News

In April 2012, the Federal Trade Commission issued its report entitled “Protecting Consumer Privacy in an Era of Rapid Change.”  You can read that here, or saved locally here. The Report, while a comprehensive review of hundreds of undoubtedly conflicting filings by the various extreme factions on privacy issues, ultimately just boils down to the…

Read More

Not so fast, says the 4th Circuit.  Many lawyers and bloggers had assumed Google would win its case in which Rosetta Stone alleged that Google was contributing to the infringement of Rosetta Stone’s trademarks . . . but Google mostly lost on appeal. The Rosetta Stone case involves use of “adwords” – Google adwords are…

Read More

A question often arises – does an owner of an intellectual property right have the duty to enforce it?  While the answer is no, the failure to do so in the face of known infringement can damage and limit the ability to enforce the right in the future.  This legal doctrine – laches – borrows…

Read More

In The Hebrew University of Jerusalem V. General Motors, LLC, CV10-03790 AHM (JCx) (U.S. D. Ca March 16, 2012) the court refused to grant summary judgment on a claim that GM’s otherwise licensed use of an image of Albert Einstein violated the rights holder’s post mortem publicity right. The decision is linked here.

Read More

BitTorrent is a peer to peer file sharing protocol that allows its members to share pieces of a file simultaneously such that each user can access and view the entire file without downloading it completely. It was designed to facilitate the sharing of large files and minimize the demand on an individual server. A seed…

Read More

FAIR USE FIASCO – BE CAREFUL USING *ANY* IMAGE ONLINE by Mike Oliver The internet is littered with millions of images – taken by professional and amateur photographers alike, that contain NO identification of the author of the image. In part, this may be because it is not known, and in part it could be…

Read More

Dilemma: You find out that a company has copied an article that you created from your website, and it is using it on its website as if it had written the article itself. You want to stop them from using your article but you do not have a copyright registration for anything on your website.…

Read More

You have finally finished your manuscript and are looking to close your publishing deal. The next, critical step is to retain counsel to provide legal advice on any publishing agreement. Publishing companies, in general, will use a form agreement in negotiations with an author. Keep in mind, however, that form agreements are usually drafted by…

Read More