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The House Capital Markets and Government Sponsored Enterprises Subcommittee has approved the Access to Capital for Job Creators Act. More...
A bipartisan group in the House has introduced legislation that expands protections for America’s intellectual property (IP) and combats the illegal distribution of counterfeit goods via rogue websites. More...
The U.S. Copyright Office is undertaking a study at the request of Congress to assess whether and, if so, how the current legal system hinders or prevents copyright owners from pursuing copyright infringement claims that have a relatively small economic value (‘‘small copyright claims’’); and recommend potential changes in administrative, regulatory, and statutory authority to improve the adjudication of these small copyright claims. More...
Joshua David Evans, 34, of North Bend, Wash., and Jeremy Lynn Andrew, 33, of Eugene, Ore., have pleaded guilty for their roles in NinjaVideo.net, a website that provided millions of users with the ability to illegally download infringing copies of copyright-protected movies and television programs in high-quality formats. More...
The Securities and Exchange Commission has charged former bank executives with misleading investors about mounting loan losses at San Francisco-based United Commercial Bank during the height of the financial crisis in 2008 and 2009. More...
Following are Postings Law Commentaries elaborating on the significance of the most important of the Postings Law Summaries.
Commentary: In Cartoon Network v. CSC Holdings, 536 F.3d 121 (2nd Cir. 2008), the Second Circuit reversed a District Court’s ruling and determined that a remote-storage DVR service does not infringe on the reproduction and public performance rights of copyright holders. This significant holding, which will likely be referenced in a variety of future opinions, offers some interesting ramifications. It offers consumers an opening for increased flexibility in viewing choices, and offers developers of new technology a more generous interpretation of copyright law. Critics contend the ruling opens the door for new defenses for infringers and interprets copyright law in a fashion that impedes traditional copyright protection. Either way, the decision stands at the juxtaposition between existing copyright law and emerging technology. More...
Related summary: Playback of Films on Cablevision's Remote Storage DVR System Not Copyright Infringement, Second Circuit Rules
Commentary: In Richlin v. Metro-Goldwyn-Mayer Pictures, 531 F.3d 962 (9th Cir. 2008), the heirs of one coauthor of the treatment that served as the basis of “The Pink Panther” series of movies asserted an interest in the motion picture copyright. The Ninth Circuit affirmed a district court’s grant of summary judgment and agreed with the district court that the coauthor of a story treatment is not necessarily the coauthor of a subsequent movie based on that treatment, and therefore cannot necessarily claim a copyright interest in the movie. Accordingly, renewal of the copyright in the motion picture had no impact on the treatment coauthor’s interest. More...
Related summary: Ninth Circuit: MGM Pictures, and Not the Creator of Pink Panther, Owns the Copyright to “The Pink Panther” Motion Picture
Commentary: Robert Burck, a.k.a. The Naked Cowboy, an iconic street performer in Times Square, had the foresight to trademark his name and image. When the Mars company developed an ad campaign depicting its famous M&M candies in and around New York City, they chose to dress up one of the candies as The Naked Cowboy, although they failed to seek or obtain his permission first. Burck sued for trademark infringement, claiming false endorsement; Mars claimed fair use as a parody. Even though that big blue M&M looked nothing like Robert Burck, the M&M’s outfit, setting, and potential for consumer confusion was enough. On motions to dismiss, a federal court in New York decided that Burck’s false endorsement claims could proceed to the factfinder, as could Mars’ defense of parody. Burck v. Mars, Inc., ___ F. Supp. 2d ___, 2008 WL 2485524, No. 08 Civ. 1330 (DC), (S.D.N.Y. 2008). More...
Related summary: The Naked Cowboy’s Trademark Suit Against M&M Must Proceed to Trial, NY District Court Rules
Commentary: The renowned legal minds of 7th Circuit judges Frank Easterbrook and Richard Posner have clashed again, this time over the validity and applicability of the Gartenberg approach to claims of excessive mutual fund management fees. Judge Easterbrook, currently chief judge of the 7th Circuit, served on the panel that issued a per curiam opinion in Jones v. Harris Associates, 527 F.3d 627 (7th Cir. 2008) on May 19, 2008. In that case, the judicial panel dismissed the Gartenberg standard that has been relied upon by courts, practitioners and fund managers for more than 25 years. More...
Related summary: Circuit Court Turns Down Appeal against Harris Associates, Refusing to Put a Cap on Mutual Fund Advisory Fees
Commentary: In the case Quanta Computer v. LG Electronics, ___ U.S. ____, 128 S.Ct. 2109 (2008), the United States Supreme Court clarifies and expands upon its holding in United States v. Univis Lens Co. In Univis, the court held that a patent is exhausted upon the sale of unfinished components that substantially embody the patent and which have no use except to practice the patent. In Quanta, the court clarified that the same analysis applies to process or method patents, not just product patents: When a component substantially embodies the process and cannot be used for any purpose other than to practice the patent, the process patent is exhausted upon sale of that component. The decision makes it more difficult for patentees to extract royalties from multiple parties for the same device. However, it revitalizes the integrity of the exhaustion doctrine and provides more certainty for downstream purchasers. More...
Related summary: Supreme Court Reverses Federal Circuit’s Ruling, Finds in Favor of Quanta in LG’s Computer Technology Patent Suit
