IP & Technology Law Trends
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Copyright Office Requiring New DMCA Agent Designation by Year’s End
The Digital Millennium Copyright Act (DMCA) provides limited immunity from copyright infringement claims to certain types of websites and other online service providers. To qualify for such safe-harbor immunity, such providers must designate an agent...
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Two New Right of Publicity Decisions Heighten First Amendment Tension
We go for months with nothing but the slightest right of publicity kerfuffle here and there; and then, in the space of less than two weeks, we get two major appellate decisions. Both the Eighth and Ninth Circuit Courts of Appeal recently handed down...
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Ninth Circuit to Copyright Owners: Consider Fair Use Before Submitting DMCA Notices
A recent decision by the Ninth Circuit Court of Appeals in Lenz v. Universal Music answered a question that it seems nobody has asked until now: Is it necessary to consider fair use before submitting a takedown notice under the Digital Mill...
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TTAB Proceedings Remain Effective Enforcement Tool Following B&B Hardware v. Hargis
Much has been written regarding the recent US Supreme Court decision in B&B Hardware v. Hargis. For a detailed background and analysis of the opinion, check out the SCOTUS blog summary. In short, the Court held that a US Trademark Trial and Appea...
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