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Archive for the ‘Jurisdiction’ Category

Ninth Circuit Remands Cybersquatting Case By Debbie Rosenbaum – Edited by Amanda Rice Lahoti v. Vericheck Inc., No. 08-35001 (9th Cir., Nov. 16, 2009) Opinion On November 16th, the Ninth Circuit held that the district court’s finding that the mark “VeriCheck” was an inherently distinctive, legally protectable mark was based in part on erroneous legal reasoning and in part on valid reasoning. Accordingly, it vacated the lower court’s award of summary judgment in favor of the defendant and remanded. However, ... Read More...
Posted On Nov - 21 - 2009 Comments Off READ FULL POST
No Permission Needed to Copyright a Derivative Work By Adrienne Baker – Edited by Ian C. Wildgoose Brown Schrock v. Learning Curve Int’l, No. 08-1296 (7th Cir. Sep. 9, 2009) Opinion On November 5, the Court of Appeals for the Seventh Circuit reversed and remanded a decision of the District Court for the Northern District of Illinois, which had ruled that copyright for a derivative work requires permission from the underlying copyright holder to be valid. The district court’s ruling ... Read More...
Posted On Nov - 15 - 2009 Comments Off READ FULL POST
Constitutional Challenge to Gene Patents Survives Motion to Dismiss By Davis Doherty – Edited by Jad Mills Assn. for Molecular Pathology, et al. v. USPTO, et al., Case no. 09-CV-4514 (S.D.N.Y. Nov. 2, 2009) Slip Opinion (hosted by Patent Baristas) The United States District Court for the Southern District of New York denied defendants’ motion to dismiss plaintiffs’ claim that patents on a human gene violate the First Amendment and Article I of the Constitution for jurisdictional issues, lack of standing, ... Read More...
Posted On Nov - 10 - 2009 Comments Off READ FULL POST
By Andrew Jacobs Court Issues TRO Against Sales of Beatles Music “Simulation” Ars Technica reports that on November 5, a Central District of California judge issued a temporary restraining order (TRO) against BlueBeat.com, a website offering 25-cent downloads and free streaming of thousands of copyrighted songs, most notably including the entire Beatles catalog. The order is part of a suit filed on November 3 by Capitol, EMI, Priority, and Virgin Records, claiming copyright infringement and various state law violations. In ... Read More...
Posted On Nov - 8 - 2009 Comments Off READ FULL POST
Court Suppresses Email Evidence in Bear Sterns Case By Stuart K. Tubis – Edited by Jad Mills U.S. v. Cioffi, et al., Case No. 08-CR-415 (FB) (E.D.N.Y. Oct. 26, 2009) Slip Opinion (hosted by WSJ) The Eastern District of New York granted defendant Matthew Tannin’s motion to suppress evidence obtained from his personal Gmail account. Ralph Cioffi and Matthew Tannin were charged with conspiracy, securities fraud and wire fraud in connection with their roles as Bear Sterns hedge fund managers. ... Read More...
Posted On Nov - 6 - 2009 Comments Off READ FULL POST
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