Last week, the en banc Federal Circuit declined to rehear its November 10, 2015, decision in ClearCorrect v. ITC, 2014-1527, leaving the U.S. International Trade Commission’s (ITC) Section 337 jurisdiction to “material things” that infringe U.S. intellectual property rights. This denial and the 2015 Federal Circuit decision have wide implications…
Internet & Social Media Law Blog
Google and Oracle Agree to Ban Internet Research on Jurors … this Time Around
In a March 25, 2016 Order, Judge William Alsup of the Northern District of California gave Google and Oracle the choice between agreeing to a ban on conducting Internet and social media research on jurors until the trial is concluded or agreeing to disclose details as to the scope of…
The Dancing Baby Returns: Computer Algorithms, Good Faith and Fair Use
In “The Case of Prince, a Dancing Baby and the DMCA Takedown Notice,” we discussed the potential impact of the Ninth Circuit decision in Lenz v. Universal Music Corp., 801 F.3d 1126 (2015), a.k.a. the “dancing baby case,” in which the appeals court held that under the Digital Millennium Copyright…
The FTC Act and the Importance of Staying Transparent
We’ve written previously on the rise in FTC scrutiny and enforcement regarding the use by companies of paid digital influencers without the proper disclosures. Recently, retailer Lord & Taylor found itself in the FTC’s crosshairs when it employed bloggers and Nylon magazine as part of a very successful campaign to…
Rolls-Royce & the Rapper: Social Media Activity Helps Decide a Trademark Tussle
We recently wrote about a musician who got into some trouble with a court by using social media to flaunt images of hundred dollar bills after he had filed for bankruptcy. Now, an Atlanta-based rapper known as Rolls Royce Rizzy has been found to offend trademark laws through his use…
Google Searches & Jury Selection: What Role Should Social Media Have in Voir Dire?
We have written previously about the role of traditional discovery roles in “newer” platforms, and how social media content can be discoverable and used in litigation. What about using information from social media in jury selection? U.S. District Court Judge William Alsup says no. In the copyright fight between Oracle…
News of Note for the Internet-Minded – 3/18/16
Intel and Sony give us an idea of the future of virtual reality; Google goes shopping in the cloud; the FBI warns consumers about car hacking; the Internet of Thing’s language problem; and more … Sony’s Shuhei Yoshida speaks on the future of virtual reality at his company. (Andrew Webster…
Patent Seekers for Card Games Get Dealt a Bad Hand
The U.S. Patent Office has long granted patents on new card games, but the path for patenting card games was narrowed by a Federal Circuit ruling last Thursday. In In Re Smith, the Federal Circuit Court ruled that patent claims on a new card game were ineligible for patent protection,…
Beyond T-Shirts and Billboards: Contractor Advertising and Social Media
For businesses offering services requiring a contractor’s license in multiple states, the rules governing traditional contractor advertising can be complex enough in their own right. But when you add social media to the mix? Well, then knowing where to look and what rules to follow can become even more of…
News of Note for the Internet-Minded – 3/9/16
A virtual reality refresher course; Google and privacy concerns; Snapchat visits the dugout; WeChat has some homework for Chinese student; and more … Google extends reach of “right to be forgotten” to all search sites. (Kelly Fiveash, Ars Technica) Virtual reality and augmented reality have already notched $1.1 billion in…