Archives: Intellectual Property

Subscribe to Intellectual Property RSS Feed

German Parliament (Deutscher Bundestag) releases operators of Wi-Fi networks from liability for copyright infringements committed by the Wi-Fi network users (so-called Störerhaftung)

On 2 June, the German Parliament (Deutscher Bundestag) passed a bill (2. Gesetz zur Änderung des Telemediengesetzes – 2nd Amending Law to the Federal Telemedia Act; “New Law”). The New Law limits the scope of potential liability for transmitting information for all professional and non-professional operators of Wi-Fi networks. In particular, operators of Wi-Fi networks … Continue Reading

German Federal Constitutional Court: Use of short “samples” in music titles does not qualify as infringement of exploitation rights of phonogram producers

On 31 May 2016, the German Federal Constitutional Court (Bundesverfassungsgericht – “BVerfG”) issued a judgment in favor of a Hip-Hop artist (“Artist”) who had used a 2-second-sample of Kraftwerk’s song “Metall auf Metall” (the “Judgment”). The BVerfG held that the use of samples for artistic purposes is protected by the artistic freedom and, at the … Continue Reading

First Round of Defend Trade Secrets Act Complaints Alleging Misappropriation Activity Both Before and After DTSA’s Enactment: Will They Stick?

Following President Obama’s signing of the federal Defend Trade Secrets Act (“DTSA” or the “Act”) into law last week, parties are beginning to file lawsuits asserting claims under the DTSA. As widely reported, before the DTSA’s enactment, civil trade secret legislation was solely a creature of state law.  Consequently, absent another basis for federal jurisdiction, parties … Continue Reading

German Federal Supreme Court confirms its previous positions on liability for copyright infringements within file sharing networks | At the same time, the German Federal Government announces to release professional Wi-Fi network operators from liability

On 12 May 2016, the German Federal Supreme Court (“FSC”; Bundesgerichtshof – BGH) made several judgments, confirming and developing its settled case law on the liability of a subscriber of an internet connection (“Subscriber”) for copyright infringements made by third persons (see the FSC’s press release of 12 May 2016). The full judgments are not yet … Continue Reading

EU Trade Mark Regulation (EU) 2015/2424 in force

On 23 March 2016, European Union Trade Mark Regulation (EU) 2015/2424 came into force. The new Regulation amends Community Trade Mark Regulation 207/2009/EC, and makes a number of procedural and substantive changes to EU trade mark law. Most of the new Regulation’s provisions are effective immediately, with the remainder scheduled to come into force in … Continue Reading

Update: Federal Circuit Declines to Reconsider ITC Jurisdiction over Electronic Transmissions of Digital Data

The scope of the United States International Trade Commission’s ability to prevent infringement from abroad may have just been significantly reduced. On March 31, 2016, the Federal Circuit Court of Appeals issued an order denying petitions by the International Trade Commission (“ITC”) and Align Technology, Inc. seeking a rehearing en banc of the Federal Circuit’s … Continue Reading

Don’t Forget About Your Affiliates and Customers as Technology License End Users

Your business may license many different types of software and technology in the ordinary course. These licenses range from software installed on your internal network to use-rights in software-as-a-services (SaaS) models, where the programs reside on the vendor’s host systems and are accessed via the Internet (or in some other manner). In each case, you are … Continue Reading

Federal Circuit Rejects Disparaging Trademarks’ Ban on First Amendment Grounds

A December ruling by the Federal Circuit emphasized the value of commercial speech through trademark registration, and the case may have implications for the Washington Redskins. The NFL team’s Super Bowl dreams may be over, but the intellectual property battle over their name is still alive. In a move that is likely to affect the … Continue Reading

Full steam ahead for the EU’s new Trade Mark Directive

On 15 January 2016, Europe’s new Trade Mark Directive (2015/2436) will come into force, with the aim of harmonising trade mark laws across the EU. The news follows the publication of the new Directive in the Official Journal 23 December 2015. The new Directive replaces the previous Directive (2008/95/EC), with effect from January 2019. Member States … Continue Reading

Consumer Review Freedom Act of 2015 Wins Support of Every Senator

There isn’t much that all members of the U.S. Senate can agree on these days, but protecting the ability of consumers to write reviews of businesses has emerged as a uniting issue. The Senate voted unanimously December 14 to approve the Consumer Review Freedom Act, which outlaws contract provisions that prohibit or restrict individuals’ ability … Continue Reading

In a First, E.D. Tex. Finds Plaintiff’s Massive Litigation Campaign Asserting Patent Invalid Under Alice ‘Exceptional,’ and Awards Defendants Attorneys’ Fees

On December 17, 2015, Judge Rodney Gilstrap of the Eastern District of Texas awarded attorneys’ fees under 35 U.S.C. section 285 to defendants in a set of consolidated patent lawsuits initiated by eDekka LLC. 12/17 Order at 1. A prolific patent assertion entity, eDekka filed more than 200 lawsuits in 2014 and 2015 in the Eastern … Continue Reading

Federal Circuit’s ClearCorrect ruling impacts ITC ability to police 3D printing and other disputes involving digital data transmission

