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Are You Willing to Pay $22,500 to Download A Song?

August 28, 2012 | Blog | By Geri Haight, Susan Neuberger Weller

The August 23, 2012 decision in Song BMG Music Entertainment v. Tenenbaum, the most recent in this extended litigation, leaves no doubt that individuals who download music and distribute it without proper authorization through peer-to-peer file sharing sites are subject to liability for copyright infringement and payment of substantial statutory damages for doing so.

Should Section 8 Affidavits of Continued Use be filed at Year Three?

August 20, 2012 | Blog | By Geri Haight, Susan Neuberger Weller

The U.S. Patent and Trademark Office on August 16 filed a request for comments regarding amending the first filing deadline for affidavits or declarations of use or excusable nonuse. 77 Fed. Reg. 49,425, and also published a notice of inquiry indicating that it was considering a fee adjustment for trademark applications. 77 Fed. Reg. 49,426.
As we reported in December, two adult entertainment companies filed suit in federal district court in Los Angeles against the Internet Corporation for Assigned Names and Numbers (ICANN) and ICM Registry, the sole operator of the .XXX domain name registry.

Just Because You Can Copy It Does Not Mean That You May Copy It

August 15, 2012 | Blog | By Geri Haight, Susan Neuberger Weller

In a number of recent cases, individual photographers have successfully sued third parties for unauthorized reproduction and use of photographs, particularly those from stock photography sources.

Google Search Results Will Reflect Repeated Copyright Infringement

August 13, 2012 | Blog | By Geri Haight, Susan Neuberger Weller

On Friday, August 10, 2012, Google announced that it was changing its search algorithms so that websites with high numbers of valid copyright infringement removal notices would appear much lower in the search results.
ICANN has announced that it has extended the public comment period for new generic top-level domain (gTLD) applications for an additional 45 days. The public comment period was scheduled to close on August 12th. The new end date is now September 26, 2012. 
Our colleagues in the Bankruptcy Section published a client advisory on a recent decision that has important implications for the bankruptcy rights of trademark licensees (and licensees of other forms of intellectual property).
What if someone applied for a new generic Top Level Domain (gTLD) that is confusingly similar to the gTLD applied for by your company? Who has standing to file an objection or to submit a public comment in response to an applied-for gTLD? 
On July 2, 2012, the U. S. Patent and Trademark Office Trademark Trial and Appeal Board (“TTAB” or “Board”) granted Hershey's request to register the design and shape of a chocolate bar as a trademark on the Principal Register.

Avoid a "Heart Attack": Promptly Register Your Trademarks

July 12, 2012 | Blog | By Geri Haight, Susan Neuberger Weller

On July 6, 2012, in Lebewohl v. Heart Attack Grill, LLC , a New York Judge made it possible, in the words of the Wall Street Journal, for people to continue to “Order Up a Heart Attack" in, at least, Las Vegas and Manhattan.

Has Someone Applied to Register Your .BRAND?

July 12, 2012 | Blog | By Geri Haight

We recently published an alert on the planned expansion of the domain name system and what it really means for trademark owners.
Our colleague, Susan Neuberger Weller, recently wrote a client advisory on perfecting security interests in intellectual property.

One Less Copyright Issue to Worry About at the Gym

June 26, 2012 | Blog | By Geri Haight, Susan Neuberger Weller

The U.S. Copyright Office has made it clear through a Statement of Policy released on June 18, 2012 that “functional physical movements such as sports movements, exercises, and other ordinary motor activities alone" are not works of authorship protected under U.S. copyright law.

Copyright Owners Using DMCA To Take Down URLs

June 20, 2012 | Blog | By Geri Haight, Susan Neuberger Weller

At a conference held June 18 at Stanford University Law School - The 9th Annual Stanford Ecommerce Best Practices Conference - it was reported that copyright holders are increasingly using the Digital Millennium Copyright Act's ("DMCA") notice and takedown procedures to address copyright infringement on websites.

The List of gTLD Applicants: A Breakdown

June 14, 2012 | Blog | By Geri Haight

The list of gTLD applications and applicants, disclosed by ICANN yesterday, is a fascinating read.  It provides an insight into how the Internet will be transformed (or, depending on your point of view, confused) in the coming years as new domain name extensions are introduced to consumers.
ICANN published the list of applied-for gTLD character strings today. Here is the list. Take a look to see who has applied. There are many applications for .BRANDS, like .AMERICANEXPRESS, .MACYS, and .LEGO. 
Last year, the Internet Committee for Assigned Names and Numbers (ICANN), the organization responsible for the coordination of the global Internet domain name system, announced a plan to bring sweeping changes to the Internet’s generic top level domain (gTLD) structure.

Is It Proper To Say You Google On GOOGLE®?

June 9, 2012 | Blog | By Geri Haight

Do you "google?" That is the essence of the question before the Federal District Court in Arizona in a Complaint filed on May 21, 2012 by David Elliott against Internet search engine giant Google, Inc. In Elliot v Google, Inc., CV-12-1072-PHX-MHB, Elliot claims that Google’s once distinctive mark GOOGLE® has become generic and lacks trademark significance due to its common use as a transitive verb.

ICANN's Trademark Clearinghouse: An Update

June 4, 2012 | Blog | By Geri Haight

As part of its plan to dramatically expand the Internet's infrastructure beyond .com (and other pre-existing generic top level domains (gTLDs)), ICANN, the Internet Corporation for Assigned Names and Numbers, promised brand owners that a variety of additional trademark protection mechanisms would be put in place.
As promised, ICANN reopened the TLD Application System (“TAS”) on May 22, 2012. Registered users are now able to log in and complete their applications.  ICANN has indicated that the system will remain open until 23:59 GMT/UTC on Wednesday, May 30, 2012.
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