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Written by Matt Gelfand Edited by Harry Zhou Editorial Policy A major criticism of the current copyright system is the overbreadth of the protections it affords, in terms of duration, works covered, and uses covered. With the Copyright Act of 1976 and subsequent international treaties and legislation, copyright has become quasi-permanent, and breadth-limiting formalities such as notice and registration requirements have been eliminated.[1] Virtually any use of the creative expressive content in a work is subject to control by a ... Read More...
Posted On May - 5 - 2011 Comments Off READ FULL POST
Written by Nathan Lovejoy Edited by Harry Zhou Editorial Policy The September 30th issue of Rolling Stone featured an article provocatively titled “How to Save the Music Business” by U2 manager Paul McGuinness. In it, McGuinness shifts a hefty portion of responsibility for online copyright infringement to Internet service providers: “Let’s get real: Do people want more bandwidth to speed up their e-mails or to download music and films as rapidly as possible?”[i] He goes on to argue that service ... Read More...
Posted On Jan - 13 - 2011 Comments Off READ FULL POST
USPTO Patent Denial Lawsuits Subject to FRE and FRCP By Harry Zhou – Edited by Ian C. Wildgoose Brown Hyatt v. Kappos, No. 07-1066 (Fed. Cir. Nov. 8, 2010) (en banc) Slip Opinion The U.S. Court of Appeals for the Federal Circuit, sitting en banc, vacated and remanded the decision of the U.S. District Court for the District of Columbia, which had ruled that a patent applicant is barred from introducing new facts into evidence in a civil action against the United States Patent and Trademark Office (“USPTO”) brought ... Read More...
Posted On Nov - 23 - 2010 Comments Off READ FULL POST
­­The U.S. Government’s View on Gene Patentability Likely Changed By Harry Zhou — Edited by Matt Gelfand Brief for the United States as Amicus Curiae Supporting Neither Party, Association for Molecular Pathology v. USPTO, No. 10-1406 (Fed. Cir.) Brief hosted by the New York Times On October 29, the U.S. Department of Justice (“DOJ”) filed an amicus curiae brief in the U.S. District Court for the Federal Circuit in Association for Molecular Pathology v. USPTO, No. 10-1406. In its brief, the ... Read More...
Posted On Nov - 12 - 2010 Comments Off READ FULL POST
Charitable Activities Do Not Create Commercial Interests in Untrademarked Names By Harry Zhou – Edited by Ryan Ward Stayart v. Yahoo! Inc., __ F.3d __, 2010 WL 3785147, No. 09-3379 (7th Cir. Sept. 30, 2010) Slip Opinion hosted by Seattle Trademark Lawyer On September 30, 2010, the Seventh Circuit affirmed the United States District Court for the Eastern District of Wisconsin, dismissing a complaint filed by Beverly Stayart alleging false endorsement under the Lanham Act and various state law claims ... Read More...
Posted On Oct - 25 - 2010 1 Comment READ FULL POST
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