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|Website Owners May Face Liability for Hyperlinks to Defamatory Materials|
David A. Crerar, Michael A. Skene; Borden Ladner Gervais LLP;
October 9, 2009, previously published on September 2009The British Columbia Court of Appeal has just issued an important judgment on the increasingly important issue of Internet defamation: Crookes v. Newton 2009 BCCA 392. The decision is vital to every person and business that publishes material on the Internet or that operates a website.
|ITC to Review Initial Determination in Certain Laser Imageable Lithographic Printing Plates (337-TA-636)|
Barry J. Herman, Lindsay Kile; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
October 1, 2009, previously published on September 25, 2009 On September 24, 2009, the Commission issued a notice determining to review in part ALJ E. James Gildea's July 24, 2009 Initial Determination ("ID") finding a violation of Section 337 by the respondents in Certain Laser Imageable Lithographic Printing Plates (Inv. No. 337-TA-636). In...
|Attorney May Send Unsolicited Informational Messages under TCPA|
Hinshaw & Culbertson LLP;
September 30, 2009, previously published on September 24, 2009 An attorney's unsolicited faxes containing essays related to his area of practice were not prohibited advertisements under the Telephone Consumer Protection Act (TCPA).
|Ninth Circuit Lets Right of Publicity/Parody Case Go to the Trier of Fact|
R. David Jacobs; Epstein Becker & Green, P.C.;
September 25, 2009, previously published on September 2009Celebrity Paris Hilton, whom the U.S. Court of Appeals for the Ninth Circuit has styled as "famous for being famous," sued Hallmark Cards for what Hallmark contended was social commentary on Paris' television show "The Simple Life." The cover of the greeting card at issue in the...
|Closed Captioning Update|
Burt A. Braverman, Maria T. Browne, James W. Tomlinson; Davis Wright Tremaine LLP;
September 22, 2009, previously published on September 21, 2009While the Federal Communications Commission (FCC) already requires that most English-language video programming be closed captioned for the hearing impaired, the FCC earlier this month issued a reminder that Spanish-language programming will also be subject to these requirements as of Jan. 1, 2010,...
|Anton Piller and Preservation of Evidence in Copyright Actions|
Dale Schlosseris; Lang Michener LLP;
September 16, 2009, previously published on September 9, 2009An Anton Piller order has been described as a private search warrant. This reference has been described as "uncomfortable" by the Supreme Court of Canada.
|Court Revives Taster's Choice Lawsuit|
Manatt, Phelps & Phillips, LLP;
September 16, 2009, previously published on September 3, 2009 California's highest court has revived a long-running dispute over Nestlé USA's use of a former model's image on its Taster's Choice instant coffee label.
|Newsday Rejects Ad Criticizing Cablevision|
Manatt, Phelps & Phillips, LLP;
September 16, 2009, previously published on September 3, 2009 Newsday has rejected an ad by the Tennis Channel criticizing the newspaper's parent company, Cablevision, for not carrying the network.
|The Google Book Search Class Action: How Your Copyrights May Be Affected by the Pending Settlement|
Cathy Kiselyak Austin; Drinker Biddle & Reath LLP;
September 8, 2009, previously published on September 2009The Google Book Search litigation and pending settlement has been increasingly in the news as the date of the court's fairness hearing draws near. Friday September 4, 2009, was the deadline for class members to file comments to the settlement (for or against) but this has been extended to 10:00...
|U.S. Trademark Applicants May Now Have More To Prove|
Darren S. Cahr, Kristianne Kossler; Drinker Biddle & Reath LLP;
September 8, 2009, previously published on September 2009Documentary proof of bona fide intent to use a mark is now being required by the Trademark Trial and Appeal Board. In several recent decisions, the TTAB has held that mere statements of intent are not enough to preserve intent to use applications if challenged on this basis. Companies must instead...