Why Register Patents in the “Start-up Nation” – ipstrategy.com. By Jeremy M Ben-David, at JMB Davis Ben-David Generally speaking, patents are registered in Israel not because of the market size, but in spite of it. In their book Start-up Nation originally published in 2009, authors Dan Senor and Saul Singer explain how Israel, a country with few natural resources and a population of little more than 7 million people, has become a major force in global business, especially technology. A variety of sources have written about the Israeli high tech miracle. Two examples: In a review of Start-up Nation in November 2009 the Wall Street Journal stated that 63 Israeli companies were listed on NASDAQ.
This is more than any country outside the United States. According to the Israel Patent Office an estimated 7,000 patent applications are filed in Israel annually. The list of the leading foreign companies filing multiple applications in Israel last year starts with Raytheon, F. The Israel Patent system is user friendly and flexible Language. Like this:
Internet Lawyer: DBLG: There are simply far too many cases (without writing a case book) to do this summary justice. Therefore, what follows are widely recognized cases that illustrate important concepts in copyright law. The cases are listed by category, although the selection of categories is somewhat arbitrary and a particular case can, and often does, fit into more than one. The idea is to provide a brief one or two sentence summary of the holding/rule and then to point to the full text of the opinion where available. As practical consideration, please take note that many of the cases have "big name" plaintiffs and defendants.
Copyrightable Subject Matter Case: Baker v. Case: Morrissey v. Case: Roth Greeting Cards v. Case: Apple Computer v. Case: Brandir International v. Case: Lotus v. Case: Computer Associates v. Copyright Ownership & Other Enforceable Rights Case: Nichols v. Case: Arnstein v. Case: Steinberg v. Case: Anderson v. Case: Community for Creative Non-Violence (CCNV) v. Case: Aalmuhammed v. Garret Wilson > Education > Institutions > USF > Law > Intellectual Property > Cases. Pyright Litigation Blog: UMG v. Veoh: Response to Eric Goldman: Fed.R.Civ.P. 68 Applies To Copyright Cases. Eric Goldman writes that Veoh Denied Attorneys' Fees in UMG v. Veoh. He queries Does FRCP 68 Apply to Copyright Cases? He thinks that the judge got it wrong in denying attorneys fees AND denying fee-shifting in UMG Recordings, Inc. v. Veoh Networks, Inc., 2010 WL 1407316 (April 6, 2010). I think he's right, but the judge simply doesn't say how much the offer of judgement was.
If Veoh offered anything and UMG got less, the case law I cite below tends to indicate that attorney fee-shifting by Rule 68 may be mandatory. From my Copyright Litigation Handbook, which Veoh's attorney's should have found and cited from the Westlaw Database COPYLITIG. If Veoh's lawyers didn't buy the Copyright Litigation Handbook, maybe they deserve what they get?
Database updated July 2009 Raymond J. Rule 68 of the Federal Rules of Civil Procedure permits a party to an action to make an offer of judgment to the other side. In Lucas v. Lucas v. ORDER NORTON, District Judge. 1. Id. at 243 (emphasis added). Quinto v. MY NOTES - Copyright Law. Does Copyright Foster or Hinder Innovation? // the Historocrat.
Francis Davey: Copying, sharing and remixing - what do you think? I am completing a part-time LLM (masters) in computer and communications law with Queen Mary University London. I would really appreciate your help in completing a survey. It should take less than 5 minutes to complete. If you want to know more about the survey, read on... I, like many lawyers, spend a lot of time thinking, talking and writing about intellectual property law and, in particular, copyright. But law is not the whole story. People may also be driven by socially accepted rules of conduct known as social norms. What you think other people think is OKwhat you think other people actually do Obviously law affects social norms. For my research I have created a to try to find out something about social norms for a number of common situations where someone might want to copy, share or remix an existing work.
I hope to post the results of the survey in July of this year (2014) and discuss some of the results as they come in. WIPIP: copyright doctrine. Session 3: Copyright Doctrine Patrick Goold , UC Berkeley School of Law (fellow) Is Liability for Copyright Infringement Strict? Strict liability is conduct plus outcome. Fault-based is conduct, outcome, and fault. Fault can be based on the standard of conduct (reasonableness), or the state of mind (intentionality, recklessness). Fault in the action or the actor. With copyright, the conduct is copying, the outcome is substantially similar work. Under usual fault based torts, burden is on P to prove existence of each element, but in © only conduct and outcome must be proved and burden is on D to prove absence of fault.
