Category Archives: Intellectual Property

Copyright Fee Awards Clarified

Today, the Supreme Court issued a unanimous opinion addressing the standards for awards of attorneys’ fees under the Copyright Act. The case, Kirtsaeng v. John Wiley & Sons, Inc., was before the Supreme Court for the second time.  The first … Continue reading

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Let’s [Not] Go Crazy: Copyright Holders Should Pause Before Sending Takedown Notices

It is common for copyright holders to send Digital Millennium Copyright Act (“DMCA”) takedown notices to websites to remove material that they believe to be infringing. But few are aware that overly aggressive policing can expose them to liability (including … Continue reading

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Court: First Amendment Unleashes “Raging Bitch” Beer

Following a recent decision from the Sixth Circuit Court of Appeals, the craft brewery Flying Dog will be able to pursue First Amendment claims against the state liquor commissioners who barred it from selling its “Raging Bitch” Belgian Style IPA … Continue reading

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Court: Biting Criticism of Dentist was Fair Use

A federal court in New York rejected a dentist’s attempt to take the teeth out of her patients’ Yelp reviews by requiring them to sign contracts prospectively assigning her the copyrights to any future social media postings about her services. … Continue reading

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Faculty Bloggers Sue University: Will the Real “Cyberbully” Please Stand Up?

Two professors who contribute to a blog called CSU Faculty Voice sued Chicago State University officials over CSU’s “Cyberbullying Policy,” which prohibits electronic communications that have an “adverse impact on the work environment of a CSU faculty member or employee.” … Continue reading

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Google Maps Case Raises Section 230 Questions

Some courts have begun to question whether Congress could have anticipated the current scope of the Internet in 1996, when it immunized websites from liability for third party content regardless of whether the site makes any effort to monitor the … Continue reading

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Court Rejects Porn Troll; Jury Still out on Troll Porn

A federal appellate court rebuffed an attempt by a “porno-trolling collective” to obtain identifying information regarding hundreds of individuals who may have downloaded copyrighted adult films. The plaintiff purchases copyrights in pornographic films and then issues subpoenas to internet service … Continue reading

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“Parody” Websites Transferred in NAF Arbitration

A National Arbitration Forum arbitration panel ordered the “chicagasuntimes.com” domain name transferred to Sun-Times Media despite the registrant’s “parody” defense. See Sun-Times Media IP, LLC v. WUITAS, Inc. d/b/a ABILICOM / Manager Domain, FA 1525208 (Nat. Arb. Forum Nov. 24, … Continue reading

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Music Publisher Seeks Removal of Campaign Ads

Music publisher BMG Rights Management has reportedly filed a notice under the Digital Millennium Copyright Act (DMCA) leading YouTube to remove video of a Mitt Romney campaign ad featuring President Obama’s rendition of Al Green’s “Let’s Stay Together”.  BMG is … Continue reading

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Judge: No Privilege for Tech Blogger

A Chicago judge ruled that a technology blogger was not protected by the Illinois reporters’ privilege law and must disclose the anonymous source of allegedly confidential photos he published of an unreleased smartphone. Judge Panter held that the website, TechnoBuffalo, … Continue reading

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AP Launches Online News Licensing Venture

The Associated Press and other news organizations are launching a new ASCAP-like venture called NewsRight intended to give aggregators a one-stop-shop to acquire licenses to the members’ news content, according to a report by Poynter. Though NewsRight may be convenient … Continue reading

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Court Dismisses Rabbi’s Case Against Kimmel

The “Flying Rabbi’s” menorah may lose some of its shine now that a judge has dismissed his misappropriation complaint against late night talk show host Jimmy Kimmel and ABC. Daniel Sondik’s complaint alleged that Kimmel spliced YouTube clips of Sondik … Continue reading

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Colleges, Businesses Buy .XXX Domains to Block Pornographers

Colleges are scrambling to buy up domain names ending with the new .XXX suffix before pornographers get the chance, according to a report in The Week.  The University of Kansas, for instance, purchased the domains KUgirls.xxx and KUnurses.xxx, while Indiana … Continue reading

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Keeping Your Trademarks PG

FVLD Member Glenn Rice discusses the new .XXX domain for pornographic websites and what businesses can do to prevent their trademarks from showing up in the Internet’s new “red light district” in FVLD’s October Legal Update.  While the company responsible … Continue reading

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Facebook Delays Timeline Rollout after Lawsuit

A Chicago-based company has sued Facebook claiming that the recently announced “Timeline” feature infringes its intellectual property.  A judge reportedly declined Friday to grant an emergency order blocking Facebook from proceeding with the feature after Facebook promised not to launch … Continue reading

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