Article Archive for May 2012
The Supreme Court refuses to consider constitutionality of six-figure statutory damages imposed against an individual consumer in Sony BMG v. Tenenbaum.
In dismissing a suit brought against Random House, Inc. over The Accidental Billionaire, a book chronicling the origins of Facebook and the basis for the Oscar winning The Social Network, the District Court of Massachusetts in Greenspan v. Random House reaffirms the basic principle that facts are not copyrightable subject matter.
The controversial decision handed down in Mayo v. Prometheus may have a substantial effect on the outcome of the rehearing of Molecular Pathology v. Myriad Genetics.
As part of the fight against cigarette smoking and the effects it has on individuals, the Australian government recently passed a plain-packaging law requiring cigarette manufacturers to sell their products in standardized packaging, and preventing them from using their trademark and logos. Cigarette manufacturers are now suing the Government, claiming infringement on their trademarks.
Google now publishes data regarding its compliance with DMCA takedown requests of search results, offering a unique window for looking at Internet activity generally. Regardless of whether this was the intention, the data’s publication can help inform legislators who will inevitably weigh in again on copyright protection on the Internet.
The shape of a chocolate bar can be almost as important in identifying its origin as the flavor of the chocolate. This week, however, the ECJ denied trademark protection to Lindt’s famous chocolate bunny covered in gold foil and wrapped in a red ribbon, finding that the shape lacked distinctiveness.
The Oregon Board of Education recently banned the use of Native American names, logos, and mascots by schools in the state to represent their athletic teams. Could this order reignite the fight to force the Washington Redskins – a team highly scrutinized for its use of Native American-inspired trademarks – to change its name, as well?
Earlier this week, Google came out of Oracle’s patent and copyright infringement lawsuit relatively unscathed. The jury found that Google had not infringed Oracle’s patents in developing its Android software.
Kobe beef is renowned as one of the culinary world’s most valuable delicacies. However, due to American refusal to adhere to certain tenants of international IP law, “kobe” beef in the U.S. is nothing more than a very well marketed scam.
3D Printers have emerged as a way to share and create tangible objects from digital files. However, the law has yet to catch up to such a quickly evolving technology. IP owners have grown concerned that their designs will be infringed upon, with no legal options to protect their rights.