Ochoa: Fault proves very sticky. A: Relationship-based strict liability also exists, vicarious liability. In tort, whether conduct has an outcome has many variables—accidents can be caused by external factors. Brad Greenberg, Kernochan Center for Law, Media and the Arts, Columbia Law School (fellow) Idea of media neutrality—“fixed in any tangible medium of expression.” D.R. Mass Law Blog Update, Week Ending February 14, 2014 — Mass Law Blog.
Excess Copyright. Azrights. Uni of Chicago Blog. Chicago IP Litigation blog. IPWatchdog. 50 Intellectual Property Law Blogs. Copyright Litigation Blog. IP Brief. Adler Law blog. BlawgIT Brett Trout. InternetCases Evan Brown. Technollama. Mathias Klang. PanGloss. Techdirt. Laurence Kaye on Digital Media Law. Chroniques de la propriété intellectuelle. Copyright Madness. The IP Exporter | Protecting Intellectual Property Rights in a Globalized Market.
Calling Australia and New Zealand | IP Draughts. IP Draughts has noticed a steady increase in page viewings from both Australia and New Zealand in the last year, which is great. After a slow start, Australia is fast catching up with Canada to become third in the table of countries whose inhabitants visit this blog, while much less populous New Zealand is in 15th place. He is planning to visit those countries early in 2015, to visit relatives, and is considering whether to run some of his courses on IP and contract subjects, perhaps in association with universities.
Do our Australian and New Zealand readers think there would be any appetite for such courses? Please let Mark know by email at firstname.lastname@example.org or by phone on +44 1865 858 878. Equally, if you think there might be an appetite for courses in any other country, please let Mark know. Like this: Like Loading... Copyright Review Principles and Consensus. Zechariah Chafee, a godfather of 20 th century legal philosophy, wrote an influential article on copyright law in the early twentieth century.
At that time, technology was exploding: for the first time in history, it was not only possible to record sound and images, but to transmit them across vast distances instantaneously. The law of copyright struggled to keep up with this technological advancement. In the 1950s, Congress began a comprehensive revision process. As it stretched into its second decade, former U.S. Register of Copyrights Barbara Ringer shared her thoughts on the process in her 1974 essay, The Demonology of Copyright ( PDF ).
Ringer called back to Chafee’s article, adding her own lessons won from experience about what copyright law should look like: A case study for consensus building The goal of the hearing appears to be on setting the tone for how Congress discusses copyright issues in a post-SOPA world, and it looks as though it will do so in two ways. U.S. Footnotes. Do contractors help develop your software? Read this if you plan to sell or license it to others. | IP Spotlight. A recent decision from the United States District Court for the District of California could, if upheld, significantly limit companies’ ability to transfer its proprietary software unless the company has obtained an assignment from each and every developer.
In a decision published November 5, 2012 in Amaretto Ranch Breedables LLC v. Ozimals Inc., Ozimals argued that Amaretto Ranch infringed its copyright in software used in connection with the online virtual reality site Second Life. Amaretto Ranch filed a declaratory judgment action and argued that it could not infringe because Ozimals did not own the software. Three developers created the software, but only two of them had executed assignments in favor of Ozimals. The court agreed with Amaretto Ranch’s argument and held that in order to transfer a copyright, all authors must agree to the assignment. Otherwise, the attempted assignment is merely a non-exclusive license. Like this: Like Loading... Recent News | Aaron Sanders Law. October 30, 2013 Our local Lipscomb University was recently required to stop using the abbreviation “LU” because Liberty University, owner of a registration in the same mark, complained.
