Online Global Week in Review 3 July 09 from IP Think Tank
(IP Thinktank)... United Kingdom Government publishes information about implementation of 'Digital Britain' report (1709 Copyright Blog) 'Digital Britain': blueprint for the future? (Laurence Kaye on Digital Media Law) ... US content owners: Jammie Thomas case and Usenet.com case (1709 Copyright Blog) US Circuit Court of Appeals rules that Turnitin's fight against ... trade mark infringement lawsuit against Las Vegas real estate agent Cristine Rosa Lefkowitz and her corporation C Rosa Inc (Las Vegas Trademark Attorney) ...
July 3, 2009 05:57 am
“My fiancée got me fired”: The evolution of retaliation claims
(New York Public Personnel Law)... evolution of retaliation claims* Source: Posted on the Internet in CCH Workday at [cch-workday.blogspot.com] . Reproduced with permission. Copyright© CCH 2009, All rights reserved. "With the Sixth Circuit's recent pro-employer ruling on associational ... of Title VII's anti-retaliation provision includes associational discrimination claims. Of note, the employee's attorney indicated that he is considering filing a cert petition. "In the meantime, a little retaliation-prevention training couldn't hurt ...
July 3, 2009 04:00 am
Copyright a Logo by Shannon Moore
(COPYRIGHT LAW and COPYRIGHT INFORMATION)... ." What does this mean exactly? Each logo or design is going to vary from the next in regard to being eligible for copyright protection, of course, but the key to understanding is learning what is meant by "sufficient authorship." Logos or designs that fall ... . Since 1992, TradeMark Express has met the needs of their clients with comprehensive research, application preparation, attorney referrals and trademark consultation. For further details, please visit us on the web at TradeMark Express or ...
July 3, 2009 03:34 am
Holding Caulfield
(Likelihood of Confusion)I could have linked to a million stories on this, but Publishers Weekly seems appropriate: Finding that author J.D. Salinger is "likely to succeed on the merits of its copyright case," a federal judge granted a preliminary injunction late on Wednesday afternoon, barring the publication of what Salinger's attorneys called an unauthorized sequel to The Catcher in [...]
July 2, 2009 05:23 pm
Hearing delayed on Jackson’s kids at mom’s request
(LawInfo Weblog)... Rowe and Katherine Jackson were not accompanied by any petition for custody by Rowe. The hearing had been scheduled for Monday. Records show attorneys for both sides asked for the hearing to be delayed until July 13. Another hearing scheduled for Monday on who will take temporary ... in Los Angeles; John Rogers in Los Olivos; Michele Salcedo in Washington; Shawn Pogatchnik in London; and AP Entertainment Writer Erin Carlson in New York contributed to this story. Copyright 2009 The Associated Press.
July 2, 2009 03:25 pm
Hawaii judge halts furloughs
(LawInfo Weblog)... rights. The monthly furloughs were to start this month. Three state employee unions said the plan would cut the salaries of more than 15,000 employees by about 14 percent. Attorney General Mark Bennett told the court that Lingle has the right to furlough employees to relieve the state's more than $730 million budget deficit over the next two years. Copyright 2009 The Associated Press.
July 2, 2009 03:24 pm
Recording Industry Victory in Usenet File Sharing Case
(IPWatchdog.com | Patent Copyright Trademark)... ) The case, filed back in 2007, pitted the record companies against Usenet, with the recording [...] Related posts: RIAA Attorney Appointed to Top DOJ PositionWhat is going on with the Recording Industry Association of America (RIAA)? After many years of wag The RIAA Ends Music Download WarYesterday the Wall Street Journal reported that the Recording Industry Association of America (RIAA) Copyright Law and Your Creative MuseSo, your creative muse is singing away but is her voice silenced as ...
July 2, 2009 12:34 pm
3 Count: Apealed!
(PlagiarismToday)... a quote, Thomas has an uphill battle on this front as no Federal court has done what she and her attorneys are asking it to do. After the first trial, there are reports she received an offer to settle the case for about $ ... passages, in any talk, video or audio presentation he gave. This highlights the issue with teaching music copyright to up and coming attorneys outside of the courtroom and classroom. It raises a slew of questions about how to educate attorneys and laypeople about these issues ...
July 2, 2009 08:45 am
p2pnet reports that Thomas-Rasset is going to file appeal
(Recording Industry vs The People)According to this report in p2pnet.net, the attorneys for Jammie Thomas-Rasset have indicated that they are planning to file an appeal in Capitol Records v. Thomas-Rasset. -->*-->* Document published online at Internet Law & Regulation-->Commentary & discussion: []-->--> -->--> Keywords: lawyer digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label ...
July 2, 2009 06:10 am
Order in Capitol Records v. Thomas-Rasset allows attorneys to contact jurors
(Recording Industry vs The People)In Capitol Records v. Thomas-Rasset, the court has entered an order allowing the attorneys in the case to contact the jurors. Order allowing attorneys to contact jurors *-->* Document published online at Internet Law & Regulation-->Commentary & discussion: []-->--> -->--> Keywords: lawyer digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label ...
