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Results: 1-10 of 24

What can we learn from the SCO litigations?
  • Proskauer Rose LLP
  • USA
  • June 17 2010

Last week, the district court in SCO, Inc. v. Novell (D. Utah), the current act in the long-running drama of the SCO litigations aimed at the Linux operating system, refused to grant SCO's motion to set aside the jury verdict rendered last March


Novell prevails in jury trial on ownership of UNIX copyrights
  • Proskauer Rose LLP
  • USA
  • March 30 2010

The jury in The SCO Group v. Novell, Inc. litigation over ownership of the copyrights in UNIX source code has ruled in favor of Novell, the company announced on its blog this afternoon


Trademark owner's reports of infringing goods to online auction anti-infringement program protected by “interested party” privilege from defamation claim
  • Proskauer Rose LLP
  • USA
  • April 14 2010

A trademark owner's reports of infringing goods to an online auction's anti-infringement program were privileged under California law, a district court ruled


Near $2 million copyright damages verdict against non-commercial file-sharing defendant remitted as “gross injustice”
  • Proskauer Rose LLP
  • USA
  • April 14 2010

A $1,920,000 jury award of copyright damages against a "non-commercial individual" for distributing 24 copyrighted songs on a file-sharing network is a "gross injustice" that warrants remitting the verdict to three times the minimum statutory damages of $750 per song, or $2,250 per song ($54,000), a district court ruled


Forum selection clause in Google AdWords agreement applies to claims against Google for prior conduct
  • Proskauer Rose LLP
  • USA
  • April 14 2010

The scope of the forum selection clause in the agreement applicable to the Google Adwords program extends to a plaintiff's dispute with Google over conduct predating the execution of the Adwords agreement, a district court ruled


Unauthorized sharing of copyrighted music files on P2P file-sharing network not protected by fair use defense
  • Proskauer Rose LLP
  • USA
  • April 14 2010

A party who made copies of music recordings and shared them with other parties on a peer-to-peer file-sharing network is not protected by the defense of fair use, a district court ruled


Depiction of student athlete in videogame deemed actionable under California right of publicity statute
  • Proskauer Rose LLP
  • USA
  • April 14 2010

The inclusion of a character in a videogame that corresponded to a student athlete is actionable under the California right of publicity statute, a district court held


College student's innocent infringer defense for copying and distributing phonorecords on P2P network foreclosed by copyright notices
  • Proskauer Rose LLP
  • USA
  • April 14 2010

A college student found liable for copyright infringement for making digital copies of copyrighted phonorecords and sharing them on a P2P file-sharing network is not entitled to the mitigation of statutory damages under Copyright Act 504(c)(2) for innocent infringement, the U.S. Court of Appeals for the Fifth Circuit ruled


California single publication rule applies to web site right of publicity, Lanham Act claims
  • Proskauer Rose LLP
  • USA
  • April 14 2010

The California single publication rule bars an individual's common law and California statutory right of publicity and Lanham Act false endorsement claims for the sale of merchandise on a Web site, a district court ruled


Domain name registrar not immune from trademark owner's infringement, ACPA claims
  • Proskauer Rose LLP
  • USA
  • April 14 2010

A domain name registrar that registered numerous infringing domain names, provided private registration services in conjunction with a related entity that concealed the identity of the registrants, and received fees when ads on sites connected to the infringing domain names were clicked, may be liable under the Lanham Act and the Anti-cybersquatting Consumer Protection Act, a district court ruled