The ITC does not have jurisdiction over digital data transmitted into the United States from abroad, according to a recent Federal Circuit ruling related to 3D printing. On November 10, 2015, in a decision that could have a significant impact on the 3D printing and other industries, the Federal Circuit held in ClearCorrect Operating LLC … Continue Reading

Second Circuit Holds That the Google Digital Books Project Is Protected Under the Fair Use Doctrine

On October 16, the Second Circuit ruled that Google’s scanning of millions of books without the copyright holders’ permission, for use in its “Google Books” database, is permissible under the fair use doctrine. Google Books enables members of the public to search for terms within these books and view snippets of machine-readable text containing their search … Continue Reading

Ninth Circuit Holds Fair Use Must Be Considered Prior to Issuing Takedown

In the so-called “dancing baby” case, the Ninth Circuit ruled recently that copyright owners must consider the fair use doctrine before sending Digital Millennium Copyright Act (“DMCA”) takedown notifications to online service providers, such as YouTube.  If copyright owners fail to do so, they risk incurring penalties under DMCA section 512(f). In 2007, Universal Music … Continue Reading

Navigating Intellectual Property Ramifications of 3D Printing

3D printing technology is rapidly evolving and has the potential to significantly change the way that medical devices are used in patient treatment.  As the potential benefits and use of 3D printing of medical devices increases, so do the IP implications and ramifications associated with its use.  Current IP laws pre-date the use of 3D … Continue Reading

Defend Trade Secrets Act of 2015 May Open Door to Employers Wishing to Pursue Trade Secret Claims in Federal Court

For years, employers have sought access to federal courts for trade secret misappropriation claims against departing employees who have taken the employer’s proprietary information to use in a new venture or for a new employer. Absent diversity, employers’ options to secure federal jurisdiction were limited, however. In the 2000s, employers began including claims under the … Continue Reading

Ninth Circuit Considers Liability for Takedown of “Fair Use” Content in “Dancing Baby” case

On July 7, a Ninth Circuit panel heard oral argument regarding whether copyright owners abuse the Digital Millennium Copyright Act (“DMCA”) when they utilize the statute’s Notice and Takedown procedures to request the Takedown of material that constitutes a “fair use” of copyrighted material. In 2007, Universal Music Group sent a Takedown Notice to YouTube … Continue Reading

Supreme Court Upholds 50-year Ban on Patent Royalties After Patent Term Expiration in Kimble v. Marvel Entertainment, LLC, No. 13-720 (U.S. June 22, 2015)

This week, the Supreme Court reaffirmed its 50-year ban on patent royalties after a patent term expires. Kimble v. Marvel Entertainment, LLC, No. 13-720 (U.S. June 22, 2015). Justice Kagan authored the opinion (filled with colorful superhero references), joined by Justices Scalia, Kennedy, Ginsburg, Breyer and Sotomayor. Justice Alito penned the dissent, joined by Justices … Continue Reading

Judge Gilstrap Announces New Procedure For ‘Alice’ Motions in Patent Cases

Eastern District of Texas District Judge Rodney Gilstrap, who has the busiest patent docket in the United States, recently announced a new model procedure for handling the onslaught of so-called “101” or “Alice” motions. “Alice” refers to the United States Supreme Court’s June 2014 decision in Alice Corp. Pty. Ltd. v. CLS Bank Int’l, 134 … Continue Reading

Update on State Attorneys General: Connecticut Creates a Permanent Privacy Department; NAAG Covers Big Data, Cybersecurity, and Cloud Computing; and States Amend Breach Laws

The federal government may be pushing a cybersecurity and data privacy agenda, but that doesn’t mean that the states are taking a back seat. The state attorneys general are maintaining their focus on issues relating to privacy and data security and expanding the scope of that focus to address the ever-evolving nature of those issues. … Continue Reading

The Future of the Internet: New gTLDs have arrived

This post was written by Gregory S. Shatan. The number of Top Level Domains (such as .com, .net, .eu, etc.) are expanding exponentially. On October 31st, the first of the new gLTDs opened registration for a trademark “Sunrise,” which allows trademark owners to register domains matching their trademarks. The first English language new gLTDs will … Continue Reading

The Dish from Durban on Day Five at ICANN 47

On AdLaw By Request, partner Greg Shatan tells of his experiences in Durban while attending ICANN 47. During a jam packed Day 5, Greg reports back on the happenings at the Contractual Compliance Update, the IGO/INGO meeting, and the much-anticipated Generic Names Supporting Organization Council Meeting, as well as key developments related to ICANN’s Trademark … Continue Reading

German Court ‘Un-Friends’ Facebook: Ruling on Friend Finder, User’s IP Rights and Data Use Policy

On March 6, 2012, the Regional Court of Berlin issued a ruling on a case initiated by the Verbraucherzentrale Bundesverband, the Federation of German Consumer Organisations, against Facebook Ireland Limited. The court took this rare opportunity to object to several key features of Facebook’s user experience and actions: The court criticized that users are not … Continue Reading
LexBlog