Searching Content by Marc Rachman from Davis & Gilbert ordered by Published Date Descending.
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Intellectual Property Litigation Alert >> Was Missguided Misguided? Kim Kardashian West Obtains $2.7 Million Judgment In Right Of Publicity And Trademark Suit
A federal district court in California has awarded a $2.7-million default judgment to Kim Kardashian West in her lawsuit against a fast fashion online
United States
6 Aug 2019
Patents >> Patent Troll Suits Down, Not Out In 2018
Over the past half-decade, Congress and the courts have made aggressive efforts to curb the worst abuses of the patent system. In 2013, Congress
United States
18 Jul 2019
Digital Media, Technology & Privacy Alert >> 1-800 Contacts Unlawfully Restricted Competitors' Trademark Use In Search Engine Marketing
The Federal Trade Commission (FTC) has decided that agreements reached by 1-800 Contacts, Inc. with a number of its competitors ...
United States
23 Nov 2018
Street Art, Copyright Infringement, And De Minimis Use
The legal protections afforded to graffiti and "street art" artists have gained increased visibility in recent months.
United States
7 Sep 2018
Litigation Alert >> "Dialing It Back?" Federal Courts Weigh In On "Autodialers" After Appeals Court Strikes Down FCC Interpretation Of TCPA
Following a March 2018 by the United States Court of Appeals for the D.C. Circuit that rejected certain Federal Communications Commission (FCC) interpretations of the Telephone Consumer Protection Act ...
United States
26 Jun 2018
Patents >>Supreme Court Seeks To Curb The Worst Abuses Of The Patent System
Congress, commentators and a wide variety of industry leaders have long noted that the patent system was broken.
United States
25 May 2018
Federal Appeals Court Strikes Down Key Parts Of The FCC's TCPA Order
Under the TCPA, the penalty for a violation is $500 per call or text, which can be trebled for willfulness.
United States
16 May 2018
Are APIs No Longer Safe To Use When Creating Mobile And Other Software Applications?
A recent decision in the longstanding fight between Oracle and Google could change the way software developers and programmers use APIs when creating mobile and other software applications.
United States
8 May 2018
No Harm, No Foul? Individualized Consent Issues Sink TCPA Class Action
Is a class action lawsuit appropriate when some class members have consented to the defendant's conduct, but have not given that consent in the manner the law requires?
United States
17 Jan 2018
Battling The Real "Fake News": FTC Reaches Multi-Million Dollar Settlement With Internet Marketers For False Celebrity Endorsements
Unfortunately, the unauthorized use of a celebrity's name and image has become a deceptive advertising practice frequently used by dishonest online marketers.
United States
4 Dec 2017
First Circuit Requires Identifiable Injury For Claims Asserting Deceptive Retailer "Compare At" Prices
Consumer class actions alleging that retailers are using deceptive comparison pricing tactics online and in stores are becoming increasingly common under state consumer protection statutes...
United States
25 Sep 2017
Trouble In Patent Troll Paradise?
Recent Supreme Court decisions will likely curb actions by non-practising entities, say Marc J Rachman, and Devin A Kothari.
United States
30 Aug 2017
When Is A "Firm Offer" Really Firm When Negotiating Talent Agreements? When The Term Sheet Says So
In talent contract negotiations, the talent's agent often insists on what is commonly referred to as a "firm offer" to ensure that the negotiations are not just speculative.
United States
13 Jun 2017
The Days Of Patent Plaintiff Forum Shopping May Be Over
For the past 30 years, it has been established patent practice for a patent holder to bring suit in any district where infringing sales were made.
United States
31 May 2017
Breach Of Contract Claims Allowed For Alleged Open Source License Violations
An open source license is a type of license for software that imposes fewer use restrictions than a standard proprietary license.
United States
24 May 2017
Patent Troll Cases Unlikely To Drop Significantly
The statistics are striking. "Patent trolls" (companies that do not create products or services based on their patents, but instead use patents to extort license fees) are continuing to file large numbers of patent infringement lawsuits...
United States
19 Apr 2017
$500 Million Oculus Verdict Highlights Litigation Risks For Emerging Tech Companies
The decision by a federal jury in Dallas, Texas, to award $500 million to the plaintiffs in a case involving VR technology – despite the jury's conclusion that the defendants had not misappropriated...
United States
7 Mar 2017
U.S. Supreme Court Sets The Bar Higher For Obtaining Damages For Design Patent Infringement
In its first design patent case in over a century, the U.S. Supreme Court has redefined the meaning of an infringing "article of manufacture."
United States
28 Dec 2016
Second Circuit Narrows 'Red Flag Knowledge' Exception To DMCA's Safe Harbor Protections For ISPs
In a long-standing case brought against the video platform Vimeo by several music publishers, the U.S. Court of Appeals for the Second Circuit recently set the bar high for copyright owners to succeed in their infringement claims.
United States
19 Aug 2016
2016 Mitigating Risk: Key Litigation Developments - Intellectual Property >> Expanding Reach Of The Copyright Fair Use Defense
Two court decisions in 2015 illustrate the expanding reach of the fair use defense.
United States
12 Apr 2016
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