Litigation Alert >> Battling the Real "Fake News": FTC Reaches Multi-Million Dollar Settlement with Internet Marketers for False Celebrity Endorsements - Alert - 11/30/2017
The FTC's settlement with the Defendants allegedly engaged in these deceptive marketing practices serves as a reminder that the parties responsible for online advertising using public figures’ names and images without authorization can be identified and stopped, and that those parties may include the operators of large marketing networks. In other words, the FTC did not just find the parties responsible for the unlawful advertising practices; it also found parties within the United States with assets significant enough to disgorge millions of dollars in deceptively-acquired profits.
Davis & Gilbert Collects Strong Results in The Legal 500 United States 2017 Ranking - Press Release - 06/29/2017
Intellectual Property Litigation Alert >> The Days of Patent Plaintiff Forum Shopping May be Over - Alert - 05/23/2017
The Supreme Court’s decision in TC Heartland establishes that just having sold goods in the judicial district is now insufficient on its own to establish jurisdiction. Patent holders bringing suit must do so in either the judicial district where the defendant resides, or the judicial district where the defendant has a regular and established place of business. The decision will likely discourage patent trolls from filing suit in the Eastern District of Texas and other jurisdictions with little to no connection to the defendant.
Intellectual Property Litigation Alert >> Breach Of Contract Claims Allowed For Alleged Open Source License Violations - Alert - 05/18/2017
A recent California decision allowed breach of contract claims for GPL violations in connection with the use of open source software. As the decision shows, reliance on arguments that the GPL is not a contract or that corresponding contract claims are preempted by copyright law may prove misplaced. Accordingly, businesses should carefully consider contract law implications when licensing and using GPL-governed code.
Patents >> Patent Troll Cases Unlikely To Drop Significantly - Alert - 04/11/2017
Intellectual Property Alert >> $500 Million Oculus Verdict Highlights Litigation Risks for Emerging Tech Companies - Alert - 02/23/2017
Companies developing – or seeking to acquire – new technology must take every precaution to limit their risks before litigation is on the horizon. The full extent and scope of those risks is often not clear without careful analysis. Working with counsel every step of the way can help to uncover potential liabilities and limit exposure.
Intellectual Property Litigation Alert >> U.S. Supreme Court Sets the Bar Higher for Obtaining Damages for Design Patent Infringement - Alert - 12/19/2016
The Supreme Court’s decision sets the bar higher for design patent holders to recover for infringement and opens the door to apportionment of damages. Parties looking to file for design patents will likely consider claiming their patents more broadly, in order to avoid the specter of reduced damages in the event the design patent is infringed. They may also consider alternative forms of protection, such as trade dress and copyright if appropriate. In addition, how damages should be apportioned will now be an important part of both side’s litigation strategy.
As the Court refused to delineate a test for determining the infringing article of manufacture, address whether there must be a causal link between the total profit made and the infringing article of manufacture, or explain how to apportion "total profits" by component, further Federal Circuit decisions on these issues are likely to follow.
Intellectual Property Alert >> New Copyright Office Regulations Require Websites to Re-Register for DMCA Safe Harbor Protection - Alert - 12/15/2016
Website operators and other online service providers must re-register their DMCA designated agents using the Copyright Office’s new online filing system by December 31, 2017 to avoid losing DMCA safe harbor protection.
Intellectual Property Litigation Alert >> Second Circuit Narrows 'Red Flag Knowledge' Exception to DMCA's Safe Harbor Protections for ISPs - Alert - 08/16/2016
The bar is now set high in the Second Circuit for copyright owners to make the evidentiary showing necessary to establish that an ISP had red flag knowledge because it was aware of facts or circumstances that made copyright infringement obvious. An ISP does not have an affirmative obligation to police its websites for infringing content or to determine whether its users engaged in fair use. It does remain in the best interest of copyright owners to identify the specific infringing content that they want removed. They are also left with the opportunity to take discovery about an ISP’s content review procedures to establish a red flag knowledge claim. However, a copyright owner will still bear a heavy burden to show that an ISP actually knew about infringement by its users or was aware of facts or circumstances that made the specific infringing activity obvious, so that the ISP is no longer entitled to the DMCA’s safe harbor protections.
Trademarks & Brands Online // UDRP Roundup: Wins for Brand Owners Against Bogus Domain Names - Press Mention - 08/10/2016
Intellectual Property Alert >> Implications of Brexit on Trademarks in the EU - Alert - 07/07/2016
Even though the United Kingdom’s exit from the EU will not take effect for quite some time, trademark protection will ultimately be impacted. Therefore, while immediate action may not be necessary, we recommend reviewing your UK and EU business presence and trademark portfolio with counsel to determine whether any actions should be taken in the interim.
Davis & Gilbert Maintains Excellent Rankings in Chambers USA 2016; Five Practice Areas Recognized - Press Release - 06/20/2016
Law360.com // TiVo's 'Holy Grail' Ad Patent, Two Others Ruled Invalid - Press Mention - 02/23/2016
World Intellectual Property Review // Five Things We Learned This Week: PTAB Changes, 'Dismaland' and More - Press Mention - 08/28/2015
Davis & Gilbert Maintains Prominence on The Legal 500 United States 2015 Ranking - Press Release - 06/15/2015
Law360.com // Abbott and Costello Heirs Sue Play Over 'Who's on First'" - Press Mention - 06/05/2015
New York Post // Abbott & Costello Heirs Sue Play Over 'Who's on First?' Routing - Press Mention - 06/05/2015
Deadline Hollywood // Abbott & Costello Heirs Sue Tony Nominee 'Hand to God' Over 'Who's On First? - Press Release - 06/05/2015
The New York Times // 'Hand to God' Play Sued by Abbott and Costello Heirs Over Use of 'Who's on First?' - Press Mention - 06/04/2015
Davis & Gilbert Maintains Prominent Rankings in Chambers USA 2015; Five Practice Areas Recognized - Press Release - 05/28/2015
Intellectual Property Alert >> The Sunrise Period For The <.sucks> gTLD Has Been Extended to June 19, 2015 - Alert - 05/21/2015
The Sunrise Period for the <.sucks> gTLD has been extended to June 19, 2015. Owners of registered trademarks who register or have already registered with the Trademark Clearinghouse by that date will have the first opportunity to purchase a <.sucks> domain name. Trademark owners who do not register by that date may have more limited options for protecting their marks against gripe sites. Beginning June 1, 2015, <.sucks> domain names will be available to the general public, and will be granted on a first-come, first-served basis.
