David Gryce's IP BlogOn August 3, 2011, the Ninth Circuit eliminated a seminal presumption upon which copyright claimants have relied for years. Prior to August 3, a showing of a likelihood of success on the merits of a copyright infringement claim triggered a presumption of irreparable harm in support of a request for preliminary injunctive relief. In Perfect 10 v. [...]
On July 27, 2011, the Washington D.C. Chapter of the Copyright Society assembled a panel to debate critical copyright issues framed in the Viacom v. YouTube appeal before the US Court of Appeals for the Second Circuit. For details, see http://www.csusa.org/chapters_dc_area.cfm. This is a war of epic proportions. Depending on what side is speaking - and believe me there are [...]
Virtually every business outside of the porn industry is anxiously attempting to avoid being part of ICM Registry’s “.xxx” world and, perhaps more importantly, preventing the business’s trademarks from misappropriation by a ne’er-do-well cybersquatter. Well, in September, trademark owners will get their chance during the “Sunrise B” brand protection program period. A detailed policy announcement is due next [...]
When thinking about intellectual property, it is easy to get lost in the detail. Almost everything in the commercial world has an IP aspect to it: web content is awash in copyrights; product labels are replete with trademarks; technological advances are adorned with patent numbers; and EVERY business has its trade secrets. Moreover, every form of IP [...]
The United States Appellate Court for the Second Circuit has recently ruled in two cases involving infringement of copyrights in music – one case providing copyright owners with a tool against infringers, and the other limiting what a successful plaintiff might expect in the form of a damage award. According to the Court in Arista [...]
Two similar battles, one war. One battle – copyright ownership versus web freedom. The other – “hot news” versus web freedom. The war – will purveyors of web freedom or content owners prevail in an economy that is evolving around our insatiable appetite for fresh – and FREE – content? YouTube and Google are accused of [...]
