IP LEGAL NEWS AND UPDATES
How Capitol Records v. Vimeo Shapes the Content Stream
Justin E. Pierce and Matthew R. Farley
Capitol Records v. Vimeo in the Southern District of New York highlights some of the challenges that streaming media services face as the body of case law develops regarding Digital Millennium Copyright Act safe harbor protection. Although courts are refining the law, many of the standards employed remain vague, and therefore, dangerous and potentially costly, say Pierce and Farley.
Internet Platform Held Liable for Counterfeit Sales – Hope for Brand Owners
Marcella Ballard and Victoria R. Danta
Luxury brand owner Richemont International Ltd. scored an important victory against online counterfeiting this month when the U.S. District Court for the Central District of California granted summary judgment and issued a permanent injunction against internet companies TradeKey (PVT) Ltd. and Sawabeh Information Services Co, whose business-to-business (B2B) platforms actively "promoted and facilitated" the sale of counterfeit goods. Notably, the court's ruling is in contrast to the U.S. Supreme Court's ruling in Tiffany & Co. v. eBay (2010), which largely insulated B2B platforms from liability for contributory counterfeiting.
Daily Journal quotes Greg Sater on native advertising
In an article on October 2, 2013, Daily Journal quoted Venable partner Gregory J. Sater on native advertising, a popular marketing practice that integrates ads directly into original content on websites. The Federal Trade Commission (FTC) is eyeing the practice because of its potential to confuse viewers about what is a paid ad and what is authentic content.
Think You Aren't Your Online Affiliates' Keeper? Think Again
Jeffrey D. Knowles and Gregory J. Sater
A recent Tenth Circuit Court of Appeals decision in 1-800 Contacts Inc. vs. Lens.com Inc. illustrates just one of the hazards marketers may encounter when utilizing online affiliate marketers to drives sales of their products and services. The trademark law decision highlights the recent trend, also found in other areas of law – such as Federal Trade Commission (FTC) false advertising law – of marketers being held liable for the conduct of their online affiliates, even though the marketers rarely if ever know the identities of those affiliates.
ANNOUNCEMENTS AND REMINDERS
Damon Wright begins term as President of N.Va. Chapter of Federal Bar Association
After serving as a board member and officer for the past several years, Venable partner Damon W.D. Wright now begins his term as President of the N.Va. Chapter of the Federal Bar Association. The Chapter is comprised of attorneys who regularly practice in the U.S. District Court for the Eastern District of Virginia, Alexandria Division.
Venable Partner Janet Satterthwaite Named to Inaugural Edition of IP Stars – Top 250 Women Venable LLP is pleased to announce that Janet F. Satterthwaite, a leading partner in the firm's Trademark, Copyright & Licensing Group, was named to the inaugural edition of IP Stars – Top 250 Women, published by Managing Intellectual Property magazine. The list features the top female IP attorneys in the United States.
"Trademark Nuts and Bolts: How to Protect your Company's Brand," Larta Webinar
November 5, 2013
How strong is your brand? Your company's brand is one of the key drivers of business value and competitiveness in the global marketplace. Have you taken the necessary steps to make sure your brand is protected?
Join Larta and Venable for this informative webinar, and learn how to choose a strong trademark and how to protect this valuable asset.
Venable's experienced trademark panelist and partner in an AmLaw 100 law firm, Jacqueline Levasseur Patt, will provide helpful tips and tools on how to build and protect your trademarks, brands and copyrights to take your company to the next level.
New Venable San Francisco office continues to draw coverage
Venable announced the opening of its second West Coast office in San Francisco. The new office will serve the needs of the firm's Northern California client base and other clients' needs throughout the Bay Area. Jim Nelson will serve as Partner-in-Charge and is joined by partner Art Cirulnick and of counsel Michelle Gross. Well-known Bay Area commercial litigator Tom Wallerstein, whose practice focuses on high-stakes commercial, employment and intellectual property litigation, also joined the newly opened Bay Area office as a partner with associates Kimberly Culp and Cameron Cole. To keep abreast of changes in the IP world affecting your business, subscribe to our new RSS feed. To subscribe, please visit www.Venable.com/RSS.
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