When Mandatory Arbitration Is Optional (2008)
Wednesday, 05 November 2008
To resolve disputes and avoid costly litigation, many companies are relying on mandatory arbitration clauses in their contracts. Disputes are inevitable and a cost of doing business, and the rising cost of lawsuits has becoming staggering. Against this backdrop, in the context of an otherwise garden-variety software copyright infringement suit, the Sixth Circuit recently bypassed
- Published in Agreement Construction, Arbitration, Contracts, Copyright Arbitration, Copyright Law, Intellectual Property Law
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Fair Housing Council v. Roommates.com: Ninth Circuit Creates Dangerous New Standard For Website Content Liability (2008)
Tuesday, 05 August 2008
In a case with far-reaching implications for interactive websites and other online service providers, the U.S. Court of Appeals for the Ninth Circuit, in Fair Housing Council v. Roommates.com, (No. 04-57173, 9th Cir. 2008), recently stripped the defendant website’s conduit immunity under the Communications Decency Act of 1996 [CDA], concluding that the site had materially
Marilyn Monroe: Trade Dress From Whole Cloth? (2007)
Monday, 05 November 2007
Ideas and concepts, other than those that are not obvious and may be subject to patent protection, are generally freely available to all. Trademark protection usually extends only to the owner’s use of a particular mark, including any logo or image. Yet a judge in the Northern District of California held recently that a trade dress owner
- Published in Copyright Law, Intellectual Property Law, Marilyn Monroe, Trade Dress, Trademark Law, Visual Images
Copyright Record Rental Exception Applies Only To Musical Works (2007)
Thursday, 05 July 2007
In a recent case of first impression, the Sixth Circuit decided in Brilliance Audio, Inc. v. Haights Cross Communications, Inc., No. 05-1209 (6th Cir. 2007) that the record rental exception to the first sale doctrine, in section 109 of the Copyright Act, applies only to sound recordings of musical works. The decision is also interesting for its