Litigation Alert >> Commercial Lease Rent Acceleration Clauses: For How Long Will They Be Enforceable? - Alert - 05/11/2015
The Court of Appeals’ holding in Van Duzer raises questions as to the future enforceability of rent acceleration clauses in commercial leases that do not account for net present value and that give the landlord both the right of possession during the lease term and the right to immediately recover all rents due under the lease. Because a landlord has no duty to mitigate its damages, most acceleration clauses (even those that discount for net present value) allow a landlord the potential to recover more than what it might receive, but for the breach. Thus, the decision in Van Duzer may signify the beginning of a trend toward unenforceability of these acceleration clauses.
LawInSport: Mark My Words: Protection of Athletes' Nicknames & Catchphrases in the U.S. - Published Article - 05/07/2015
by Joy J. Wildes & Kevin S. Blum
Law360.com // Attorneys React to Supreme Court's TTAB Preclusion Ruling - Press Mention - 03/24/2015
Intellectual Property Litigation Alert >> The Supreme Court Comes Out Swinging In 2015 with Important Trademark Decision - Alert - 03/05/2015
2015 will continue to be an active year for the Supreme Court in deciding trademark issues. In Hana Financial, the Court resolved the split over who decides the issue of tacking, and in B&B v. Hargis, it will resolve the split over the precedential value of the TTAB’s decisions. Whether the Court will take on even more trademark issues in 2015 is yet to be seen, but trademark and brand owners should keep their eye on B&B v. Hargis, as, depending upon its outcome, it could dramatically change what is at stake when challenging a new mark.
World Intellectual Property Review // Top Ten Developments for 2015: Spider-Man, SEPs and Shoes - Press Mention - 02/16/2015
Intellectual Property Litigation Alert >> Sherlock Holmes Comes Out of the Page: Seventh Circuit Says Public Domain Characters May Lead Fictional Lives Apart From Their Copyright Owners - Alert - 12/18/2014
Fanfiction writers, rejoice! Fictional characters that span both public domain and copyright protected works are available for use without a copyright license. So long as the use does not copy any character elements that are copyright protected, and does not suggest any endorsement by or other connection with the character owner, the use should be safe from liability.
Trademarks & Brands Online // 'Tis the Season to be Careful - Press Mention - 12/16/2014
InsideCounsel // What Companies Should Know About Consent Order with Patent Troll MPHJ - Press Mention - 11/17/2014
Law360.com // FTC Settlement With 'Patent Troll' May Signal Wider Action - Press Mention - 11/07/2014
Law360.com // Law360's Weekly Verdict: Legal Lions & Lambs - Press Mention - 11/06/2014
Law360.com // Law360's Weekly Verdict: Legal Lions & Lambs - Press Mention - 11/06/2014
Law360.com // TiVo Sanctioned For Bad Grammar In Patent Fight - Press Mention - 11/04/2014
Intellectual Property & Technology Law Journal: The Telephone Consumer Protection Act: Privacy Legislation Gone Awry? - Published Article - 10/23/2014
by Paul Corcoran, Marc Rachman, and David Greenberg
Robotics Business Review // 10 Most Common Legal Issues for Robotics Startups - Press Mention - 10/15/2014
IDG Connect // The Rise and Rise of 'Illegal' Drones - Press Mention - 09/23/2014
Robotics Business Review // Unbounded Robotics Shutdown: A Lesson for All Startups - Press Mention - 09/03/2014
Davis & Gilbert Achieves Outstanding Results in The Legal 500 United States 2014 - Press Release - 07/08/2014
The New York Times // Why More Start-Ups Are Sharing Ideas Without Legal Protection - Press Mention - 07/02/2014
Intellectual Property Litigation Alert >> Recent Developments in the Fight Against Patent Trolls - Alert - 06/30/2014
The Supreme Court’s Nautilus and Octane Fitness decisions represent major victories in the fight against patent trolls as they allow defendants to more easily attack “indefinite” claims, have cases thrown out earlier in the litigation process, and to shift legal fees when the lawsuit is “exceptional.” In addition, state legislatures and attorneys general, along with the FTC, have thrown their hats in the patent troll “boxing ring,” sending a clear message that they disfavor the tactics that patent trolls have historically employed.
The long-term effect of all this activity by politicians and government agencies is not yet clear, but it represents an encouraging move towards further restricting the advance of patent trolls. These recent events are particularly welcome considering the Patent Transparency and Improvement Act, which would have heralded major patent reform targeted at patent trolls, was recently removed from the Senate agenda.
Robotics Business Review // MAKO Surgical Sues Blue Belt Technologies - Press Mention - 06/10/2014
Davis & Gilbert Ranked in Five Practice Areas by Chambers USA 2014 - Press Release - 06/02/2014
Westlaw Journal Computer & Internet // Estate Has No Claim To Blog Posts About Mom, Arizona Appeals Court Rules - Press Mention - 05/23/2014
Allvoices.com // Future of Drones in Hollywood - Press Mention - 05/09/2014
