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Documents on Intellectual Property, Internet & E-Commerce
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|Can Use of Another’s Trademark in an AdWord Constitute Infringement?|
Heather A. Cameron, Lisel M. Ferguson; Procopio, Cory, Hargreaves & Savitch LLP;
February 26, 2014, previously published on February 2014You have just negotiated a settlement between your client and a trademark infringer. The bad guy has admitted infringement, and you are drafting a settlement agreement when a dispute arises. The bad guy refuses to agree not to purchase AdWords containing your client’s trademark to advertise...
|Liability of Search Engines for Copyright Infringement under Czech Law|
Jan Pfeffer; Kinstellar s.r.o.;
February 24, 2014, previously published on January 2014As internet use grows, with more and more information available, so does the rate of copyright infringement. There are the obvious - and much talked about - cases of piracy in the music or film industry. But fingers are pointed at other practices too, some concerning the automated action of search...
|Winter 2014 Federal Copyright and Trade Secret Legislation Update|
Robert F. Parr, Armand J. (A.J.) Zottola; Venable LLP;
February 24, 2014, previously published on February 2014Several bills under consideration in the 113th Congress would establish or significantly amend certain federal statutes related to the protection, enforcement, and exploitation of trade secrets or copyrights. Some legislation aims to establish a private right of action for trade secret theft under...
|U.S. Congress Ready to Enact Data Security and Breach Notification Rules After Recent Consumer Data Breaches|
Steven G. Gersten, Richard J. Johnson, Mauricio F. Paez, Mina R. Saifi; Jones Day;
February 18, 2014, previously published on February 2014In December 2013, a U.S. national retail store announced that credit and debit card data for more than 40 million consumers may have been compromised. On January 10, it further disclosed that cyber criminals had accessed a wide range of personal information belonging to 70 million people through...
|New Ways to Get Parental Consent to Collect Data from Children Emerging Under COPPA|
Alan L. Friel, Ari Z. Moskowitz; Edwards Wildman Palmer LLP;
February 17, 2014, previously published on February 13, 2014The regulations restricting data collection from children under the federal Children’s Online Privacy Protection Act (“COPPA”) were greatly expanded in July 2013, casting a wider net and making life more difficult for publishers of both children’s sites and apps as well as...
|Speak Now? Sunrise Periods Closing on New gTLDs|
Neil Magnuson, Amy G. Marino; Williams Mullen;
February 12, 2014, previously published on January 31, 2014On January 21, 2014, the Internet Corporation for Assigned Names and Numbers (ICANN) announced that it has “delegated” more than 100 new generic Top Level Domains (gTLDs), or roughly five times the total number of gTLDs in existence just a few months prior. In December 2013, the 30-day...
|Google's Nest Acquisition has Much to Do with Patents|
Emily E. Harris; Davis, Brown, Koehn, Shors & Roberts, P.C.;
January 31, 2014, previously published on January 27, 2014The news of Google’s acquisition of Nest Labs for $3.2 billion cast a spotlight on an ongoing debate in startups: Should they bother to seek patents to protect their inventions or not?
|E-Commerce Software Is On Docket For Supreme Court With Closely-Watched Business Method Patent Case|
Kevin S. Sprecher; Strauss Troy Co. L.P.A.;
January 21, 2014, previously published on January 20, 2014Today, you don’t think twice about clicking a button on Amazon or Priceline to make a purchase, but complex underbelly e-commerce engines drive these systems. These software programs are protected by nuanced business method patents that have come under question.
|PTAB: One-Year Deadline on IPR Petitions Not Always Applicable|
Matthew A. Ambros; Foley & Lardner LLP;
January 13, 2014, previously published on January 8, 2014Defendants in district court litigation are generally aware that a petition for inter partes review (“IPR”) must be filed within the statutory one-year window triggered by service of a complaint for infringement. What is less well known is that not all such complaints will trigger the...
|Court Holds Google's Scanning of Copyrighted Books Is Fair Use|
Cohen Wolf P.C.;
January 2, 2014, previously published on December 27, 2013In Author’s Guild, Inc. v. Google, Inc., the U.S. District Court for the Southern District of New York recently held as a matter of law that Google’s copying and digital reproduction of millions of copyrighted books without authorization is protected by the “fair use”...