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Archive for the ‘Jurisdiction’ Category

Federal Circuit Distinguishes Provisional Applications from Foreign Filings for Prior Art Priority under 102(e) By Ian B. Brooks – Edited by Anthony Kammer In re Giacomini, No. 2009-1400 (Fed. Cir. July 7, 2010) Slip Opinion On July 7, 2010, the Court of Appeals for the Federal Circuit affirmed the Board of Patent Appeals and Interferences’ (“Board”) rejection of claims of U.S. Patent Application No. 09/725,737 as anticipated under 35 U.S.C. § 102(e), the so-called “secret prior art” provision.  The Federal ... Read More...
Posted On Jul - 21 - 2010 1 Comment READ FULL POST
District of Massachusetts reduces jury-awarded damages by 90 percent in copyright infringement lawsuit By Abby Lauer – Edited by Jad Mills Sony BMG Music Entertainment et. al. v. Tenenbaum, No. 07cv11446-NG (D. Mass. July 9, 2010) Slip Opinion In a decision by Judge Nancy Gertner, the United States District Court for the District of Massachusetts reduced the damages awarded by a jury to members of the recording industry in a copyright infringement lawsuit. After finding defendant Joel Tenenbaum guilty of ... Read More...
Posted On Jul - 14 - 2010 Comments Off READ FULL POST
Use of Common Words in Trademarks Can Still Dilute By Harry Zhou – Edited by Jad Mills Visa Int’l Serv. Ass’n v. JSL Corp., No. 08-15206 (9th Cir. Jun. 28, 2010) Slip Opinion On June 28, 2010, the Ninth Circuit affirmed the U.S. District Court for the District of Nevada’s grant of summary judgment for Visa International Service Association (“VISA”) on its trademark dilution claim against JSL Corporation (“JSL”). Chief Judge Alex Kozinski delivered the opinion, holding that JSL’s “eVisa” ... Read More...
Posted On Jul - 13 - 2010 Comments Off READ FULL POST
Credit-Card Processors May be Held Liable for Contributory Trademark Infringement in Gucci Counterfeit Suit By Sharona Hakimi – Edited by Matt Gelfand Gucci America, Inc. v. Frontline Processing Corp., No. 09 Civ. 6925 (HB) (S.D.N.Y. June 23, 2010) Order On June 23, 2010, Judge Harold Baer of the U.S. District Court for the Southern District of New York denied a motion to dismiss claims of contributory trademark infringement brought by fashion label Gucci America, Inc. (“Gucci”) against a group of ... Read More...
Posted On Jul - 8 - 2010 Comments Off READ FULL POST
District Court Rules YouTube Protected by DMCA Safe Harbor Provisions in Viacom Copyright Infringement Suit By Chinh Vo – Edited by Gary Pong Viacom Int’l Inc. v. YouTube, Inc., No. 07 Civ. 2103 (S.D.N.Y. June 23, 2010) Slip Opinion hosted by Justia.com On June 23, 2010, the U.S. District Court for the Southern District of New York granted Google’s motion for summary judgment in a copyright infringement suit brought against its video-sharing service YouTube by media company Viacom. In dismissing ... Read More...
Posted On Jul - 5 - 2010 Comments Off READ FULL POST
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By Henry Thomas – Edited by Paulius Jurcys USA FREEDOM Act ...