Social Media Law Update : Intellectual Property, Advertising and Video Game Law: Sheppard Mullin Lawyers & Attorneys

By Michelle Sherman

The exponential growth of the internet is also seeing an increase in the number of legal actions against “John Doe” defendants. John Doe is really synonymous with an anonymous speaker (blogger), who may be liable for claims such as copyright infringement, trademark infringement, or defamation. Fortunately, there is guidance from the courts so your company can increase its chances of identifying these anonymous bloggers, if necessary.
 

Continue Reading...

• Print
• Comments
• Share Link

By Michelle Sherman

The first dismissal of a copyright infringement action filed by Righthaven took place as we went to press with "Blog Hyperlinks to News Stories = Copyright Infringement or Not?" And, as we predicted, the litigation approach used by Righthaven of suing without sending a cease and desist letter in advance, and filing numerous actions in a short period of time, has resulted in some arguably proactive equitable relief by the court.
 

Continue Reading...

• Print
• Comments
• Share Link

By Ted Max

Brands have life cycles and the brands that create a credible emotional connection with the consumer are likely to be able to demand higher consideration and maintain brand loyalty. One must consider what legal protections to employ and which pitfalls to avoid in building a strong and evolving brand in light of the key trends for branding in the New Millennium.
 

Continue Reading...

• Print
• Comments
• Share Link

By Michelle Sherman

The expression "bad facts make bad law" comes to mind when reading the news reports about Righthaven LLC and the Las Vegas Review-Journal ("Las Vegas Review"). Namely, the Las Vegas Review has partnered with Righthaven to sell their copyright interest in articles after the articles in whole or part are attached as hyperlinks to blogs. Righthaven registers the copyrights it purportedly acquires from the Las Vegas Review and then sues the blogs without sending the standard "cease and desist" letter beforehand.
 

Continue Reading...

• Print
• Comments
• Share Link