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Archive for the ‘Jurisdiction’ Category

FilmOn Sues Aereo for False Designation of Origin and False Endorsement under the Lanham Act

FilmOn v. Aereo
By Alex Shank – Edited by Michelle Sohn

Online TV site FilmOn.com, Inc. (“FilmOn”) filed a complaint against competitor Aereo, Inc. (“Aereo”) on counts of false designation of origin and false endorsement under the Lanham Act on February 7, 2013 in the United States District Court of the Central District of California. FilmOn also seeks declaratory judgment that it does not violate the Act and that any trademark right in the name “Aereo” claimed by Aereo is invalid.

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

Federal Circuit Rules Section 102(g) Requires Little Enablement or Public Disclosure from Prior Inventors

Fox Group, Inc. v. Cree, Inc.
By Dorothy Du – Edited by Suzanne Van Arsdale

The Federal Circuit affirmed in part and vacated in part the Eastern District of Virginia, which had granted defendant Cree’s motion for summary judgment on the invalidity of Fox Group’s (“Fox”) entire patent on low defect single crystal silicon carbide.

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Posted On Dec - 11 - 2012 Comments Off READ FULL POST

Federal Judge Rejects Verizon’s Challenge to New FCC Data Roaming Rule

Cellco P’ship v. FCC
By Kathleen McGuinness – Edited by Charlie Stiernberg

The Court of Appeals for the District of Columbia Circuit rejected a facial challenge to the Federal Communications Commission’s (“FCC”) new rule requiring “providers of commercial mobile-data services to offer data roaming agreements to other such providers on commercially reasonable terms.”  The court held that the FCC had statutory authority to regulate data roaming, and that the flexibility of the new requirement does not amount to the imposition of common carrier requirements.

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Posted On Dec - 10 - 2012 Comments Off READ FULL POST

No Warrant Required for Undercover Agent to Use Concealed Recording Device, Says Ninth Circuit

United States v. Wahchumwah
By Pio Szamel – Edited by Geng Chen

The Ninth Circuit affirmed a ruling by the Eastern District of Washington which held that the use of a concealed audiovisual recording device on the person of an undercover agent to record inside a defendant’s home without a warrant did not violate the defendant’s Fourth Amendment rights. In inviting the undercover agent into his home, the defendant “forfeited his expectation of privacy as to those areas that were knowingly expose[d] to” the undercover agent.

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Posted On Dec - 7 - 2012 Comments Off READ FULL POST

Fifth Circuit Says First Amendment May Protect Domain Names

Gibson v. Texas Dep’t of Ins. – Div. of Workers’ Comp.
By Michael Hoven – Edited by Daniella Adler

The United States Court of Appeals for the Fifth Circuit affirmed in part and reversed in part the Northern District of Texas, which had dismissed John Gibson’s claim that a Texas law barring him from using the words “Texas” and “workers’ compensation” or “workers’ comp.” in his domain name violated the First, Fifth, and Fourteenth Amendments.

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Posted On Dec - 6 - 2012 Comments Off READ FULL POST
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