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In the recent IRS vs. Worldcom decision, the Court of Appeals Second Circuit reversed the denial of a $38 Million communications excise tax the IRS previously collected. In Worldcom’s bankruptcy proceeding, the IRS had been ordered to refund the excise tax to Worldcom’s bankruptcy estate. The issue for the Court of Appeals: Whether Worldcom’s purchase … More Cyberlaw: 2nd Circuit Oks IRS Modem Excise Tax
The two iconic brands faced off recently in the Court of Appeals Federal Circuit over stitching. The appeal resulted from the Trademark Trial and Appeals Board “TTAB’s” decision to throw out Levi’s Opposition and Cancellation Proceedings against Abercrombie & Fitch “A&F” based upon “been there, done that” litigation at the District Court for the Northern … More S“Tit”ch for Tat Trademark War Pits Levi vs. A&F
This week the US Court of Appeals Second Circuit issued Google a reprieve from class action certification. Google was alleged by the Authors Guild to have committed copyright infringement by copying and displaying “snippets” of millions of books in the Library Project of its Google Books search tool. The parties had reached an earlier settlement … More Google Wins Class Action Reprieve
Ambiguity in a contract never favors the drafting party. This basic principle of contract law came back to bite Marvel Comics in a recent Court of Appeals Second Circuit decision, Friedrich v. Marvel, regarding copyright renewal. Gary Friedrich, Plaintiff, allegedly authored or at least co-authored a series of stories and screenplay depicting the fictional Ghost … More When “Forever” Is Not Forever
Clients of my practice usually either have a website or are planning to get one. From an intellectual property “IP” standpoint, the developer agreement is critical to ensure the right content and code necessary for your business to attract clients and customers. There are many terms to consider including project scope, testing, hosting, ownership, payment … More Essential Points of Web Developer Agreements
Everyone knows Oprah Winfrey. Attractive, eloquent and charismatic, she’s a brand unto herself. However, she recently came out on the short end of the stick in a trademark dispute with Simone Kelly-Brown, the owner of the registered service mark “Own Your Power.” Oprah’s media empire had used this phrase in a number of publications, at … More Oprah Loses “Own Your Power” Trademark Skirmish
In a precedential decision, the Court of Appeals, 3rd Circuit, reversed a New Jersey District Court that had granted a Summary Judgment to Defendant Electronic Arts, Inc. “EA” in a video game dispute with the Plaintiff, former Rutgers quarterback, Ryan Hart. Hart played for Rutgers from 2002-2005 taking the Scarlet Knights to the Insight Bowl … More Right of Publicity Trumps 1st Amendment in Hart Case
Google sells keywords to advertisers that involve the trademarks of competitors often bringing rise to claims for trademark infringement. The latest case attesting to the futility of bringing suits on this basis is General Steel v. Chumley where the Federal District Court in Colorado sided with the Defendant on the trademark claims based on keyword … More Defendant Prevails In Trademark Lawsuit Over Keyword Advertising
Defendants Medallion Foods, Inc. and Ralcorp Holdings, Inc. scored a jury verdict against Plaintiff Frito Lay on a variety of infringement claims. The Frito Lay claims were for trademark infringement, trade dress infringement, unfair competition and dilution under the United States Trademark (Lanham) Act, 15 U.S.C. § 1051, et seq. (as amended); and for patent … More Frito Lay Scooped On Infringement Claims
According to the Court of Appeals Ninth Circuit, Plaintiff did not have standing, the legal jurisdictional requirement necessary to sue the alleged copyright infringing Defendants in the case of Righthaven LLC v. Hoehn. Plaintiff Righthaven LLC was founded, according to its charter, to identify copyright infringements on behalf of third parties, receive “limited, revocable assignments” … More Limited Copyright Assignment For Lawsuit Not Valid
William Tennant 
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