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| Visitors Out: 1199 |
| Total Visitors Out: 1199 |
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| Personal Names as Trademarks |
| 2008-06-18 17:40:06 |
A recent federal court decision highlights the difficulties that may arise when a personal name becomes a trademark that identifies a business’s products. In particular, difficult issues can come up after the right to use the name is sold. In......
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| ValueClick agrees to Settle with FTC for $2.9 Million |
| 2008-06-18 17:18:20 |
In a record settlement, ValueClick recently agreed to pay the Federal Trade Commission (“FTC”) $2.9 million to settle claims that ValueClick violated federal law and used deceptive advertising. The FTC alleged that ValueClick failed to protect consumer information and misled......
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| Promptly Register Your Copyrights or Lose |
| 2008-06-18 17:10:29 |
Companies and individuals with copyrighted materials should make certain to register their copyrights with the U.S. Copyright Office as soon as practical after the material has been published. If an application for registration is not made within three months of......
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| Court Awards MySpace 230 Million Dollar Verdict |
| 2008-05-29 17:14:47 |
The judge in MySpace Inc. v. Wallace, et al, CV-07-1929-ABC-AGR (C.D. Cal. May 12, 2008) entered a default judgment against Sanford Wallace and Walter Rines for violations of the CAN-SPAM Act and ordered the defendants to pay MySpace over $230......
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| Trademark Infringement Verdict – Over $300 Million in Damages |
| 2008-05-14 11:18:34 |
Companies concerned about trademark issues should take note of a recent federal court verdict in an infringement case. On May 7, 2008, a jury in Oregon awarded Adidas $305 million in damages for trademark infringement by Payless Shoes, which is......
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| Arbitrators Cannot be Disqualified Based on Voluntary Disclosures |
| 2008-05-14 11:17:58 |
In a case of first impression, the California Court of Appeal has rejected an attempt to disqualify an arbitrator after the arbitrator volunteered information that was not required to be disclosed under the rules and statutes governing arbitration. In Luce,......
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| New Potential Liability for Internet Service Providers |
| 2008-05-14 11:16:20 |
The U.S. District Court in New Hampshire recently issued a written opinion that undoubtedly will give some Internet service providers reason to re-think their policies with regard to some anonymous user accounts. In Doe v. Friendfinder Network, Inc., the plaintiff......
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| District Court Clarifies Exclusive Right to Distribution |
| 2008-05-14 11:15:34 |
An Arizona district judge recently reconsidered its decision to grant summary judgment in favor of a group of recording companies in Atlantic Recording Corporation et al. v. Howell. The record companies accused Mr. and Mrs. Howell of using music-sharing software......
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| Master Service Agreements |
| 2008-05-14 11:12:50 |
The master service agreement for MSP's defines the terms and conditions of the relationship between the MSP and its client related to all managed services and project based work. There are several critical provisions that are necessary to protect the......
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| Perfect 10 Gets Help from Industry Groups in Fight Against Visa |
| 2008-04-30 15:11:24 |
Perfect 10 – the publisher of adult photographs that lost its appeal to hold Google liable for copyright infringement by linking to and displaying thumbnails of unauthorized copies of its copyrighted images – has won the support of the MPAA,......
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| Data Brokers Settle with FTC |
| 2008-04-23 14:32:03 |
Data brokers Reed Elsevier and Seisint have agreed to conduct biennial audits of its data protection procedures for 20 years as part of a settlement with the FTC. Businesses that find themselves under the FTC's scrutiny and choose to settle......
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| What Constitutes a “Copy” of Software Under Copyright Law? |
| 2008-04-03 09:33:03 |
Software auditors almost always try to find ways to maximize the number of allegedly infringing software “copies” at issue in an audit engagement. It is typical for the Business Software Alliance (BSA), the Software & Information Industry Association (SIIA), and......
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| No Punitive Damages Under Federal Copyright Law |
| 2008-04-03 09:30:06 |
Viacom’s well-publicized court fight against YouTube and Google his given Judge Louis Stanton of the U.S. District Court for the Southern District of New York an opportunity – or, perhaps more accurately – a good reason to now repudiate one......
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| Agreement May Not Expand Judicial Review of Arbitration Award |
| 2008-04-03 09:26:32 |
Businesses that are parties to arbitration agreements should review a recent decision by the Supreme Court of the United States where the Court held that parties to an arbitration agreement may not contract for expanded grounds of judicial review. In......
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| Student Loan Company Settles With FTC |
| 2008-03-25 15:05:58 |
The FTC announced on March 4 a settlement with Goal Financial, LLC, a San Diego-based student loan company that allegedly violated information privacy laws. If accepted, the settlement will require Goal Financial to implement a comprehensive information security program and......
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| The Idea-Expression Dichotomy in Copyright Law |
| 2008-03-25 15:04:28 |
It is not possible to copyright an idea. The owner of a small business in Georgia recently received an undoubtedly unwanted lesson in this sometimes-overlooked aspect of copyright law when she saw her suit for copyright infringement dismissed following the......
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| Choosing the Right Microsoft Server Product |
| 2008-03-06 08:57:49 |
Many businesses use Microsoft server products to manage their network, their data, and their e-mail communications. However, businesses often select a Microsoft server product without weighing the advantages and disadvantages of the products' Standard and Enterprise versions. Carefully examining the......
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| HIPAA Audits Will Increase in 2008 |
| 2008-02-27 10:15:01 |
In 2008, the Centers for Medicare & Medicaid Services (CMS) announced that it entered into a contract with a PricewaterhouseCoopers to audit covered entities and ensure compliance with the HIPAA security standards. According to CMS, the initial round of audits......
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| Mitigating Negative Publicity from Software Audits |
| 2008-02-27 10:13:14 |
The Business Software Alliance (BSA) recently announced that it entered into a settlement agreement with a small-to-medium-sized motor sports dealer and equipment supplier in Greenville, South Carolina, regarding the dealer’s alleged use of unlicensed, Adobe and Microsoft software. The BSA......
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| eBay Not Infringing SmartSearch Trademark |
| 2008-02-19 10:17:28 |
In Applied Information Sciences Corp. v. eBay Inc., 511 F.3d 966 (9th Cir. 2007), the Ninth Circuit affirmed a district court decision awarding summary judgment to defendant eBay, Inc. (“eBayâ€) in a trademark infringement action brought by Applied Information Sciences......
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| Middle Earth May Be Safe Harbor for Trademarks |
| 2008-02-19 10:15:44 |
In determining the degree to which a trademark is entitled to protection against infringement, one of the factors that a court will consider is the strength of the mark. In making this determination, a court typically will consider where along......
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