YouTube Stays Safe under DMCA “Safe Harbor”
For the second time in three years, the U.S. District Court for the Southern District of New York determined, in Viacom v. YouTube, that YouTube qualified for and was shielded from copyright infringement liability by the Digital Millennium Copyright Act (“DMCA”).
CDAS Client 10X Management Featured in Bloomberg Businessweek
CDAS Partner Joshua B. Sessler’s client 10X Management is featured in a great story in Bloomberg Businessweek. 10X represents top freelance software programmers, pairing them with Silicon Valley companies, negotiating their salaries, and helping to manage their finances.
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,