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Archive for the ‘Jurisdiction’ Category

So-Called Sample Troll Sues Jay Z, Alleging “Run This Town” Infringes Copyright
By Emma Winer – Edited by Ashish Bakshi

TufAmerica, Inc. v. WB Music Corp.

TufAmerica filed a complaint accusing Jay Z of infringing the company’s copyright in the song “Hook & Sling Part 1.” According to the complaint, Jay Z allegedly used a “sample” of “Hook and Sling Part 1” in his hit song “Run This Town” without proper authorization. TufAmerica has filed a number of similar lawsuits against artists such as the Beastie Boys and Kanye West for sampling songs from catalogs that the company had purchased.

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Posted On Nov - 20 - 2013 Comments Off READ FULL POST

U.K. High Court finds that Zynga’s Scramble does not infringe on Mattel’s trademarked Scrabble
By Michelle Goldring – Edited by Jennifer Wong

J.W. Spear & Sons v. Zynga Inc.

The England and Wales High Court of Justice, Chancery Division held that infringement of Scrabble’s trademarked name did not occur when Zynga titled its games “Scramble” and “Scramble with Friends.” It also held that the word “Scramble” was used to refer to games of that type and therefore did not infringe on Mattel’s trademark of that word. However, the court also expressed concern that the “Scramble” logo created a likelihood of confusion because of its design.

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Posted On Nov - 13 - 2013 Comments Off READ FULL POST

Flash Digest: News In Brief
By Christopher A. Crawford

DOJ Notifies Defendant: Evidence Gained From Warrantless Wiretaps

New Smartphone Patent War Begins

FTC Asks For Comments Regarding Regulation Of The “Internet of Things”

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Posted On Nov - 5 - 2013 Comments Off READ FULL POST

Ex Parte TROs — Exceptional, Unless You’re A “Hacker”
By Corey Omer — Edited by Abhilasha Nautiyal

Battelle Energy Alliance LLC v. Southfork Sec. Inc.

Last month, the District of Idaho issued a rare ex parte temporary restraining order against software developer Corey Thuen and his company, enjoining them from releasing software code as open source and ordering that Thuen’s computer be seized and its contents copied. Judge Winmill reasoned that because Thuen was a “hacker,” the ex parte seizure order was justified.

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Posted On Nov - 4 - 2013 Comments Off READ FULL POST

Federal Circuit Finds Means–Plus–Function Algorithm Claim Invalid for Indefiniteness
By Aditya Gupta – Edited by Kathleen McGuinness

Ibormeith IP, LLC v Mercedes-Benz USA, LLC

The Federal Circuit affirmed a district court’s holding that certain means-plus-function claims of Ibormeith’s patent -  “Sleepiness Detection for Vehicle Driver or Machine Operator” – were invalid for indefiniteness under 35 U.S.C. § 112. The court also noted that Ibormeith’s arguments for the breadth of its disclosure, for the purpose of infringement, must be held as “binding admissions” when evaluating claim validity.

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Posted On Oct - 30 - 2013 Comments Off READ FULL POST
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