Monthly Archives: April 2015

The Bermuda Triangle of Online Defamation: Copyright, Clickwrap and the CDA

RippoffWe have written many times about attempts to use copyright law to do what defamation law can’t: take stuff down from the internet. Because Section 230 of the Communications Decency Act (“CDA”) prevents a defamation plaintiff from suing an internet service provider for merely hosting defamatory content, many allegedly defamed parties instead have attempted to use the Digital Millennium Copyright Act (“DMCA”) to “take down” the offending material.… More

Carta de Error! Copyright Takedown Notice To iTunes May Give Rise to Misrepresentation Liability

carta de errorSection 512(f) of the Digital Millennium Copyright Act makes parties who issue copyright takedown notices liable for any “knowing” misrepresentations in those notices. However, the Ninth Circuit in Rossi v. Motion Picture Ass’n of America, and other courts, have interpreted the term “knowing” narrowly, causing many to wonder if Section 512(f) has much practical application.

In a recent article for the ABA’s Landslide Magazine,… More

Supreme Court’s B&B Hardware ruling creates the potential for court deference to the TTAB — but will it happen?

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Did  TTAB proceedings — until now considered a relatively obscure branch of IP litigation, conducted before an administrative body of which most attorneys are blissfully unaware — just assume greater importance?  That seems to be the general reaction to the U.S. Supreme Court’s holding in B&B Hardware v. Hargis Industries last month.

B&B Hardware took an unusually aggressive approach to its trademark dispute with Hargis,… More