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By Scott Cameron

Rambus, Inc., applied for, and later received, several patents from the United States Patent and Trademark Office related to computer memory chips. A patent is generally thought of as conferring the patent holder with a legal monopoly over the patented subject. The patent holder owns the subject to the exclusion of all others. So how is it that, in a unanimous decision, the Federal Trade Commission recently found that the monopoly achieved by Rambus’ patent violated federal antitrust laws?

Continue Reading Rambus Inc.: FTC Finds That Valid Patent Acquisition Can Amount To A Violation Of Antitrust Laws.

By Audrey A. Millemann

            A business’s intellectual property may be its most valuable asset. Whether it is biotechnology, trade names, business methods, or computer software, intellectual property should be protected to the greatest extent possible in order to maximize the value of the business. This article summarizes the types of intellectual property protection that are available.

Continue Reading HOW TO PROTECT YOUR CLIENTS’ IP

By April Hiroshima Gatling

          This month, a United States District Court ruled that retailer Land’s End will get a trial in a case where defendant website owners are accused of profiting from the company’s online affiliate program through a scheme that gave “typosquatting” a new twist.

          “Typosquatting” is a form of cybersquatting that relies on typographical mistakes made by Internet users when inputting a website address into a web browser. Most typosquatters are either in the practice of tricking or diverting Internet users to alternative websites or attempting to sell the domain name back to the trademark owner.         In this case, however, defendants directed Internet users to the Land’s End’s website, but only after channeling them through “affiliate” sites owned by defendants, who in turn received commissions associated with subsequent purchases.Continue Reading Lands’ End May Put an End to Unusual Typosquatting

By Andrea Anapolsky

Once perceived as just a means for personal expression, blogs have grown into a mainstream form of communication used by business entities, the media, political campaigners and individuals alike. Just last month, Yahoo!® News reported that approximately 40 million blogs have been created, with more than 75,000 blogs added every day. The act of blogging, however, is not exempt from traditional defamation claims, and like any other form of communication, can be both false and defamatory and cause damage to one’s reputation. However, due to the complexity and nature of the Internet, the courts are still feeling their way through two central issues: first, whether to characterize the content publicized in a blog as opinion or fact, and second, who may be held liable for publicizing defamatory statements on a blog. This article briefly reviews trends in case law regarding defamation claims against bloggers, with a specific focus on whether operators and/or owners of network providers who publish or edit and then republish allegedly defamatory statements may be held liable for defamation.

Continue Reading Defamation Claims Pierce the “Blogosphere”