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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 […]
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, […]
Add this case to another long list of partnership disputes that point back to poor business formalities and record keeping. This partnership dispute lawsuit began in 2008, concerning a transaction that occurred in August, 2005 and the results of a six-day trial only now have been affirmed on appeal. The net result: distribution of $13,481.85 […]
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 […]
Register a Limited Liability Company There is a big difference between whether you have to hire a lawyer to register a new limited liability company and whether you should hire a lawyer. No, you don’t have to get a lawyer. But experienced business people use lawyers to start a new business, even if its their ump-teenth new business. There […]
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 […]
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.
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.