Copyright – Fair Use with Perfect 10 v. Google, Inc.

January 31, 2012 | Comments Off on Copyright – Fair Use with Perfect 10 v. Google, Inc.

On a motion for a preliminary injunction, the Court holds plaintiff likely to succeed on copyright infringement claims arising out of defendant Google’s display of “thumbnail” images of plaintiff’s copyrighted photographs in response to users’ searches for images matching their description.  The Court held that it is likely to find that such a display is […]

What is spam – Law

January 24, 2012 | Comments Off on What is spam – Law

The problem of unsolicited email (or “spam” as its commonly referred to) continues to grow.  For many people, the number of junk messages they now receive promoting sexual aids, get rich quick schemes or pleas to help fictious deposed African leaders, has overtaken the number of legitimate messages they receive.  Not only does the arrival of such […]

What is copyright?

January 22, 2012 | Comments Off on What is copyright?

What Is Copyright?     Copyright is a form of protection provided by the laws of the United States (title 17, U.S. Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Section 106 of the 1976 […]

Hyperlink At Your Own Risk

December 6, 2011 | Comments Off on Hyperlink At Your Own Risk

One of the Internet’s greatest attributes is the hyperlink, which permits the “surfing” for which the Internet is famous. By clicking the mouse on a hyperlink, the user is transferred from one Web site to another. Typically, the linked sites are created by different individuals. Hyperlinks are found on virtually every Web site, including search […]

1-800 Contacts, Vision Direct, Inc. and Inc. v. WhenU

December 3, 2011 | Comments Off on 1-800 Contacts, Vision Direct, Inc. and Inc. v. WhenU

Use Of Domain Name Containing Another’s Trademark In Unpublished Directory To Trigger Delivery Of Pop-up Ads Does Not Infringe Trademark Reversing the court below, the Second Circuit dismisses trademark infringement claims brought by a mark holder and website operator against a distributor of pop-up ads.  Such claims fail because “as a matter of law, [defendant] […]