Printing Prada

The fashion industry has fought long and hard against counterfeiters who copy coveted designs and sell them for a small fraction of the price, but intellectual property laws have not really provided the industry with the correct ammo. Copyrights protect “art” but not “useful articles,” and fashion falls under the latter. Trademarks and trade dress protect brands/logos and look/feel respectively but only in the context of consumer confusion, and in most fashion counterfeit.. Read More

Combating Defamation through Copyright Transfer

Under § 230 of the Communications Decency Act, “[n]o provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” This allows organizations publishing online reviews to avoid being held liable for defamation when one of their users posts a defamatory review. Because § 230 protects service providers from liability even after they have notice,[1] they have no incentive.. Read More

Loser Pays in Patent Litigation?

With the America Invents Act and its overhaul of U.S. patent system just barely behind us, Congress has introduced eleven bills for further reform this year. Each of these bills addresses the abusive litigation tactics of certain patent plaintiffs—the so-called “patent troll problem”—to some degree, though the bills consistently fail to adequately define who is or is not among the trolls. Highlighting the apparent urgency of the problem (or so goes the optimistic.. Read More

FRAND Injunction: What’s Your Function?

Recently, NYU Law’s “Competition, Innovation, and Information Law Program” hosted a presentation by John Harkrider, a prominent antitrust litigator on the frontlines of the Smartphone Wars and partner at Axinn, Veltrop & Harkrider LLP. Harkrider offered his inside perspective on the FTC’s July 2013 ruling on Google’s Motorola Mobility purchase, and on the question of when a holder of FRAND-encumbered patents (licensed on fair, reasonable, and non-discriminatory terms) should be able to obtain.. Read More

Interview with Elizabeth Nolan: How Start-Ups Deal With Arising Legal Issues

With the rise of the internet came the rise of start-up companies, which allow young entrepreneurs to capitalize on their innovative ideas. One issue that often arises is how the young company should handle legal issues that may arise during the course of launching their business. This is an exciting area of the law that many lawyers find enticing. However, given the limited funds of many start-ups, they do not always have in-house.. Read More

Privacy Papers, Part 27 – Game. Set. Match. – #PrivacyPapers Close Out – Stick the Proverbial Fork in ‘em

The PrivacyPapers was released over a two week period of emails by Michael Kasdan, who has generously given us permission to post it in its entirety over several posts. You can search Twitter: #PrivacyPapers, for the content and to share comments. 27. Privacy Papers – Game. Set. Match. – #PrivacyPapers Close Out – Stick the Proverbial Fork in ‘em From: privacy-papers@googlegroups.com [mailto:privacy-papers@googlegroups.com] On Behalf Of Michael Kasdan Sent: Tuesday, September 10, 2013 To:.. Read More

Privacy Papers, Part 26 – Wrapping Things Up with a Tidy Bow

The PrivacyPapers was released over a two week period of emails by Michael Kasdan, who has generously given us permission to post it in its entirety over several posts. You can search Twitter: #PrivacyPapers, for the content and to share comments. 26. Privacy Papers – Wrapping Things Up with a Tidy Bow From: privacy-papers@googlegroups.com [privacy-papers@googlegroups.com] on behalf of Michael Kasdan [mkasdan@ARELAW.com] Sent: Sunday, September 01, 2013 To: privacy-papers@googlegroups.com Subject: Doc Searls Weblog ·.. Read More

Privacy Papers, Part 25 – Neat Study

The PrivacyPapers was released over a two week period of emails by Michael Kasdan, who has generously given us permission to post it in its entirety over several posts. You can search Twitter: #PrivacyPapers, for the content and to share comments. 25. Privacy Papers – Neat Study From: Michael Kasdan Sent: Saturday, August 31, 2013 To: Michael Kasdan Subject: Privacy Papers – Neat Study http://sutradharsmarket.wordpress.com/2012/03/03/social-media-privacy-controls-and-perceptions-across-cultures/ more » less «

Privacy Papers, Part 24 – Fwd: News from Facebook

The PrivacyPapers was released over a two week period of emails by Michael Kasdan, who has generously given us permission to post it in its entirety over several posts. You can search Twitter: #PrivacyPapers, for the content and to share comments. 24. Privacy Papers – Fwd: News from Facebook ———- Forwarded message ———- From: “Facebook” <notification+ybbm52xa@facebookmail.com> Date: Aug 30, 2013 4:54 AM Subject: News from Facebook To: “Michael Kasdan” <mkasdan@gmail.com> News from Facebook.. Read More

Privacy Papers, Part 23 – 3.1415 – Down the Stretch

The PrivacyPapers was released over a two week period of emails by Michael Kasdan, who has generously given us permission to post it in its entirety over several posts. You can search Twitter: #PrivacyPapers, for the content and to share comments. 23. Privacy Papers – 3.1415 – Down the Stretch From: privacy-papers@googlegroups.com [mailto:privacy-papers@googlegroups.com] On Behalf Of Michael Kasdan Sent: Thursday, August 29, 2013 To: privacy-papers@googlegroups.com Subject: RE: Privacy Papers – 3.1415 – Down.. Read More