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Common Software Licensing Language at Issue in IP Dispute
  • Proskauer Rose LLP
  • USA
  • October 8 2018

Licensors of software typically utilize software license agreements providing for their ownership of the licensed software and related IP, as well as


Close Shave on Whether Cease and Desist Letter Creates DJ Jurisdiction
  • Proskauer Rose LLP
  • USA
  • December 20 2016

Rather than wait around for the hammer to fall, companies under threat of an intellectual property lawsuit sometimes choose to file a declaratory


Antitrust Agencies Propose Updates to IP Licensing Guidelines and Invite Comments
  • Proskauer Rose LLP
  • USA
  • August 23 2016

In 1995, the Federal Trade Commission and the Department of Justice first issued the Antitrust Guidelines for the Licensing of Intellectual Property


Three Point Shot - Summer 2016
  • Proskauer Rose LLP
  • USA
  • July 29 2016

World 800-meter champion Boris Berian is seemingly capable of out-running just about anything these days. Berian is just a year removed from


Third Circuit rejects presumption of irreparable harm for injunctive relief under Lanham Act
  • Proskauer Rose LLP
  • USA
  • August 28 2014

Following a series of recent appellate decisions across the spectrum of intellectual property disciplines, including the fields of patent, copyright


Supreme Court agrees to hear case on standing in Lanham Act false advertising cases
  • Proskauer Rose LLP
  • USA
  • June 12 2013

On June 3, the U.S. Supreme Court granted the certiorari petition of Lexmark International Inc. ("Lexmark"). Lexmark sought cert to resolve a


How much "competition", if any, is required to establish standing in Lanham Act false advertising casesthe Supreme Court may be interested in resolving the three-way circuit split
  • Proskauer Rose LLP
  • USA
  • March 18 2013

Lanham Act false advertising law is largely consistent among the various Federal Circuit courts. However, one area of Lanham Act jurisprudence where


Coca-Cola gets large attorney fee award in World Cup song dispute
  • Proskauer Rose LLP
  • USA
  • November 29 2011

In our March 2011 edition we reported on the dispute between the Coca-Cola Company and the writer of the Spanish-language version of "Wavin' Flag," Coke's World Cup theme song.


Federal lawsuit alleges infringement of minors' New York right of publicity by Facebook "like" and "friend finder" features
  • Proskauer Rose LLP
  • USA
  • May 19 2011

In what may represent a new wave in an interesting challenge to the viral nature of social media marketing, a recently filed putative class action asserts a right of publicity claim against Facebook in connection with the service's "Like" and "Friend Finder" features.


Disclosure of third-party monitoring in ISP subscriber agreement, privacy policy, deemed consent to interception under ECPA
  • Proskauer Rose LLP
  • USA
  • January 11 2011

Disclosures in an Internet service provider's subscriber agreement and privacy policy concerning third-party monitoring of subscriber Internet activity constituted sufficient notice of and assent to the deployment and use of "deep packet inspection" technology, a district court held.