Searching Content indexed under Intellectual Property by Monica Richman ordered by Published Date Descending.
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Copyright Office To DMCA Service Providers: Designate Agents By Year End Or Lose Safe Harbor Protection
One of the best-known benefits of the Digital Millennium Copyright Act (DMCA) is the safe harbor from copyright infringement liability that it provides "online service providers"...
United States
13 Oct 2017
Supreme Court Strikes Down Lanham Act's Disparagement Clause As Unconstitutional
In a landmark decision that will significantly impact those seeking to block or cancel trademarks they consider offensive, the U.S. Supreme Court has struck down the "disparagement clause"...
United States
29 Jun 2017
Supreme Court Endorses Copyrightability For Fashion And Industrial Designs
On March 22, 2017, in a 6-2 decision, the US Supreme Court (the "Court") ruled in Star Athletica, LLC v. Varsity Brands...
United States
7 Apr 2017
The Supreme Court's Take On Kirtsaeng II Will Impact Attorneys' Fees Decisions In Copyright Matters
The landmark copyright case Kirtsaeng v. John Wiley & Sons is back before the US Supreme Court, this time on the issue of the appropriate standard for determining whether to award attorneys' fees...
United States
1 Feb 2016
Creating, Making, Or Breaking It: Second Circuit Reexamines "Hot News" Misappropriation Tort
In a convoluted 88-page decision, the Second Circuit simultaneously reaffirmed the continued existence of the "hot news" misappropriation tort, stripped the tort of its five-factor preemption test used for nearly fifteen-years, and replaced it with an abridged analysis under the theory of "free-riding." Barclays Capital, Inc. v., 2011 WL2437554 (2d Cir. June 20, 2011).
United States
5 Jul 2011
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