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FREE DOWNLOAD: Gilson LaLonde on Tiffany Ultimately Responsible for Protecting its Marks, So No Contributory Infringement by eBay

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...

eBay Is Not Liable for Contributory Infringement for Listing Counterfeit Goods

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...

Court Makes it Easier to Prove Patent Infringement By Standards-Compliant Products

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...

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks - Cariou v. Prince, USDC S.D. New York, March 18, 2011

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;...

Sheppard Mullin Richter & Hampton LLP: Louis Vuitton Sets A New Standard In Federal Trademark And Copyright Law

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...

Seventh Circuit Rejects Contributory Infringement Claim against Video/Social Bookmarking Service

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...