International Trademark Protection

The U.S. has been a party to the Madrid System, which allows international registration of marks with a single application in the U.S. PTO, since November 2, 2003. The Madrid System is governed by the Madrid Protocol (1891) and WIPO. As a prerequisite to obtaining an international registration in the U.S. PTO under the Madrid System, the mark must be pending or registered in the U.S. PTO. Subsequently, international registration can be made, prosecuted and Continue reading International Trademark Protection

2 Found Guilty of 3 Felony Spam Counts in VA

Jeremy Jaynes, 30, and his sister Jessica DeGroot, 28, both of the Raleigh, North Carolina, area were both found guilty of three felony charges each for using phony Internet addresses to send large volumes of e-mail ads through an AOL server in Loudoun, Virginia. The jury recommended 9 years in prison for Jaynes, and $7500 in fines for DeGroot for violating Virginia’s anti-spam laws. Read the article at The Washington Post (registration required).

MPAA to Sue P2P Movie File Sharers

The Motion Picture Industry of America is getting to ready to launch a series of copyright infringement suits against illegal P2P movie file sharers. Videotaped copies of films in theaters often are digitized or burned off DVDs and then distributed on file-sharing networks accessed with software programs like eDonkey, Kazaa and Grokster. Read the article at U.S.A. Today.

Court Requires ISPs to Notice P2P Suspects of Subpoena

A district court in eastern Pennsylvania has issued an order forcing ISPs to first send their customers detailed notices about the subpoenas, including information about how the accused suspects can contest the subpoenas. Read the article here.

ASCAP Gives Radio Internet Simulcast Rights

The American Society of Composers, Authors and Publishers announced on October 18, 2004. that it has reached a 1.7 billion dollar deal with the Radio Music License Committee to let stations simulcast their on-air content over the Internet. Read the article at CNet News.

Supreme Court Refuses To Hear Verizon Appeal

In December, 2003, the U.S. Court of Appeals for the District of Columbia overturned an earlier lower-court ruling allowing the RIAA et al. to use a provision in the controversial Digital Millennium Copyright Act of 1998 to subpoena the names of suspected P2P file sharers from Verizon, an ISP. Read that decision here. On Tuesday, October 12, 2004, the Supreme Court refused to hear the appeal, letting the appellate decsision stand.

Alleged Spyware Scammers Sued By FTC

In the first case filed against alleged spyware scammers, the FTC charged Seismic Entertainment Productions, Smartbot.Net, and Sanford Wallace with secretly installing spyware on computers causing unstoppable myriads of pop-up ads to be displayed, then sending messages advising “Spy Wiper” or “Spy Deleter” had to be bought for $30 to stop the infection. The U.S. District Court for the District of New Hampshire has been asked to grant a TRO enjoining this alleged scam. Read Continue reading Alleged Spyware Scammers Sued By FTC

BNetD Servers Infringe Blizzard’s Copyrights

Blizzard, creator and seller of such popular computer games as “StarCraft,” “StarCraft: Brood War,” “WarCraft II: Battle.net edition,” “Diablo,” and “Diablo II: Lord of Destruction,” sued two individual defendants who are computer programmers, and a systems administrator, for releasing BNetD servers, which allow Blizzard’s games to be played in multiplayer mode over the internet. Blizzard contended, inter alia, that defendants, who admitted reverse engineering Blizzard’s software, infringed Blizzard’s copyrights in their own software and server, Continue reading BNetD Servers Infringe Blizzard’s Copyrights