Trademark Infringement Claims Fall to First Sale Doctrine

First Sale Doctrine blocks Trademark Infringement Claim in Textbook Case

A textbook publisher’s attempt to salvage its legal efforts to block unauthorized importation of foreign manufactured, English-language textbooks using trademark infringement claims  was unsuccessful in the Southern District of New York.  The court there held that the same law  that barred the publisher from claiming copyright infringement based on the importation of foreign-purchased textbooks likewise […]

Copyright Infringement in Filmon X Internet Service

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Streaming Television Service is an Infringing Public Performance In yet another copyright infringement decision involving a “virtual VCR” service available on the Internet, a district court judge in the the District of Columbia granted a preliminary injunction to a group of television broadcasters arguing that FilmOn X violates their exclusive rights as copyright holders.  Fox Television Stations, […]

Limited Liability Company vs. Corporation – Five Key Issues

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Limited liability vs. Corporation? That is a question that many new business owners must consider. The limited liability company (LLC) is the more common choice, but the traditional corporation, in particular the S corporation, still has a place in small business. Resolving this issue of limited liability company vs. corporation turns on the specific needs […]

Deadlock Provisions in Closely Held Business Agreements

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Deadlock Provisions – Anti-Virus Protection for Corporate Governance There is perhaps no more intractable problem in the closely held business than deadlock.  The owners of a business reach an impasse on a decision. The company cannot move forward and, quite frequently, that deadlock spreads rapidly to other areas of the business.  Limited Liability Company Deadlock […]

Reverse Infringement Trademark Suit Against Oprah Winfrey Reinstated

When Oprah Winfrey adopted the phrase “Own Your Power” she had good reason to know that there was registered trademark using the same terms, and therefore her “good faith” defense to an infringement suit is not an automatic winner. The Second Circuit Court of Appeals has reversed Winfrey’s successful motion to dismiss and remanded the case back to the district court in Manhattan.

Prenda Posts Appeal Bond

Prenda Law, which was sanctioned for $81,000 and had its application for an emergent stay, bonded off its appeal last week. Someone may be more pretty confident in their chances before the Ninth Circuit Court of Appeals than most assume.

Prenda to Pay Defense Fees

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AF Holdings — the company that was an alleged front for Prenda Law — was ordered to pay a defense attorneys fees in a case in the amount of $9,425. The award will go to to Nick Ranallo, a defense lawyer working on several Prenda defense cases. The award was made by US District Judge Charles Breyer in the Northern District of California, AF Holdings v. Trinh, which was filed in May 2012. The plaintiff in the case claimed to prosecute a copyright assignment signed by Alan Cooper, the housekeeper of noted bit-torrent attorney John Steele’s, who has brought thousands of cases against anonymous defendants for pirating copyrighted works on the Internet.