Posted By Chris Moores, Apr 16, 2014
Garcia v. Google, Inc.involves a dispute over the copyrights contained in a film called “Innocence of Muslims.” Garcia was cast in a minor role in “Desert Warrior,” a film. The producer told Garcia the film would be an adventure film set in ancient Arabia and paid her $500 for her one-scene performance. “Desert Warrior” was never released but the producer reused the footage of Garcia and incorporated it into an anti-Islamic film titled “Innocence of Muslims.” Garcia’s scene was partially dubbed so that she appeared to ask: “Is your Mohammed a child molester?” The film was then uploaded to YouTube. The film gained international attention and criticism. An Egyptian cleric issued a fatwa (a ruling on Islamic law) calling for the killing of everyone involved with the film. At this point, Garcia became aware of the use of her scene in “Innocence of Muslims” and began receiving death threats. Garcia responded by asking that Google remove the video from YouTube by filing 8 takedown notices under the Digital Millennium Copyright Act.
Posted By JaeWon Lee, Feb 14, 2014
Last July, L.A.-based photographer and director Estevan Oriol sued fashion brand H&M alleging that H&M’s photograph infringes his copyrighted image, “L.A. Fingers.” In his first amended complaint, filed in last November, Oriol alleged that H&M’s photograph is substantially similar to the L.A. Fingers in six ways. But that was not good enough to persuade the court. Early this week, on February 10, the District Court in Central District of California granted H&M’s motion to dismiss. The court held that after the unprotectable elements of the photographs are filtered out, the photographs are clearly and significantly different.
Below is the summary of the court’s responses to Oriol’s claims.
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Posted By Chris Moores, Feb 13, 2014
On December 11, 2013, a Court in the Southern District of New York ordered Nintendo to pay a fixed rate royalty to Tomita Technology (“Tomita”) for each Nintendo 3DS unit sold at wholesale. The jury found that Nintendo’s 3DS infringes Tomita’s U.S. Patent No. 7,417,664 (“'664 patent”) and that the '664 patent was valid. The patented technology uses two cameras to capture the image and includes a stereoscopic display to exhibit the captured image. This method of producing 3D images is useful for its unique ability to capture and display positional information without the need for users to wear special glasses. The resulting images, while appearing to have depth, are less like the 3D seen at the movies and more like looking into a diorama. The jury found that Nintendo has incorporated this technology into 3DS’s camera and display system.
Posted By JaeWon Lee, Nov 6, 2013
A tiger dies and leaves a skin. A man dies and leaves a name. How about this?
Q: A bankrupt tech-company?
A: A bunch of patents.
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Posted By JaeWon Lee, Nov 4, 2013
In their opening briefs, Kolon and DuPont exchanged arguments on more than twenty issues. The battlefield includes district court’s abuse of discretion in procedural matters and admissibility of evidence; jury instruction; choice-of-law; establishment of trade secret elements; remedies; and recusal.
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Posted By JaeWon Lee, Nov 1, 2013
Size matters in a civil case when it comes to the size of the verdict. It surely does matter in trade secret misappropriation disputes where parties compete in market. A plaintiff would naturally seek money damage to compensate lost economic value (a term in Uniform Trade Secrets Act) or advantage (in Restatement of Unfair Competition) caused by defendant’s misappropriation.
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Posted By Christopher Im, Oct 24, 2013
The first shot has been fired in the battle for student athletes to be financially compensated for their work on the field and court. On September 26, 2013, Electronic Arts Inc. (EA) and Collegiate Licensing Co. (CLC) settled for an undisclosed amount with a group of college student athletes for using their image and likenesses in video games. This would mean, in theory, that every player ever to appear in the game would be entitled to a share of the settlement money. EA has been making the NCAA-branded football and basketball games since 1998 with license from the NCAA and the CLC, who represents nearly 200 individual schools, conferences, bowls, and the NCAA.
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Posted By JaeWon Lee, Oct 21, 2013
Remember good recent days when you do not have to add any sales tax when you clicked to order your first Kindle? Things in Amazon became pricey recently – to some states’ online shoppers. In California, the company started to collect sales tax (or use tax) from September 15, 2012. California is not alone. Eighteen other states have similar laws requiring that sales tax be collected from online purchases. And, to the most, that sad reality may remain.
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Posted By Dominick Severance, Apr 27, 2013
DISCLAIMER: This blog is for general informational purposes only. By reading this blog, you agree that the information on this blog does not constitute legal or other professional advice and no attorney-client or other relationship is created between you and the members of the blog. The blog is not the same as legal advice from a qualified attorney licensed in your state who is aware of the particular facts of your case. The members of the blog reserve the right to change the blog without notice and do not guarantee that each blog post is complete, correct or up-to-date with the most recent legal developments and cases.
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Posted By Dominick Severance, Apr 27, 2013
THE INHERENT DIFFICULTY OF INVESTING IN STARTUPS: RISK, CONTROL, AND LIQUIDITY
Investing in start-ups can be a very complicated process for a multitude of reasons. Startups, for instance, don’t always have a proven plan for commercially monetizing their product or service; this increases the risk of investing in the company dramatically. Even Facebook, which has over one billion users, struggles to prove that it can remain both relevant and profitable in the long run. The unproven nature of a startup’s business plan creates an inherent and substantial risk; investors must consider whether their investment will ever have a sufficient ROI to justify the risk they take putting their money into the startup as opposed to another venture.