• 05.16.12

    A Sea Change in the Safe Harbor

    To the delight of content owners everywhere, the Second Circuit Court of Appeals has become the first court in the country to rule that Internet Service Providers (ISPs) can be liable for copyright infringement even if they comply with the “takedown” provisions of the Digital Millennium ...

  • 06.02.10

    Ninth Circuit Widens Split on Copyright Registration Issue

    The 9th U.S. Circuit Court of Appeals finally has chosen sides in a slowly developing dispute over a technical but important issue - namely, whether a copyright application or completed registration is needed to file suit for copyright infringement.

  • 05.21.10

    Tiffany v. eBay: Court Shuts The Door On Trademark And Opens A Window For False Advertising

    The Second Circuit recently issued its decision in Tiffany (NJ) Inc. v. eBay Inc., 08-3947 (2d Cir. April 1, 2010), affirming in part the Southern District of New York’s decision that eBay was not directly or secondarily liable for trademark infringement or dilution. 

  • 02.23.10

    Fourth Circuit Affirms CDA Immunity For Consumer Review Website

    In December, citing the Communications Decency Act, 47 U.S.C. § 230 (the “CDA”), the Fourth Circuit upheld dismissal of defamation and related claims against a consumer review website featuring consumer posts regarding an automobile dealership.

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