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Home » Archive by Month

Article Archive for January 2012

Grooveshark Sued: Will the Safe Harbor Shield it from Liability?
January 31, 2012 – 3:12 PM | 47622 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2012%2F01%2F31%2Fgrooveshark-sued-will-the-safe-harbor-shield-it-from-liability%2FGrooveshark+Sued%3A+Will+the+Safe+Harbor+Shield+it+from+Liability%3F2012-01-31+20%3A12%3A40Corsica+Smithhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D4762
Grooveshark Sued: Will the Safe Harbor Shield it from Liability?

Grooveshark faces lawsuits from all the major music labels for copyright infringement. Will the “safe harbor” provision of the Digital Millennium Copyright Act protect it from liability or will Grooveshark’s reliance on the provision be its downfall?

Tommy Guns, Bell Helicopters, and Electronic Arts: First Amendment Rights and Nominative Fair Use
January 31, 2012 – 1:00 AM | 4735One Commenthttp%3A%2F%2Fwww.ipbrief.net%2F2012%2F01%2F31%2Ftommy-guns-bell-helicopters-and-electronic-arts-first-amendment-rights-and-nominative-fair-use%2FTommy+Guns%2C+Bell+Helicopters%2C+and+Electronic+Arts%3A++First+Amendment+Rights+and+Nominative+Fair+Use2012-01-31+06%3A00%3A24Jeff+Kettlehttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D4735
Tommy Guns, Bell Helicopters, and Electronic Arts:  First Amendment Rights and Nominative Fair Use

EA attempts to create precedent regarding unlicensed use of trademarks in a video game context with its January 6 declaratory judgment action against Bell Helicopters.

MegaUpload: Application of U.S. Justice to the Internet
January 30, 2012 – 12:15 PM | 4731One Commenthttp%3A%2F%2Fwww.ipbrief.net%2F2012%2F01%2F30%2Fmegaupload-application-of-u-s-justice-to-the-internet%2FMegaUpload%3A+Application+of+U.S.+Justice+to+the+Internet2012-01-30+17%3A15%3A14Greg+Melushttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D4731
MegaUpload: Application of U.S. Justice to the Internet

The arrest of Kim Dotcom in New Zealand demonstrates that the Obama Administration values the contributions of the entertainment industry to the United States economy and is willing to protect those contributions.

Golan v. Holder: Supreme Court Upholds Restoration of Copyright Protection
January 30, 2012 – 10:16 AM | 47255 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2012%2F01%2F30%2Fgolan-v-holder-supreme-court-upholds-restoration-of-copyright-protection%2FGolan+v.+Holder%3A++Supreme+Court+Upholds+Restoration+of+Copyright+Protection+2012-01-30+15%3A16%3A26John+Langloishttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D4725
Golan v. Holder:  Supreme Court Upholds Restoration of Copyright Protection

The Supreme Court recently ruled in Golan v. Holder to uphold section 514 of the Uruguay Round Agreements Act which gives works by foreign authors the same copyright protection available to U.S. works.

Publisher Forced to Give Up Plan to Publish Excerpts from Mein Kampf
January 29, 2012 – 10:38 AM | 4717No Commenthttp%3A%2F%2Fwww.ipbrief.net%2F2012%2F01%2F29%2Fpublisher-forced-to-give-up-plan-to-publish-excerpts-from-mein-kampf%2FPublisher+Forced+to+Give+Up+Plan+to+Publish+Excerpts+from+Mein+Kampf2012-01-29+15%3A38%3A18Chris+McDonoughhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D4717
Publisher Forced to Give Up Plan to Publish Excerpts from Mein Kampf

A British publisher was barred by German courts from publishing a pamphlet that contained excerpts from Hitler’s Mein Kampf

Poland, ACTA, and “Blackmail” Protesting
January 28, 2012 – 3:20 PM | 471318 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2012%2F01%2F28%2Fpoland-acta-and-blackmail-protesting%2FPoland%2C+ACTA%2C+and+%22Blackmail%22+Protesting2012-01-28+20%3A20%3A48Jess+Robinsonhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D4713
Poland, ACTA, and “Blackmail” Protesting

Polish citizens protested this week to their government signing onto ACTA, voicing concerns that the adoption of its provisions would shift so much power to copyright holders that the people’s fundamental rights to digital privacy would be impaired. With the government going forward anyway, what will the protests accomplish?

