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Not all fun and games in copycat litigation
  • King & Wood Mallesons
  • USA
  • September 11 2014

The gaming industry (and gamers) will be watching two recent US cases with great anticipation. In these cases, law suits have been brought against

Barclays Capital Inc., et al. v. Theflyonthewall.com
  • Loeb & Loeb LLP
  • USA
  • March 24 2010

After a bench trial, the district court entered judgment in favor of plaintiff financial institutions on their claims of copyright infringement and "hot news misappropriation" against online aggregator of financial information

Note to musical performersyou are only “entertaining” when you are performing live
  • Dykema Gossett PLLC
  • USA
  • September 5 2014

All of you Vine Starsyou may think you are entertaining with your online performances, but according to the U.S. Patent and Trademark Office (PTO

Olympians sue Samsung over the unauthorized use of their names and likenesses in connection with a Facebook application
  • Arent Fox LLP
  • USA
  • May 15 2012

Eighteen of our nation’s greatest athletes, including Olympians Mark Spitz, Greg Louganis, Jackie Joyner-Kersee, Janet Evans, Dara Torres, and Amanda Beard, have joined together to sue the Samsung Corporation and its related entities (Samsung) over the alleged misappropriation of their names and likenesses in connection with a Facebook application

Second Circuit holds that sale and purchase of trademarks as search terms constitute "use in commerce" under the Lanham Act
  • Venable LLP
  • USA
  • May 13 2009

In a much awaited decision in the trademark world, on April 3, 2009, the Court of Appeals for the Second Circuit held that Google’s sale and offer for sale of trademarks as keywords, which trigger advertisements called sponsored links, is a "use in commerce" under the Lanham Act

Second Circuit clarifies “use in commerce” requirement for trademark infringement claims involving keyword advertising
  • Katten Muchin Rosenman LLP
  • USA
  • December 17 2009

On April 3, the U.S. Court of Appeals for the Second Circuit reversed a dismissal by the U.S. District Court for the Northern District of New York of a lawsuit filed by Rescuecom Corp. against Google Inc., thus forcing Google to defend itself and its AdWords and Keyword Suggestion Tool programs against Rescuecom’s allegations of trademark infringement

You twit face! Protecting your IP in the world of YouTube, Twitter and Facebook: a practical protection guide for the IP owner
  • Gardere
  • USA
  • January 22 2010

Social media sites such as YouTube, Twitter and Facebook present significant opportunities for individuals and businesses to communicate with extensive numbers of people in ways never before envisioned

Court of Appeals determines that Launchcast is not an interactive service - thus not needing direct licenses from the record labels
  • Davis Wright Tremaine LLP
  • USA
  • August 22 2009

The question of when a digital music service is "interactive" and therefore requires direct negotiations with a copyright holder in order to secure permission to use a sound recording is a difficult one that has been debated since the Digital Millennium Copyright Act was adopted in 1998

Columbia Pictures Industries, Inc, et al v. Fung, et al
  • Loeb & Loeb LLP
  • USA
  • January 20 2010

In copyright infringement action against operator of BitTorrent websites, court grants summary judgment to plaintiff movie studios on liability for inducement to infringe

Dancing babies and news bloggers two American copyright tales
  • Shepherd and Wedderburn LLP
  • USA
  • October 1 2008

Two recent copyright claims in the US have raised some interesting issues relating to publication of material on the internet