Category: Business Law

General Business Counsel

Contributory Copyright Infringement By Inducement

March 25, 2013

Another recent 9th Circuit Court of Appeals case addressed contributory copyright infringement, in this case under the theory of inducement. Here, the Plaintiff movie studios sued the Defendant for maintaining websites that induced third parties to download infringing copies of the studios copyrighted works. The Federal District Court granted an injunction at the Summary Judgment … More Contributory Copyright Infringement By Inducement

Attorneys’ Fees Awarded in Fair Use Litigation

March 19, 2013

Some lessons are learned the hard way. Recently SOFA Entertainment Inc. “SOFA” was taxed attorneys’ fees and costs in the amount of $155,000 as a result of their losing copyright infringement lawsuit. Plaintiff SOFA had brought suit against Defendant Dodger Productions Inc. “Dodger” for its use of a 7-second clip of the Four Season’s ’60s … More Attorneys’ Fees Awarded in Fair Use Litigation

Copyright Infringement Requires Copying

March 13, 2013

Sounds simple enough, but finding evidence to prove actual copying is oftentimes elusive. A recent case published from 4th Circuit, BUILDING GRAPHICS v. LENNAR CORP, determined proof of access for copying protected materials as being a linchpin for copyright infringement. Plaintiff Building Graphics, Inc., a Charlotte based architecture firm, appealed from a Summary Judgment “SJ” … More Copyright Infringement Requires Copying

Negative Goodwill: The Law Of Unintended Consequences

March 6, 2013

Today, I’ll address a concept in business that I’ve labeled negative goodwill. An important concept in trademark law and business, goodwill is that intangible benefit a business derives from its reputation for providing quality products and services that consistently deliver the value promised.  An added feature of the branded product or service is the goodwill … More Negative Goodwill: The Law Of Unintended Consequences

Non-Disclosure Agreement: So What’s The Point?

February 14, 2013

Clients often are concerned, and rightly so, about disclosing their ideas, plans, business models, etc. to potential partners and investors. Oftentimes I’m asked to prepare, or more often download one of the many forms online, a non-disclosure agreement “NDA.” This agreement usually sets forth various terms with regard to the use of any information or … More Non-Disclosure Agreement: So What’s The Point?

Immoral, Scandalous and Deceptive Marks Refused TM Registration

February 8, 2013

Recent refusal of the USPTO, upheld by the Trademark Trial and Appeal Board “TTAB” and affirmed by Court of Appeals Federal Circuit “CAFC”, to register a mark branding a rooster lollipop suggests that an arcane bit of trademark law still holds sway. Ms. Fox sought a two word trademark consisting of the common slang term … More Immoral, Scandalous and Deceptive Marks Refused TM Registration

Prior Art Defeats Electronic Commerce Patent Claims

January 29, 2013

An interesting Electronic Commerce “EC” patent case was recently decided by the Court of Appeals Federal Circuit “CAFC” overturning a patent infringement verdict and vacating a $2.5 M damage jury award. The Plaintiff, Soverain, bought the patents and all rights to the Transact software electronic commerce platform “Transact” in a bankruptcy sale and sought to … More Prior Art Defeats Electronic Commerce Patent Claims