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Kwan v. Schlein By Raquel Acosta – Edited by Jonathan Allred Kwan v. Schlein, No. 09-5205-cv (2nd Cir. Jan. 25, 2011) Opinion hosted by Scribd.com The Court of Appeals for the Second Circuit affirmed the District Court for the Southern District of New York, which denied summary judgment on plaintiff’s claim for copyright infringement because it was time-barred, and granted defendants’ motion for summary judgment to dismiss the claims. [Editorial note: the Second Circuit opinion incorrectly records that the district ... Read More...
Posted On Feb - 17 - 2011 Comments Off READ FULL POST
Federal District Court Denies Motion to Dismiss Contributory Cybersquatting and Contributory Dilution Claims By Elina Saviharju – Edited by Jonathan Allred Microsoft Corp. v. Shah, et al., No. C10-0653 (W.D. Wash. Jan. 12, 2011) Slip opinion hosted by WSJ.com The U.S. District Court for the Western District of Washington denied defendants’ motion to dismiss plaintiff Microsoft’s claims for contributory cybersquatting and contributory dilution as unrecognized by law. Cybersquatting is the practice of registering a domain name similar to a well-known ... Read More...
Posted On Feb - 14 - 2011 1 Comment READ FULL POST
Written by Andrew Segna Edited by Jonathan Allred Editorial Policy On October 13, 2010, Valve, a major video game developer, announced Dota 2, its new title, for which it registered the trademark “Dota” with the USPTO on August 6, 2010. This game is a sequel to the extremely popular Defense of the Ancients (abbreviated “Dota”), a“mod” that independent videogame developers created by modifying the game Warcraft III. The trademark registration evoked concern among members of the industry and consumers, especially ... Read More...
Posted On Jan - 21 - 2011 Comments Off READ FULL POST
Federal Circuit rules that prosecution laches requires evidence of prejudice By Jonathan Allred – Edited by Elizabeth Akerman Cancer Research Technology Ltd. v. Barr Laboratories, Inc., No. 2010-1204 (Fed. Cir. Nov. 9, 2010) Slip Opinion The Federal Circuit overturned the District Court of Delaware, which had ruled that the plaintiff’s patent was unenforceable for prosecution laches, and, in the alternative, invalid for inequitable conduct. Prosecution laches is an equitable defense to infringement when the plaintiff has delayed the prosecution of ... Read More...
Posted On Nov - 17 - 2010 Comments Off READ FULL POST
Copyright Troll Righthaven Experiences Setback due to District Court’s Grant of Dismissal Motion to Defendant Claiming Fair Use By Jonathan Allred – Edited by Cary Mayberger Righthaven v. Realty One Group, 2:10-cv-1036-LRH-PAL (D. Nev. Oct. 18, 2010) Opinion hosted by the Las Vegas Sun In one of the first rulings to come down in plaintiff Righthaven’s many copyright suits, the District Court of Nevada granted defendant Michael Nelson’s motion to dismiss. Righthaven’s lawsuits are notable because they represent a new ... Read More...
Posted On Oct - 28 - 2010 Comments Off READ FULL POST
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