July 2010

July 29, 2010 3:14 PM | Posted by Williams, Nikkya | Permalink

Let’s say you have a website.  And on your website, you allow third-party users to post content, say, their home videos or fan fiction or random comments about whatever it is your website is about.  So one day, you’re sitting around managing your website (like you do) when you get served with court papers; you’ve just been sued for copyright infringement!  But what the copyright owner is suing you for is a copy that one of your third-party users posted to your website, not something that you posted to your website.  Are you left holding the bag or can you get out of this lawsuit?

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July 27, 2010 5:49 PM | Posted by Norcross, Linda | Permalink
You have probably heard these sayings a time or two: “Nice guys finish last.” “The early bird catches the worm.” “He who laughs last, laughs best.” These familiar idioms could all be associated with running a successful ambush marketing campaign. read more
July 21, 2010 5:55 PM | Posted by Bayton, Emily | Permalink
Apple’s slogan - There’s An App for That™ - is catchy and seemingly true.  Apple markets and sells applications for its iPhone product that cover almost anything a consumer could want . . . applications for cooks, students, moms and dads…applications for the outdoors, work, music, managing money, traveling and many more.  In a speech at the 2010 Apple Worldwide Developers Conference, Steve Jobs stated that Apple passed 5 billion total applications downloaded, with over $1 billion paid to application developers - these are staggering numbers.  But with the good, comes the bad... read more
July 16, 2010 2:19 PM | Posted by Brody-Brown, Dana | Permalink

The U.S. Trademark Trial and Appeal Board recently resumed proceedings in a long suspended case, originally filed in 1982. See United Black Fund v. National Black United Fund, Inc., Cancellation No. 92013503. The action was filed by United Black Fund, Inc. seeking to cancel registrations for “BLACK UNITED FUND” and “NATIONAL BLACK UNITED FUND” held by National Black United Fund, Inc. based on the Plaintiff’s assertion of rights in the mark “THE UNITED BLACK FUND”. Both parties are civic organizations serving African-American communities.

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July 13, 2010 12:42 PM | Posted by D'Alessandro, Ken and Hayden, Bruce | Permalink

The United States Supreme Court on June 28, 2010, issued its opinion in Bilski et al. v. Kappos. This case was on appeal from the Federal Circuit which had held that the claims for managing hedging risk in Bilski’s patent application were not statutory subject matter under 35 United States Code(“USC”) §101. Rather, they were deemed to be unpatentable as an abstract idea.

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