Rick talks about the law behind the dispute in an article appearing on The Washington Post site today. Liberty University vs. Lipscomb University Trademark Dispute – www.washingtonpost.com June 20, 2013 Two great years ago today, Rick Sanders and Tara Aaron set foot in the office of Aaron | Sanders PLLC for the first time. We’re growing up fast – since then we’ve moved into our big new offices at The Trolley Barns, added the help of our incomparable assistant, Lynne Jervis, published articles, signed book contracts, and of course, done our best to put our brilliantly creative and innovative clients on solid legal ground as they start and grow their own businesses. We can’t wait to play with our new neighbors – you guys bring the sand, we’ll bring the shovel! May 7, 2013 April 8, 2013 February 6, 2013. Does the First Sale Rule Apply to Works Manufactured Outside the United States? | Media | Dinsmore. Under the Copyright Act, copyright owners are granted the exclusive right to prevent the unauthorized sale or distribution of copies of their works to the public.1 The first sale doctrine creates an exception to this rule by cutting off the copyright owner’s exclusive sales/distribution rights after the first sale of that copy.2 Essentially, this means a person who buys a copy of a book (or receives it as a gift) can dispose of the physical copy of the copyrighted work however she wants, whether for resale, giving the book away as a gift, or even destroying it, without violating the copyright owner’s rights.
It has been determined that the first sale doctrine applies to works created and sold in the United States, but courts have struggled with how to apply the first sale doctrine to works manufactured and sold in a foreign country. The three circuit courts that have ruled on the issue have reached three different conclusions. La vida no trae instrucciones. First Kiwi File-Sharer Guilty, But Lack of Evidence Kills Large Fines. New Zealand's Copyright Tribunal has handed down its first penalty to an Internet subscriber accused of downloading and sharing music without permission.
While the case is a victory for the Recording Industry Association of New Zealand, the details make it a rather hollow one. All attempts by the music industry group to extract large punitive damages failed due to an almost complete lack of evidence. The so-called ‘Skynet’ anti-piracy law in New Zealand has been operational for some time, but it took until yesterday for the legislation to claim its first victim. The case involves a female customer of local ISP Telecom and perhaps dates back well over a year. Background The unnamed individual was sent a so-called ‘detection notice’ by Telecom’s copyright infringement team on November 24 2011.
The claim, originating from Island Def Jam Music Group (Universal), stated that the subscriber had shared the Rihanna song ‘Man Down’. Confession As for the Hot Chelle Rae track, that remains a mystery. Copyright | Justia Blawg Search.
Wendy’s Blog: Legal Tags. Law enforcement demands to domain name registrars were a recurring theme of the 42d ICANN public meeting, concluded last week in Dakar. The Governmental Advisory Committee (GAC) took every opportunity at its public meetings with GNSO and Board, and in its Communique to express dismay, disappointment, and demands for urgent action to “reduce the risk of criminal abuse of the domain name system.” This conversation about domain name abuse benefits from a multi-stakeholder environment, where it can include domain registrars, registrants, and Internet users, along with law enforcement representatives. Broad debate helps because the question is not just how to “mitigate criminal activity using the domain name system,” but how to recognize criminal activity at the DNS level, how to implement due process to protect legitimate online speakers from abusive or mistaken takedowns, and how to protect the privacy and security of non-criminal users of the domain name system.
UnIntellectual Property. TIPS: Mexico to Join International Trademark System February 19, 2013. On February 19, 2013, Mexico will become the 89th member of the Madrid Protocol, streamlining the trademark registration process for U.S. trademark owners and others seeking trademark protection in Mexico. To date, trademark protection in Mexico (as with other non-Madrid Protocol countries, such as Canada) requires the use of local counsel to prosecute trademark applications. Under the Madrid Protocol, the owners of trademarks in a member country may apply for protection in additional member countries through one filing with the World Intellectual Property Organization (“WIPO”). Filing with WIPO streamlines the prosecution process by allowing applicants to file one application, in one language, with one set of fees, and in one currency for registration in up to 89 countries.
No longer will trademark applications seeking foreign protection for their trademark portfolio be required to incur the additional costs of separately filing in Mexico or using local counsel. Major Media Fails To Fact-Check iPhone Joke. Since some folks in traditional media still love to pretend that they are part of a select group of information filters that can provide fact-checked news items and that their internet counterparts cannot, I'm going to keep driving this point home: internet news groups and blogs are no more susceptible to hoaxes than major news media. We saw a wonderful example of it recently with the Manti Te'o story, in which major news not only bought the BS hook, line and sinker, but through their inaction, actually perpetuated the story.
