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Showing 46 posts in Intellectual Property.

Supreme Court Examines Where Proper Venue Lies for Patent Infringement Lawsuit

PatentThe Supreme Court recently decided a case involving the patent venue statute 28 U. S. C. §1400(b). The case, TC Heartland v. Kraft Foods Group Brands, No. 16-341, concerned flavored drink mixes made by TC Heartland, which is based in Indiana. Kraft sued it claiming patent infringement in Delaware, which has a high concentration of patent suits. Read More ›

Categories: Intellectual Property, Patents

Big Hollywood Studios Win Injunction Against Streamer VidAngel in Copyright Infringement Case

A big legal battle has been breVidAngel Logowing between upstart video streamer VidAngel and Hollywood heavyweights Disney, Warner Bros., and 20th Century Fox. So far, the studios have scored a clean knockdown, if not a knockout.

VidAngel describes itself as a family-friendly video streamer that allows users the ability to filter language, nudity and violence from movies and TV shows. Its business model involves selling new movies to customers for $20, allowing customers to select which snippets of content to edit out, and then buying movies back for $19. The price VidAngel will pay to buy back the content diminishes by a dollar for each day the buyer keeps it. In other words, VidAngel does not license the movies from the studios who hold the copyrights to the content like, for example, Netflix does.

The big studios took notice, and in June filed suit, alleging that VidAngel was operating as an “unlicensed [video on demand] streaming service.” Among other claims, the studios requested that the court grant an injunction blocking VidAngel from continuing to stream films. VidAngel fired back with counterclaims alleging antitrust violations by the studios. Read More ›

Categories: Copyright, Intellectual Property, Technology

5 Tips for Investigating and Purchasing Cyber Insurance

In 2016 Lansing, MI's Board of Water and Light fell victim to a cyber-attack that resulted in $2.4 million in costs, including a $25,000 ransom paid to the perpetrators. In the aftermath of the breach, BWL announced that it was filing for a $1.9 million insurance claim under its cyber insurance policy, including $2 million in covered losses, less a $10,000 deductible.

There is a lot at stake for businesses when it comes to cyber-crime, which is why more and more businesses are investigating and purchasing cyber insurance to hedge against the risks associated with cyber security and data privacy. Read More ›

Categories: Intellectual Property, News, Privacy, Technology

Action Required to Keep Your DMCA Safe Harbor Protection

The U.S. Copyright Office recently implemented new rules (the “Rules”) governing the designation and maintenance of Digital Millennium Copyright Act (“DMCA”) agent information under a new electronic system. The Rules went into effect on December 1, 2016, so electronic designations should be filed as soon as possible. Service providers who fail to submit electronic designations will be ineligible for the safe harbor protections from copyright-infringement liability provided by the DMCA. Read More ›

Categories: Copyright, Intellectual Property, News

Lights, Camera, Action: Legal Considerations for the Entertainment Industry

legal considerationsOrganizations within the entertainment industry have a unique set of legal considerations. To better understand these considerations, Attorney John Mashni is presenting an introductory and advanced level course on the "Legal Aspects of a Feature Film," and a course on "The Law of Music" to the NALA Paralegal Association at their annual conference and expo. The NALA annual conference is taking place in Las Vegas July 13 through July 15. Read More ›

Categories: Copyright, Intellectual Property

Employers Should Audit and Update Employment-Related Policies and Agreements in Light of New “Defend Trade Secrets Act”

employment-related policiesPresident Obama recently signed the Defend Trade Secrets Act (the “Act”) into law. The Act creates a new cause of action - which became effective immediately - for trade secret misappropriation.

Prior to the Act, civil claims for trade secret misappropriation were primarily governed by state law. The Act creates federal jurisdiction for claims brought under the Act, which provides plaintiffs with the option to sue in federal court. Read More ›

Categories: Employment, Intellectual Property, Trade Secrets

Copyright Basics: 3 Tips for Small Businesses

When it comes to copyrights, there are several common mistakes small businesses can make. If you are putting together marketing materials or a website and you download a photo online, often times that photo is protected by a copyright and is owned by someone else. This could lead to copyright infringement. Learn about a few other common copyright mistakes in the video below.

Categories: Copyright, Intellectual Property

What is a Trademark?

What is a trademark? A trademark is the identity that you have in the marketplace specifically associated with your goods or services. Any name, phrase, identity, symbol or logo your company uses in conjunction with selling your goods and services is a trademark. There are two types of trademarks. Learn more in the short video below.


Categories: Intellectual Property, Trademarks

Intellectual Property: Copyrights

Business owners need to understand copyrights. The video below continues Foster Swift's Legal Basics for Business Video Series by explaining the basics of copyrights. Learn more about copyrights and how they are important to your business in this short video clip.

Categories: Copyright, Intellectual Property

YouTube Will Pay Content Creators’ Legal Fees in Defense Of Fair Use

fair useTech continues to test the elasticity of the law and use case precedent as its own disruptor. The Google Goliath, YouTube, is moving forward to pay several video content creators’ legal fees in copyright infringement disputes that use the defense of fair use.

A copyright is an expression of an original idea through words, music, pictures, computer programs, or any other method conveying ideas as works of authorship. The copyright is governed by federal law and is, unlike many of our laws, explicitly identified in the U.S. Constitution. A copyright gives authors the exclusive control of their works of authorship, including derivative rights. An author controls whether or not the copyright – work of authorship - may be used or displayed.

There is, currently, one minor exception: fair use. Read More ›

Categories: Copyright, Intellectual Property