Owner: Business and Technology Law URL:http://blawg.scottandscottllp.com/businessandtechnologylaw/ Join Date: Tue, 22 Jan 2008 17:11:07 -0600 Rating:0 Site Description: This intellectual property blog is dedicated to software audits, network security and privacy, and trademark and copyright protection and prosecution. Site statistics:Click here
Trademark Guide: Domain Names and Infringing Use on the Internet 2008-03-06 08:59:09 eBay recently entered into a stipulated final judgment with the operator of another Internet
auction site that, as alleged by eBay, committed trademark infringement, dilution, false designation of origin and unfair competition through its use of a confusingly similar domain... Read more:Trademark
, Guide
, Names
, Domain Names
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... Read more:Right
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...
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... Read more:Negative
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. (“eBay”) in a trademark infringement action brought by Applied Information Sciences... Read more:Trademark
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... Read more:Earth
, Harbor
Derivative Suits Available to LLC Members in New York 2008-02-19 10:13:02 New York practitioners should review a recent decision by a sharply divided Court of Appeals establishing that members of limited liability companies may bring derivative suits on behalf of their LLCs. The majority of the court reached this conclusion even... Read more:Suits
, Members
, New York
Trademark Guide: What is an “Incontestable” Trademark? 2008-02-19 10:08:01 Once a business has successfully registered a trademark, that mark must also be managed and maintained. One of the best ways to protect a valuable mark is to have it declared incontestable by the USPTO. After a mark has been... Read more:Trademark
, Guide
Expedited Trial in Silicon Image vs. Analogix Matter 2008-02-13 10:40:24 In 2007, SiliconImage
filed a lawsuit against Analogix alleging, inter alia, that Analogix infringed Silicon Image’s copyright when it purportedly gained unlawful access to Silicon Image’s semiconductor software. Silicon Image also claimed that Analogix misappropriated Silicon Image’s proprietary register... Read more:Trial
Rock Band The Romantics Denied Injunction 2008-02-13 10:38:52 The rock band The Romantics
filed a lawsuit on November 20, 2007 against the producers of the video game Guitar Hero alleging, among other claims, violation of right of publicity, and moved for preliminary injunction preventing the manufacture, distribution, sale,... Read more:Injunction
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... Read more:Student
, Student Loan
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...
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... Read more:Software
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... Read more:Federal
Business Software Alliance Member List Grows 2008-04-03 09:28:33 The BusinessSoftwareAlliance
(“BSA”), a trade association representing a number of software manufacturers, routinely updates its published member list list of members on its website. Staying current on the BSA's list of active members is important because the list... Read more:Member
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... Read more:Agreement
, Expand
, Judicial
, Award
Copyright Guide: Register Promptly or Lose Valuable Remedies 2008-04-03 09:24:23 A federal court has issued a reminder to business owners trying to protect their intellectual property – register your copyrights as soon as possible or lose access to the most effective remedies for fighting copyright infringement. A plaintiff suing for... Read more:Guide
, Register
, Remedies
California adopts “Sophisticated User” Doctrine for Products Liability 2008-04-23 14:33:27 The California
Supreme Court has given additional protections to manufacturers faced with products liability suits. Following the lead of other state and federal courts, California courts will now apply the “sophisticated user” doctrine. Under this doctrine, a manufacturer cannot be... Read more:Products
, Liability
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... Read more:Brokers
, Settle
Record Companies Ordered to Pay Attorney's Fees 2008-04-30 15:12:21 The District Court of Oregon recently ordered a group of record companies to pay an accused file-sharer's attorneys’ fees in the amount of $300,000 for defending her suit over a two-year period. Plaintiffs Atlantic Record
ing Corp., Priority Records LLC, Capitol... Read more:Companies
, Attorney
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,... Read more:Perfect
, Groups
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