutes

McDermott Will & Emery
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USA
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April 28 2008

The U.S. Court of Appeals for the Ninth Circuit denied a petition for rehearing en banc in a case involving the tension between free speech and vote-swapping websites

Commission finds U.S. anti-gambling laws infringe WTO rules

McDermott Will & Emery
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European Union, USA
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June 19 2009

In a report published on 10 June 2009, the European Commission has found that U.S. laws prohibiting the cross-border supply of remote gambling and betting services and the enforcement of those laws against EU companies are in violation of Articles XVI (Market Access) and XVII (National Treatment) of the General Agreement on Trade in Services (GATS) and are not justified under Article XIV (General Exceptions

Curbing online piracy - rethinking strategy?

McDermott Will & Emery
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USA
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October 30 2007

In April 2006, Ms. Jammie Thomas was sued by the Recording Industry Association of America for copyright infringement after more than 1700 music files were traced to a computer used by her

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