CyberLaw.Info™ :: Intellectual Property Law, CyberLaw, Entertainment Law and Litigation
CyberLawyers, Intellectual Property Attorneys & Entertainment Litigators in Florida.

Judge Patel Gets Real
Posted by: admin on Wednesday, August 12, 2009 - 09:35 AM
CyberLaw On August 11, 2009, Judge Marilyn Hall Patel ruled against RealNetworks, Inc. and RealNetWorks Home Entertainment, Inc. ("RealNetworks") granting DVD Copy Control Association, Inc. ("DVD CCA") and several motion picture studios a preliminary injunction that prevents RealNetworks from selling or licensing its RealDVD software. See RealNetworks, Inc. et al. v. DVD CCA et al., Case No. C 08-04548 MHP (N.D. Ca. 2008). Click here to read the 58 page Order and Memorandum. The court found that RealNetworks' DVD copy software, which decrypts copy protection, violated the Digital Millennium Copyright Act and RealNetworks' contract with the DVD CCA.

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No Attorneys Fees For Dismissal Of Copyright Case
Posted by: admin on Sunday, August 09, 2009 - 09:34 AM
CyberLaw In Cadkin v. Loose, 569 F.3d 1142 (9th Cir. 2009), the Ninth Circuit held that a voluntary dismissal without prejudice does not confer prevailing party status for a claim brought under the Copyright Act. Accordingly, Defendant was not entitled to attorneys' fees under Section 505 of the Copyright Act which provides that the court may, in its discretion, award full costs, including reasonable attorneys’ fees, to the prevailing party in a claim arising under the Copyright Act. 17 U.S.C. § 505. The Court overruled Corcoran v. Columbia Broadcasting System, Inc., 121 F.2d 575, 576 (9th Cir. 1941) in light of Buckhannon Bd. & Care Home, Inc. v. W. Va. Dep’t of Health & Human Res., 532 U.S. 598, because “prevailing party” status turns on whether there has been a “material alteration of the legal relationship of the parties.” In Oscar v. Alaska Dep’t of Educ. & Early Dev., 541 F.3d 978, 981 (9th Cir. 2008), the Ninth Circuit recently held that a dismissal without prejudice does not alter the legal relationship of the parties in a similar fee shifting statute.

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Thomas Must Pay RIAA $1.92M
Posted by: admin on Friday, June 19, 2009 - 09:22 AM
CyberLaw In the retrial of RIAA v. Thomas, the Defendant was found guilty of willful infringement of copyright in the amount of $1.92M by a jury in a Minnesota federal court. This exceeded the first judgment by $1.7M. Obviously, two times is not a charm.

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Intel v. Psion Suit for Netbook Trademark Settled
Posted by: admin on Monday, June 01, 2009 - 09:20 AM
CyberLaw On June 1, 2009, Psion stated that it and Intel had "settled the trademark cancellation and infringement litigation brought in the Northern District of California relating to the 'Netbook' trademark registration. The litigation has been settled through an amicable agreement under which Psion will voluntarily withdraw all of its trademark registrations for 'Netbook.' Neither party accepted any liability. In light of this amicable agreement, Psion has agreed to waive all its rights against third parties in respect of past, current or future use of the 'Netbook' term."

See our prior article at:

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Google Adwords Violate Trademark Owner's Rights
Posted by: admin on Saturday, April 04, 2009 - 12:00 AM
CyberLaw The Second Circuit Court of Appeals in Rescuecom v. Google 06-4881-cv ruled on April 3, 2009, that a trademark owner can sue Google for trademark infringement for selling its mark as a keyword in the AdWords program. Read the decision here.

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Intel Files Dec Action for Use of the Mark Netbook
Posted by: admin on Wednesday, February 25, 2009 - 12:00 AM
CyberLaw On February 25, 2009, Intel filed suit in the Northern District of California for a declaratory judgment against Psion, purported owner of U.S. Trademark Registration No. 2404976 issued on November 21, 2000 for the mark Netbook for use in connection with laptop computers. Intel contends "that the term 'netbook' is a widely used generic term that describes a class of affordable computing devices, much like the term 'notebook' or 'ultra-mobile PC.'" Adding fuel to Intel's fire is that Psion did not file suit against Intel and others even though it was aware this mark has been used generically by them for the past few years. Additionally, Intel alleges that Psion has not used the mark since the year 2000 because their product wasn't successful and was discontinued. Psion did sue Google, which now disallows others to use their search engine advertising services for the term as a result of the said suit. Intel claims it is now suffering damages because of Google's position.

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File Sharing Without Actual Download Not Actionable
Posted by: admin on Friday, May 02, 2008 - 10:24 PM
CyberLaw On April 28, 2008, in Atlantic Recording Corp. et al. v. Howell (U.S. District Court, Arizona, Case No. CV-06-02076-PHX-NVW), Judge Neil V. Wake entered an order denying the RIAA's motion for summary judgment because "merely making copies available does not constitute distribution." Specifically, the court held that the mere act of saving copies of works to the shared folder of a file sharing application, thus making them available for download by anyone, did not constitute distribution in violation of the copyright act. Actual download by a third party is necessary. Read the order here.

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Bills to curb cyber-bullying raise free-speech concerns
Posted by: admin on Tuesday, February 05, 2008 - 08:24 AM
CyberLaw By Kathleen Fitzgerald, SPLC staff writer
at 2008 Student Press Law Center
February 4, 2008

Legislators in several states this year have proposed or reintroduced bills to protect students from cyber-bullying, giving school administrators a role in combating what they see as a new wave of electronic harassment. While some feel this will protect students, First Amendment advocates worry the policies will infringe on students' rights.

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Dreamworks and Paramount Sued By Beeceuticals Over Bee Movie Slogan
Posted by: admin on Thursday, November 01, 2007 - 07:35 PM
Entertainment Law Paramount Pictures Corp. and DreamWorks Animation SKG Inc., makers of the animated film "Bee Movie,'' were sued by a honey-products company over claims they copied the firm's "Give Bees A Chance'' slogan.

Click here to view the story.

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Computer Fraud and Abuse Act
Posted by: admin on Friday, September 28, 2007 - 05:59 AM
CyberLaw When company data is stolen or maliciously destroyed, the modern cause of action is the federal Computer Fraud and Abuse Act (CFAA), 18 U.S.C. 1030, a criminal statute that expressly provides for a civil action for damages and injunctive relief for anyone "who suffers damage or loss by reason of a violation of" the statute. 18 U.S.C. 1030(g).

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CyberLaw Offices

Elliot Zimmerman, P.A.

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CyberLaw.Info (tm): CyberLaw, Internet Law, Entertainment Law, Music Law. Board Certified Intellectual Property Lawyer. Rated AV by Martindale-Hubbell. Personal Injury Law, Insurance Law and Litigation. CyberLaw Attorney, Internet Lawyer, Entertainment Lawyer, Music Lawyer, Personal Injury Lawyer, Insurance Lawyer and Litigator Serving Fort Lauderdale, Boca Raton, Weston, Plantation, Hollywood, Hallandale, Pompano Beach, Delray Beach, Boynton Beach, Palm Beach, Aventura, Miami, and Southeastern Florida (Broward County, Palm Beach County and Dade County) since 1981.

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