Still, while that was a story that was, at best, a very sad case of someone lying their tail off, some examples can provide a little more levity. Such as, for instance, when the L.A. Times and UPI write up very real accounts of a very fake iPhone case that includes a retractable cup-holder. Hate to say I told you so ... In a video that can go toe to toe with any of the best infomercials ever made, Natwerk shows off its "Uppercup. " Yes, pretty much. It was a joke. Stein McEwen Blawg | A service of Stein McEwen, LLP – Inventive Solutions.
Blog. Recording Industry vs The People. Rebecca Tushnet's 43(B)log. Re:Marks on Copyright and Trademark : Lawyer & Attorney for Intellectual Property Protection : DLA Piper Law Firm. Intellectual Property Lawyers | Ober Kaler. Intellectual Property and Social Media: Who Owns Your Online Content? | Nouveau Law.
Michael Geist - Blog. Maryland Intellectual Property Lawsuits Sharply Up In 2012, Led By Surge in Copyright Cases : Maryland Intellectual Property Law Blog. More than 150 intellectual property lawsuits were filed in Maryland's federal district court in 2012, a 45% increase over 2011 levels, 75% ahead of 2010. If the individual number of actual plaintiffs and nominal counterclaim plaintiffs in cases with multiple parties are counted, 2012 will be remembered as a very litigious year for patent, trademark, and copyright owners.
Nationally, the number of new IP lawsuits may have increased as much as 30%, according to some sources. The first chart below shows a spike in patent litigation activity in Maryland in 2012 compared to the previous four years. According to records available from Justia.com and PACER, plaintiffs filed 45 patent lawsuits in the U.S. District Court for the District of Maryland (Greenbelt and Baltimore divisions combined) in 2012, compared to just 35 lawsuits in 2011 and 22 in 2010 (45% and 22% differences, respectively). Bucking the trend, trademark owners filed fewer federal lawsuits in Maryland in 2012. Copyright Infringement – Overkill Video Game Maker Sues Gun & Blood Copycat :: Los Angeles Intellectual Property Trademark Attorney Blog. Lewis and Roca Intellectual Property Blog. LawPundit. Lewis and Roca Intellectual Property Blog - Blawgs.
Legal Geekery — Law students, tech, gadgets. Ars Technica. Kluwer Copyright Blog. Journal of Business & Intellectual Property Law | Wake Forest School of Law. AndrewRaffdotcom. IP Wise. IP In Brief: trends and transformations in copyright and trademark law. IP Lawyer & Attorney : Sheppard Mullin Law Firm : Intellectual Property Law Blog. Digital Media Law. Intellectual Property and Technology Law Firm | Cloudigy Law PLLC. CyberLaw Currents. Copyright Litigation Blog. Citizen Media Law Project - Blawgs. Laurence Kaye on Digital Media Law.
Untitled Page. Business+Intellectual Property +Internet Law. Bag and Baggage - Denise Howell, lawyer, mom, infovagabond. - Home. Artistic Representation. American University Intellectual Property Brief. | ALL ABOUT THE DMCA & ONLINE CONTENT. BlawgIT | Patent, Trademark, Copyright and Internet Law Issues with Attorney Brett J. Trout, P.C. Copyright Law. Think IP Strategy. Blog Archives. Lessig Blog, v2. Supreme Court Grapples with Copyright Law and the Resale Trade - Law Blog. Intellectual Property. Stanford Copyright & Fair Use Center.
IPrivacy4IT – Clarinette's blog. Digital Lab. Privacy and Photography in Public. TechnoLlama. Anti-Counterfeiting Trade Agreemen. PanGloss. Michael Zimmer.org » Blog Archive » Facebook’s Zuckerberg: “Having two identities for yourself is an example of a lack of integrity” Wendy Seltzer's Home Page. Technically Legal. Lawful Content | blog by Stefan Kulk. Electronic Communications, Privacy, Data Protection, and More. Probation Limitations on Internet and Facebook Use Violate First Amendment -- In re J.J. John Palfrey » Blog Archive » Born Digital: The Video Version. IP snapshot - January 2013. The IPKat.