Trademark Law Basics, Part 2: Why Conduct A Trademark Search?
This is part two of the CDAS Trademark Law Basics series. If you missed the previous installment, it is available here: Part 1, Why Register a Trademark?, Many small businesses apply to register without advice from an attorney. This is perfectly legal, but can be more costly than you think: the fees and costs associated
When Does Art Constitute Transformative Fair Use? It’s As Easy as “Red” and “White”
The U.S. District Court for the Central District of California granted in part and denied in part a photographer’s Motion for Summary Judgment in Morris v. Young, a case that explored the requirements for establishing an issue of triable fact regarding fair use (and particularly transformative use) of photographs.
Facebook Introduces Graph Search, Privacy Challenges Possible
Facebook recently unveiled “Graph Search,” an innovation designed to help users find and connect their friends by their interests, shared history, and past activity on the social networking platform. The new feature, which will begin beta testing soon, greatly expands the search capabilities of the Facebook platform in a move some commentators speculate may help
What 2013 May Ring In For New Copyright Legislation
2012 was a quiet year for any new copyright legislation that could affect those engaged in the creation, production and distribution of entertainment media. With the elections behind us, this could change in 2013. The Copyright Office has indicated that it is interested in tackling several issues that were identified as office priorities in a
Small Screen, Bigger Picture
On December 27, 2012, the U.S. District Court for the Central District of California issued a preliminary injunction against Aereokiller (formerly known as BarryDriller.com), a service founded by Alki David, someone not unfamiliar with television transmission and the law. Previously, in conjunction with rulings involving a similar technology at issue in WPIX v. ivi in
Kenneth N. Swezey Co-moderates “E-Books: The Sequel – Rights, Wrongs and Realities” at 2012 NYSBA EASL Fall Meeting
Kenneth N. Swezey will co-moderate the panel “E-Books: The Sequel – Rights, Wrongs and Realities” as part of the New York State Bar Association, Entertainment, Arts & Sports Law section’s 2012 Fall Meeting, on Thursday, November 15, 2012 in New York City. The full meeting runs from 3:30pm to 6:45pm, followed by its reception at
Zappos’ Focus on Fashion, and Not on Terms of Use, Leads to Contractual Faux Pas
A recent case brought against the online retailer Zappos demonstrates the importance of thought-out drafting when constructing website policies. While it may be tempting to leave terms of use as an inconspicuous hyperlink rather than put them right up front, the consequences can be that those terms are not enforceable at all.
Copyright Issues for Educational Institutions: Court Issues Long-Awaited Opinion in Georgia State University Copyright Infringement Case
On May 11, 2012, the U.S. District Court for the Northern District of Georgia issued its long-awaited opinion in Cambridge University Press v. Becker, No. 1:08-CV-1425-ODE (N.D. Ga. May 11, 2012) which examined one of the new ways professors and students teach and learn in the digital age. Although the court found the University’s copyright
Google Cleared of Java Copyright Infringement
Google Cleared of Java Copyright Infringement: In First Ruling on Copyrightability of APIs, CA Court Finds That Functional Java API Code Is a “Method of Operation” Not Protected By Copyright Law
Google AdWords: A Tough Sell?
By Daniel J. Klein Google’s AdWords program is no stranger to legal controversy, having been the subject of several trademark infringement lawsuits in the past.