• Archives

  • Blog Title: Intellectual Property and Technology Law

    Getty Images Sued for Allegedly Seeking Licensing Fees for Photographs Available for Free Public Use

    Getty Images, a well-known stock photo agency used by many news and publishing outlets, has been sued in the Southern District of New York for allegedly seeking licensing fees from individuals and corporations for the use of photographs previously made available for free public use. A number of other stock photo agencies have also been […]

    Don’t Be Unreasonable: U.S. Supreme Court Sets the Standard for Awarding Attorneys’ Fees in Copyright Cases

    You have just received a cease and desist letter related to something that was posted on your company’s website.  Some person that you’ve never heard of before is threatening to sue you for thousands of dollars for copyright infringement unless you purchase a license or agree to a settlement for some amount of money.  You […]

    Second Circuit Reinforces the Scope of the Digital Millennium Copyright Act’s Safe Harbor Provision

    In Capitol Records LLC v. Vimeo, LLC, the Second Circuit issued a decision clarifying the Digital Millennium Copyright Act’s (“DMCA”) safe harbor provision, which protects certain Internet service providers from liability for copyright infringement when a user of the service provider’s website posts infringing content on the site. The ruling also discussed what constitutes knowledge […]

    What Your Employees Download Can Cost You Protecting Against Copyright Infringement

    Liability for copyright infringement can be a very costly matter.  The scary part for businesses is that liability for copyright infringement can arise very easily and often without the knowledge or participation of management.  Something as simple as an employee downloading a report through an expired subscription it had access through by way of its […]

    Do You Notice Your Trademarks and Copyrights?

    One very simple, but important, part of protecting your rights in your trademarks and copyrights is providing proper notice.  Using the proper notice symbols in connection with your trademarks and copyrights puts the world on notice that you are claiming exclusive rights in your intellectual property and can serve a very valuable evidentiary purpose should […]

    Is Ashley Madison abusing the Digital Millennium Copyright Act in the Wake of Hack?

    In July, a group of hackers identifying themselves as the Impact Team took over the computer systems of Avid Life Media (“ALM”), the parent company of the adultery-oriented website Ashley Madison, threatening to release the names and personal information of over thirty million users of the site. This data—which includes street addresses, email addresses, birthdates, […]

    United States and Canada Respond to ICANN’s Concerns over the “.sucks” Domain

    In April 2015, the General Counsel of the Internet Corporation for Assigned Names and Numbers (“ICANN”) sent a letter to the United States’ Federal Trade Commission (the “FTC”) and Canada’s Office of Consumer Affairs (the “OCA”), requesting that the FTC and OCA investigate whether Vox Populi, the owner of the “.sucks” top-level Internet domain, was […]

    Trademark Tacking: An Overview

    On January 21, 2015, in the case Hana Financial, Inc. v. Hana Bank, the United States Supreme Court determined that, when there is a question as to whether two trademarks can be tacked for purposes of determining priority, that question should be decided by a jury.  This, of course, raises the question:  what is trademark […]

    What is a Trademark Squatter?

    Imagine that you own a U.S. based brand that you have diligently registered with the U.S. Patent and Trademark Office. As you watch your domestic sales skyrocket you begin to realize that overseas markets hold unique opportunities that you feel your brand is ready to explore. After careful consideration and research you take the initial […]

    Evidence of Likelihood of Confusion: A Brief Overview

    When attempting to prove a trademark infringement claim the fundamental inquiry is whether the defendant’s use of its mark is “likely to cause confusion, or to cause mistake, or to deceive.” 15 U.S.C.A. § 1114(1). The “likelihood of confusion” test serves as the foundation of a trademark infringement case. But how do you prove likelihood […]