Nancy E. Wolff Moderates “What Libraries Can Do Under Copyright” Panel, Part of CSUSA 2013 Mid-Winter Meeting

CDAS partner Nancy E. Wolff will moderate the panel “What Libraries Can Do Under Copyright,” part of the Copyright Society of the U.S.A.’s 2013 Mid-Winter Meeting, on Friday, February 15, 2013, from 9:00am – 10:30am. (The full CSUSA 2013 Mid-Winter meeting will take place from Thursday, February 14 through Saturday, February 16, 2013, at the Omni Austin Downtown Hotel in Austin, Texas). Continue reading

Eleanor M. Lackman Moderates Panel “Look Before You Tweet (or Post, or Pin)” Tues 1/22/13

CDAS partner Eleanor M. Lackman will moderate the Copyright Society of the U.S.A. New York Chapter panel “Look Before You Tweet (or Post, or Pin): Copyright Enforcement (or not) in Social Media” on Tuesday, January 22, 2013, from 12:30 p.m. – 2:00 p.m. Please click here to register (CLE credit is available). Continue reading

Small Screen, Bigger Picture

California Federal Judge Issues Circuit-Wide Injunction Against Broadcast Television Retransmitter; Rejects Aereokiller’s Reliance on Second Circuit Cablevision and Aereo Cases

On December 27, 2012, the U.S. District Court for the Central District of California issued a preliminary injunction against Aereokiller (formerly known as, 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 New York, David’s prior television-over-the-Internet service known as FilmOn had been enjoined for making unauthorized public performances in violation of television networks’ copyright rights under Section 106(4) of the Copyright Act. This time around, David’s Aereokiller service was set up to create unique copies of broadcast television streams, one per user, so that the transmission of those streams would be a private – not public – performance to that particular user. Continue reading

The Role of DOJ’s Appellate Staffs in the Supreme Court and in the courts of appeals

CDAS partner Al J. Daniel, Jr. served on the Appellate Staff, Civil Division, United States Department of Justice in Washington, D.C. for a decade before moving to New York City. His litigation practice since then continues to include appellate work in courts of appeals and the Supreme Court. In his new article on SCOTUSblog, Mr. Daniel examines the role of DOJ’s Appellate Staffs in the federal government’s litigation in courts of appeals and in assisting the Solicitor General’s Office in Supreme Court litigation, including preparation of petitions for certiorari and merits and amicus briefs. Please click here to read Mr. Daniel’s article on SCOTUSblog.

Court Finds That Use Of Registered Trademark to Identify Public Domain Cartoon Character is Not Infringement

Holding Could Have Impact on Trademark Enforcement of Famous Character Names and Logos

In the latest phase of a long litigation, the U.S. District Court for the Central District of California, following a remand from an amended Ninth Circuit opinion, held that a company that claimed to have acquired the intellectual property rights in the cartoon character “Betty Boop” could not maintain a claim for trademark infringement against a manufacturer of merchandise that includes or incorporates elements from vintage Betty Boop movie posters. In Fleischer Studios Inc. v. A.V.E.L.A. Inc., the defendant had argued that because the posters were in the public domain, using the trademark BETTY BOOP to describe the content of the posters was not a trademark use, but rather a use that was either an “aesthetically functional” use or a fair use. On remand, the court agreed. Continue reading

Eleanor M. Lackman Joins “IP Licensing Issues” Panel at PLI

Eleanor M. Lackman joins the “IP Licensing Issues” panel, part of Practising Law Institute’s IP Issues in Business Transactions 2013 program. The program runs for two full days, Thursday, January 3 and Friday, January 4, 2013, beginning at 9:00am, in New York City. Ms. Lackman’s panel, “IP Licensing Issues,” is on Thursday, January 3 at 2:15pm. Continue reading

Eleanor M. Lackman Joins 2012 Copyright & Technology Conference Panel

Eleanor M. Lackman joins the panel TV or Not TV: Legal Challenges for Internet Video Services,” part of the day-long 2012 Copyright and Technology Conference – the conference examines the latest developments in copyright and content security – on Wednesday, December 5, 2012 at the Manhattan Penthouse, 80 Fifth Avenue, New York, NY. “TV or not TV” is the third of three panels and runs from 3:30pm to 4:45pm. Continue reading

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 The Cornell Club on 6 East 44th Street. (“E-Books: The Sequel” is Panel 2 which begins at 5:15 PM till 6:45 PM). Continue reading

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. Continue reading

“Born to Rock” Trademark Lawsuit Plays On Against

The popular online marketplace (“CafePress”) is known for allowing users to upload graphic designs to its website, which then allows users to choose that design or others and have CafePress print it on a wide array of merchandise, including t-shirts, mugs, stickers, buttons, iPhone cases and Halloween accessories. The case discussed here looks at what happens when the graphic design chosen happens to be someone else’s intellectual property. Continue reading

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