Anti-Piracy Legislation Undermines Traditional California Alliances
January 28, 2012 – 11:10 AM | 4704One Commenthttp%3A%2F%2Fwww.ipbrief.net%2F2012%2F01%2F28%2Fanti-piracy-legislation-undermines-traditional-california-alliances%2FAnti-Piracy+Legislation+Undermines+Traditional+California+Alliances+2012-01-28+16%3A10%3A39Kate+Collinshttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D4704
Anti-Piracy Legislation Undermines Traditional California Alliances

In a state rife with division, disagreements over how to enforce anti-piracy legislation are separating traditional allies and showing the degree to which money and experience enable influence.

Kodak: An Example of What Not to do With Your Patents.
January 27, 2012 – 8:27 AM | 46975 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2012%2F01%2F27%2Fkodak-an-example-of-what-not-to-do-with-your-patents%2FKodak%3A+An+Example+of+What+Not+to+do+With+Your+Patents.2012-01-27+13%3A27%3A53TJ+Johnsonhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D4697
Kodak: An Example of What Not to do With Your Patents.

Kodak has been buying up patents for a technology that competes with its old film technology in order to keep its dying film market alive. However, its impending bankruptcy most likely means that only the patents it holds can save it.

Facebook & Timelines.com Prepare For Trial with Joint Status Report
January 27, 2012 – 12:01 AM | 4683One Commenthttp%3A%2F%2Fwww.ipbrief.net%2F2012%2F01%2F27%2Ffacebook-timelines-com-prepare-for-trial-with-joint-status-report%2FFacebook+%26+Timelines.com+Prepare+For+Trial+with+Joint+Status+Report2012-01-27+05%3A01%3A17Seth+Dennishttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D4683
Facebook & Timelines.com Prepare For Trial with Joint Status Report

In the march towards litigation, Facebook and Timelines.com have filed a joint status report setting dates for the stages of discovery. However, the companies have left open the possibility of settlement, and suggest it may be facilitated by having a conference with a magistrate judge.

Diddy Sued Over Empress Fragrance Name
January 26, 2012 – 6:20 PM | 46932 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2012%2F01%2F26%2Fdiddy-sued-over-empress-fragrance-name%2FDiddy+Sued+Over+Empress+Fragrance+Name2012-01-26+23%3A20%3A19Sarah+Zuccohttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D4693
Diddy Sued Over Empress Fragrance Name

Empress Hair Care sues Sean “Diddy” Combs’s clothing company for using the same name for its fragrance.

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Copyright »

Piracy, Pornography and Conspiracy: How Judges Are Standing Up to Copyright Trolls

Piracy, Pornography and Conspiracy:  How Judges Are Standing Up to Copyright Trolls

In an attempt to secure large settlements from as many parties as possible, the adult entertainment industry has been joining individuals from the same district who illegally downloaded the same film in a single claim as co-conspirators. This enables them to discover Doe-defendants’ identities and get them to settle rather than be a party in a pornography suit. It worked for a while, but there is a problem, the defendants aren’t co-conspirators.

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Patents »

The Federal Circuit Defers to the Lower Court, Invalidates Social Networking Patent

The Federal Circuit Defers to the Lower Court, Invalidates Social Networking Patent

Yesterday, the Court of Appeals for the Federal Circuit upheld a jury verdict invalidating Leader Technologies, Inc.’s patent on an online networking system. A reversal may have put Facebook in jeopardy.

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Trademark »

Fake Coachella Merchandise Banned at the Festival

Fake Coachella Merchandise Banned at the Festival

This year’s Coachella music festival has its share of intellectual property issues. Attorneys for the festival have recently cracked down on counterfeit goods and asked a federal court judge to issue a preliminary injunction against certain vendors.

More articles »

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