IP & Technology Law Trends
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U. S. Supreme Court Will Decide What It Means to “Register” a Copyright
In this 2018-19 term, the United States Supreme Court will hear arguments on an issue that has long divided copyright attorneys and the courts that hear their cases. Under the Copyright Law, Section 411(a), a copyright owner may not bring an infringe...
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And Away We Go…UK Information Commissioner’s Office Issues First Formal Notice Under the GDPR
Since the EU’s General Data Protection Regulation (GDPR) went into effect, we have been anxiously awaiting enforcement activities that would indicate regulator priorities. The waiting is over. It was recently reported that the UK Information Commissi...
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FBI Calls Out Data Privacy and Security Risks with Educational Technology
Educational technology (“EdTech”) such as unified communications programs, educational software, and networked devices has become an integral part of education due to its ability to help educators, students, and institutions manage information, provi...
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Give Me Liberty, or Give Me Death? Supreme Court May Resolve Circuit Split on Effect of Rejection of Trademark Licenses in Bankruptcy
It might sound odd to the ears of an intellectual property lawyer, but trademarks are not intellectual property—as defined in Section 101(35A) of the Bankruptcy Code, anyway. The significance of the omission of trademarks from this definition is that...
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Ninth Circuit Says Having an IP Address is Not Enough for Infringement: Cobbler Nevada v. Gonzales
Aug 30, 2018
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Anyone with an internet connection can find copyrighted content to download—legally or illegally. But the Ninth Circuit has now held that the mere fact that a rightsholder can show an individual is connected to the IP address through which illegal do...
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Oregon Court of Appeals Allows Enforcement of a Covenant Not to Compete by Narrowing the Meaning of “Customers”
Last week, the Oregon Court of Appeals issued its opinion in Oregon Psychiatric Partners, LLP v Henry, 293 Or App 471 (2018). The opinion is a helpful reminder that a court retains the power to use its "blue pencil" to convert an unenforceable provis...
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