Reading Time: 5 minutesThe oral argument in WNET et al. v. Aereo before the 2d Circuit panel of Judges Denny Chin and Christopher Droney and Eastern District Judge John Gleeson was long (more…Continue reading Oral Argument in the Second Circuit in Aereo Makes Predicting the Outcome Not for the Faint of Heart
Will Aereo’s Internet Streaming Service Survive Second Circuit Review?
Reading Time: 6 minutesInnovation breeds copyright litigation. The scenario is often the same. The copyright holder whose market share is eroded by the innovative product claims it infringes its statutory-protected rights. The technologist…Continue reading Will Aereo’s Internet Streaming Service Survive Second Circuit Review?
Brownmark v. Comedy Partners: Court Finds Fair Use Without Allowing Plaintiff Any Discovery
Reading Time: 4 minutes Faced with a copyright infringement suit where your defense is fair use? Chances are you might not consider making a motion to dismiss at the outset. Instead, you will…Continue reading Brownmark v. Comedy Partners: Court Finds Fair Use Without Allowing Plaintiff Any Discovery
Coming On July 26: Accelerated Case Resolution Webinar Before the Trademark Trial and Appeal Board
Reading Time: < 1 minute Those caught in costly trademark opposition and cancellation proceedings before the Trademark Trial and Appeal Board may be wondering how they might streamline their TTAB practice and achieve faster…Continue reading Coming On July 26: Accelerated Case Resolution Webinar Before the Trademark Trial and Appeal Board
How Brands May Navigate the Challenges Raised by ICANN’s Domain Name Expansion
Reading Time: 8 minutes Sometime in 2013 we may experience the largest expansion of the Internet namespace in history. On June 13, 2012, ICANN (the Internet Corporation for Assigned Numbers and Names)…Continue reading How Brands May Navigate the Challenges Raised by ICANN’s Domain Name Expansion
Andrew to Speak on July 10 at Webinar Sponsored by GOAL About ICANN’s New gTLDs
Reading Time: < 1 minute I will speak at a GOAL (Global Outsourcing Association of Lawyers) webinar on July 10, 2012 re one of the most significant changes to the Internet, ICANN’s expansion of…Continue reading Andrew to Speak on July 10 at Webinar Sponsored by GOAL About ICANN’s New gTLDs
As a result of Viacom v. YouTube the Future of the Red Flag Standard in DMCA Litigation Is Black
Reading Time: 4 minutesThankfully the Second Circuit in Viacom v. YouTube has reversed Judge Stanton’s see no evil, speak no evil opinion which had granted summary judgment to YouTube. But in response to…Continue reading As a result of Viacom v. YouTube the Future of the Red Flag Standard in DMCA Litigation Is Black
Andrew Berger to Speak at Intellectual Property and Technology Association at Cornell Law School on Brand Protection
Reading Time: < 1 minute Andrew will speak to the Intellectual Property and Technology Association at Cornell Law School on Tuesday evening March 26, 2012 on How Brands May Protect Themselves Against New Forms…Continue reading Andrew Berger to Speak at Intellectual Property and Technology Association at Cornell Law School on Brand Protection
What Copyright Management Information Does the DMCA Protect?
Reading Time: 4 minutes The genesis of this post is a recent copyright infringement case we handled that dealt with a relatively unexplored corner of the Digital Millennium Copyright Act (“DMCA), defendant’s removal…Continue reading What Copyright Management Information Does the DMCA Protect?
How to Protect Your Intellectual Property When Outsourcing
Reading Time: 4 minutesThinking about outsourcing? Take a deep breadth and you may want sit down till the thought passes. Many outsourcing arrangements fail for a variety of reasons and even when they…Continue reading How to Protect Your Intellectual Property When Outsourcing