Southern District Not Buying Digital Music Marketplace
Founding executive editor of Wired Magazine Kevin Kelly once observed that, at its core, the Internet is the world’s largest copying machine and that the digital economy has been built on a stream of copies. Unfortunately for the hopes of digital music reseller ReDigi, Judge Sullivan of New York’s Southern District agreed, granting Capitol Records’
Ora TV Buys Stick Figure Productions
Ora TV, the digital network backed by Carlos Slim, today announced that it has purchased CDAS client Stick Figure Productions, a specialist in documentaries and unscripted television production. Stick Figure, represented by CDAS partner Frederick P. Bimbler, has produced over 250 hours of television for more than 40 networks including: “American Gypsies,” “Repossessed” and “Amish: Out
WNET v. Aereo: Split Appellate Panel Rules That “Remote-Storage DVR” Decision Insulates Provider of Internet Streaming from Liability
On April 1, 2013, the U.S. Court of Appeals for the Second Circuit handed down a 2-1 decision affirming a lower court’s ruling that a broadcast television retransmission system was unlikely to be liable for copyright infringement due to the Second Circuit’s holding in Cartoon Network LP, LLLP v. CSC Holdings, Inc., 536 F.3d 121
Associated Press v. Meltwater: Associated Press Scores Significant Copyright Victory
The Associated Press scored a significant victory this past week in a case indicating that the scales may be beginning to tip in favor of content owners in the battle over online copyright infringement. In Associated Press v. Meltwater, the United States District Court for the Southern District of New York granted plaintiff The Associated
FTC Issues New Guideline Report for Online and Mobile Advertising Disclaimers
The Federal Trade Commission (“FTC”) issued new guidelines this week for media outlets, advertisers, brands, celebrity brand spokespeople and other parties advertising products online. The report, titled “.com Disclosures: How to Make Effective Disclosures in Digital Advertising,” builds upon the FTC’s previous report on digital marketing practices, issued in 2000. In addition to emphatically clarifying
Apple Inc. v. Superior Court of Los Angeles ex rel Krescent: California Struggles with the Digital Transition
In Apple v. Superior Court of Los Angeles ex rel Krescent, the Supreme Court of California examined whether online transactions fall within the scope of a 1971 credit card act that prevents retailers in California from requesting personal identification information. An important milestone in what is likely to be an extended wave of decisions in
DC Comics v. Towle: Batmobile Case Outlines “Objects as Characters”
In DC Comics v. Towle, 2013 WL 541430, __ F. Supp. 2d __ (C.D. Cal. Feb. 7, 2013) (“Towle”), the U.S. District Court for the Central District of California found that a vendor of car kits and customization accessories modeled after the famous Batmobile vehicle from the Batman comics, TV shows and movies infringed on
Trademark Law Basics, Part 4: How Do I Choose a Trademark?
This is part four of the CDAS Trademark Law Basics series. If you missed the previous installments, they are available at the following links: Part 1, Why Register a Trademark?, Part 2: Why Conduct a Trademark Search?, and Part 3: What to Expect During the Trademark Prosecution Process. A trademark can be a word, logo,
Trademark Law Basics, Part 3: What To Expect During The Trademark Prosecution Process
This is part three of the CDAS Trademark Law Basics series. If you missed the previous installments, they are available at the following links: Part 1, Why Register a Trademark?, and Part 2: Why Conduct a Trademark Search? The process of trademark prosecution involves you and your trademark attorney filing an application with the United
Amazon Defeats Apple’s False Advertising Claim in “App Store” Lawsuit
On January 2, 2013, the United States District Court for the Northern District of California rejected Apple, Inc.’s claim that Amazon.com, Inc.’s decision to name its marketplace for selling applications (“apps”) the “Amazon Appstore” was false advertising. The decision constituted a significant win for Amazon in its long-running dispute with Apple over Amazon’s right to