Tag Archives: secondary liability

GW Design Law: Ecommerce remedies

AFTERNOON SESSION 1: Design Patents & Ecommerce Moderator: Judy Yee, Microsoft Howard Hogan, Gibson, Dunn & Crutcher: Counterfeiting is a growing problem, but sometimes they don’t use a copyrighted work of authorship but are still selling a knockoff of a … Continue reading

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Celebrity spokesperson isn’t directly liable under California consumer protection law

Luman v. Theismann, 647 Fed.Appx. 804 (9th Cir. 2016) Plaintiffs sued NAC Marketing Company and Joe Theismann for their advertising statements about NAC’s Super Beta Prostate product, bringing warranty claims as well as the usual California statutory claims.  Because one … Continue reading

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ISP fails to dismiss (c) and CMI claims based on watermarked photo

Goldstein v. Metropolitan Regional Information Systems, Inc., 2016 WL 4257457, No. TDC-15-2400 (D. Md. Aug. 11, 2016) Goldstein is a professional photographer who registered a copyright in a 2007 photograph he took of the Silver Spring Metro Station, which appears … Continue reading

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Judge McKeown on copyright, and responses (including mine)

Hon. M. Margaret McKeown,  Censorship in the Guise of Authorship: Harmonizing Copyright and the First Amendment, 15 Chi.-Kent J. Intell. Prop. 1 (2016) Margaret Chon, Copyright’s Other Functions, 15 Chi.-Kent J. Intell. Prop. 364 Edward Lee, Suspect Assertions of Copyright, … Continue reading

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EFF/OTW/library/etc. comments on Copyright Office proposal on DMCA registration renewals

Read them here.  The Copyright Office has indicated, unwisely, an intent to make DMCA registrants re-register every three years, which will set up another hurdle for ISPs and encourage copyright trolls. from Blogger http://ift.tt/28T3w9h

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How it works: Understanding Copyright Law in the New Creative Economy

Re:create Coalition’s How It Works: Understanding Copyright Law in the New Creative Economy Alex Feerst, Corporate Counsel, Medium: Medium strives to present a range of options for community-driven and commercial and in-between writing. Porous: some writers have found ways into … Continue reading

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Copyright Office NPRM indicaties desire to strip sites of 512(c) protection

Eric Goldman explains here.  We already could tell that the Office was interested in shrinking the safe harbors; apparently the Office wants to do that in part by purging the list of registered DMCA agents every three years.  As someone … Continue reading

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Who’s responsible for Amazon product detail pages for TM and (c) purposes?

Oriental Trading Company, Inc. v. Yagoozon, Inc., 2016 WL 2859603, No. 13CV351 (D. Neb. May 16, 2016)   This is a pretty interesting dispute because it suggests that Amazon’s business practices may be exposing certain entities who sell through Amazon … Continue reading

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Copyright Office 512 Roundtable: Open Mic

Official description: Panelists from previous sessions and observers may sign up at the roundtable to comment on topics discussed during earlier panels or raise and discuss other pertinent issues.   David Green, NBC Universal: what should the Office do at … Continue reading

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Copyright Office 512 Roundtable: Future of 512

(In homage to Jonathan Zittrain, I am giving this panel the nickname, The Future of the Internet and How To Stop It)   Official description: General trends, including notice volume and other relevant empirical data; scalability and future viability of … Continue reading

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