Kaleidescape Ruling Overturned

On August 12, 2009, just one day after Judge Marilyn Hall Patel ruled against RealNetworks, Inc. and RealNetWorks Home Entertainment, Inc. (“RealNetworks”) granting DVD Copy Control Association, Inc. (“DVD CCA”) and several motion picture studios a preliminary injunction that prevents RealNetworks from selling or licensing its RealDVD software [RealNetworks, Inc. et al. v. DVD CCA et al., Case No. C 08-04548 MHP (N.D. Ca. 2008)], the California Court of Appeals for the Sixth Appellate District Continue reading Kaleidescape Ruling Overturned

Judge Patel Gets Real

On August 11, 2009, Judge Marilyn Hall Patel ruled against RealNetworks, Inc. and RealNetWorks Home Entertainment, Inc. (“RealNetworks”) granting DVD Copy Control Association, Inc. (“DVD CCA”) and several motion picture studios a preliminary injunction that prevents RealNetworks from selling or licensing its RealDVD software. See RealNetworks, Inc. et al. v. DVD CCA et al., Case No. C 08-04548 MHP (N.D. Ca. 2008). Click here to read the 58 page Order and Memorandum. The court found Continue reading Judge Patel Gets Real

No Attorneys Fees For Dismissal Of Copyright Case

In Cadkin v. Loose, 569 F.3d 1142 (9th Cir. 2009), the Ninth Circuit held that a voluntary dismissal without prejudice does not confer prevailing party status for a claim brought under the Copyright Act. Accordingly, Defendant was not entitled to attorneys’ fees under Section 505 of the Copyright Act which provides that the court may, in its discretion, award full costs, including reasonable attorneys’ fees, to the prevailing party in a claim arising under the Continue reading No Attorneys Fees For Dismissal Of Copyright Case

Thomas Must Pay RIAA $1.92M

In the retrial of RIAA v. Thomas, the Defendant was found guilty of willful infringement of copyright in the amount of $1.92M by a jury in a Minnesota federal court. This exceeded the first judgment by $1.7M. Obviously, two times is not a charm.

Intel v. Psion Suit for Netbook Trademark Settled

On June 1, 2009, Psion stated that it and Intel had “settled the trademark cancellation and infringement litigation brought in the Northern District of California relating to the ‘Netbook’ trademark registration. The litigation has been settled through an amicable agreement under which Psion will voluntarily withdraw all of its trademark registrations for ‘Netbook.’ Neither party accepted any liability. In light of this amicable agreement, Psion has agreed to waive all its rights against third parties Continue reading Intel v. Psion Suit for Netbook Trademark Settled

Google Adwords Violate Trademark Owner’s Rights

The Second Circuit Court of Appeals in Rescuecom v. Google 06-4881-cv ruled on April 3, 2009, that a trademark owner can sue Google for trademark infringement for selling its mark as a keyword in the AdWords program. Read the decision here.

Intel Files Dec Action for Use of the Mark Netbook

On February 25, 2009, Intel filed suit in the Northern District of California for a declaratory judgment against Psion, purported owner of U.S. Trademark Registration No. 2404976 issued on November 21, 2000 for the mark Netbook for use in connection with laptop computers. Intel contends "that the term ‘netbook’ is a widely used generic term that describes a class of affordable computing devices, much like the term ‘notebook’ or ‘ultra-mobile PC.’" Adding fuel to Intel’s Continue reading Intel Files Dec Action for Use of the Mark Netbook

File Sharing Without Actual Download Not Actionable

On April 28, 2008, in Atlantic Recording Corp. et al. v. Howell (U.S. District Court, Arizona, Case No. CV-06-02076-PHX-NVW), Judge Neil V. Wake entered an order denying the RIAA’s motion for summary judgment because “merely making copies available does not constitute distribution.” Specifically, the court held that the mere act of saving copies of works to the shared folder of a file sharing application, thus making them available for download by anyone, did not constitute Continue reading File Sharing Without Actual Download Not Actionable

Bills to curb cyber-bullying raise free-speech concerns

By Kathleen Fitzgerald, SPLC staff writer at 2008 Student Press Law Center February 4, 2008 Legislators in several states this year have proposed or reintroduced bills to protect students from cyber-bullying, giving school administrators a role in combating what they see as a new wave of electronic harassment. While some feel this will protect students, First Amendment advocates worry the policies will infringe on students’ rights. Craig L. Rice, a Democratic delegate in Maryland, introduced Continue reading Bills to curb cyber-bullying raise free-speech concerns