July 2, 2009 06:06 am
Royalties and trusts
(Trademark, Copyright, and Entertainment Law Forum)... of "Takeshi's Castle" and an American production company.) The similarities are such that the makers of "Takeshi's Castle" had filed a copyright infringement lawsuit against ABC and the makers of "Wipeout." There is precedent for winning an infringement claim when there are ... of recent developments in these areas of law. The forum is not a space for legal advice. Please seek the help and counsel of an attorney for your legal needs. Visit the Law Firm of Anthony Verna - www.nyctrademarks.com.
July 2, 2009 12:35 am
... clearly the case with cell phone ringtones. If phone users are not infringing copyright law, then mobile phone service providers are not contributing to any infringement. "This is an outlandish argument from ASCAP," said EFF Senior Intellectual Property Attorney Fred von Lohmann. "Are the millions of people who have bought ringtones breaking the law if they forget to silence their phones in a restaurant? Under ...
July 2, 2009 12:32 am
Precedential No. 26: TTAB Affirms Descriptiveness Refusal of "BATTLECAM" for Computer Game Software
(The TTABlog)... Games, Inc., Serial No. 78806413 (June 19, 2009) [precedential]. Click on picture for larger image Identification of goods: Examining Attorney Khanh M. Le contended that "computer game software" is an inaccurate identification because the specimen of use (above) shows the ... If Applicant was offering only the code for a particular feature, then "software for a computer game feature" seems appropriate. As a practical matter, however, what difference would it make? Text Copyright John L. Welch 2009.
July 1, 2009 10:54 pm
Supreme Court decisions made in the 2008-09 term
(LawInfo Weblog)... v. Jackson ruling, which said police may not initiate questioning of a defendant who has a lawyer or has asked for one unless the attorney is present. The court's opinion said the decision will have "minimal" effects on criminal defendants because of the protections the court has ... of the fleet. The most serious possible injury to environmental groups would be harm to an unknown number of the marine mammals the groups study, justices said. Decided Nov. 12, 2008. Copyright 2009 The Associated Press.
July 1, 2009 11:21 am
Jackson’s will cuts out ex-wife Debbie Rowe
(LawInfo Weblog)... found that was done in error, and Rowe and Jackson entered an out-of-court settlement in 2006. Neither Rowe nor her attorneys have indicated whether she intends to seek custody of the two oldest children. Funeral plans have not yet been announced. On Tuesday, ... the ranch. The state's health and safety code makes interring any uncremated remains outside of a cemetery a misdemeanor. Cremated remains can be kept in a home or private mausoleum outside a cemetery. Copyright 2009 The Associated Press.
July 1, 2009 11:19 am
Obama White House not appealing transgender ruling
(LawInfo Weblog)... identity discrimination in federal employment. "The administration's decision not to challenge this important civil rights ruling is a welcome sign that it intends to live up to its commitment to help end transgender discrimination in the workplace," said Sharon McGowan, a staff attorney with the ACLU Lesbian Gay Bisexual Transgender Project. Copyright 2009 The Associated Press.
July 1, 2009 11:13 am
In reversing an award of substantial attorneys fees in a copyright case, a Ninth Circuit panel reversed another panel's seventy-year old ruling about whether a voluntary dismissal without prejudice makes the defendant a "prevailing party." ... U.S. 598, 603 (2001) signaled a change in the application of each statute using that term. The panel held that a voluntary dismissal of a copyright case, even after some of plaintiff's claims had been lost or dismissed, where it dismisses voluntarily without ...
July 1, 2009 10:46 am
Legal Budgeting: It's The New Black
(Lawdable)... areas of savings throughout process, particularly in the discovery phase. The number of documents to review, processing costs, software platforms, attorneys' review rates, hourly bill rates . . . these all are areas for significant cost savings. And when in-house ... for the next case. The emphasis on budgeting is by no means specific to discovery. Due diligence, trademark and copyright, contracts and employment matters, among others, are each just as conducive to scrutiny. It is no longer good ...
July 1, 2009 06:05 am
Intersting development in Georgia State case
(Scholarly Communications @ Duke)... thought, if that is what GSU has been doing, they have really been pushing the envelope. The copyright policy under which the University System of Georgia operated was the work of a brilliant scholar, but it represented a very ... predecessor to reflecting policies around electronic course content that are common on many campuses. After this new policy was adopted, attorneys for GSU filed a motion for a "protective order" which would state that only information about electronic course content going ...
July 1, 2009 05:15 am
LAW.COM Newswire Highlights July 1, 2009
(New York Supreme Court Criminal Term Library Blog)... to serve as a government watchdog, only to be dismissed by the Obama administration in the wake of a report that he was "disoriented" at a meeting. Though the attorneys are unanimous in affirming Gerald Walpin's "integrity and competence," they have stopped short of calling for a formal ... to 2008 figures. Visit Small Firm Business About Incisive Media | About Law.com | Customer Support | Privacy Policy | Terms & Conditions Copyright 2009. Incisive Media US Properties, LLC. All rights reserved
July 1, 2009 12:38 am