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November 3rd, 2015
On October 16, the Second Circuit issued its decision in Authors Guild v. Google, affirming Google’s fair use defense against Authors Guild’s claim of copyright infringement of the Google Books search engine. Background This is the latest chapter in a longstanding legal battle between the authors’ advocacy organization, Authors Guild, and ...
April 20th, 2014
Proving a Likelihood of Confusion Remains an Uphill Battle for Trademark Owners in Keyword Advertising Cases
How confused are you when you search terms and see paid advertising generated as the result of the keywords you inserted? An increasing number of cases show a likelihood of confusion is a difficult element to meet by plaintiff trademark owners. People use search engines to weed through millions of ...
March 5th, 2012
On January 23, 2012, the United States Supreme Court handed down its decision on United States v. Jones, No. 10-1259, 2012 BL 14420 (U.S. Jan. 23, 2012), regarding the warrantless use of a GPS tracking device by law enforcement to track the actions of a suspected criminal. This author previously ...