Enormous online marketplace eBay is not liable for contributory trademark infringement, though listings on its site offer counterfeit silver Tiffany jewelry for sale, according to a judge in the Southern District of New York. eBay had refused to preemptively remove certain listings of silver Tiffany...
On April 1, 2010, the Second Circuit issued
its long awaited decision in Tiffany Inc. v. eBay , Inc., 2010 U.S.
App. LEXIS 6735 (2d Cir. 2010) . The Court held in eBay's favor on the key
issue in the case, finding that eBay was not liable for contributory
infringement for listings of counterfeits...
In this Emerging Issues commentary, Tom Tuytschaevers, an associate at Sunstein Kann Murphy & Timbers LLP, discusses a recent federal court case, Fujitsu Ltd. v. Netgear Inc., 620 F.3d 1321 (Fed. Cir. 2010) . He states that the "decision makes it easier to prove patent infringement where the...
By Jonathan Zavin of the firm Loeb & Loeb LLP
Click here for a copy of the full decision.
Court holds that defendant's use of plaintiff's photographs to
create "appropriation art" is not a fair use because it does not comment
on the original photographs and is not transformative;...
By Alona G. Metz
In the recent landmark case of Louis Vuitton Malletier, S.A. v. Akanoc Solutions, Inc. , 658 F.3d 936 (9th Cir. 2011), 1
the Court of Appeals for the Ninth Circuit held that a web-hosting
company that owned and operated servers was liable for contributory
copyright and trademark...
The 7 th Circuit yesterday rejected a
claim of contributory copyright infringement directed at the video/social
bookmarking service, myVidster. The court held that myVidster is not a contributory infringer when a visitor
to its website bookmarks a copyrighted video and later someone
clicks on the bookmark...