By: David Muradyan

In order to prevail on a claim for contributory copyright infringement, a plaintiff must show that a defendant had knowledge of or had reason to know about direct infringement by a third party and that it substantially contributing to the infringing activities. A&M Records, Inc. v. Napster, Inc., 239 F.3d 1004, 1013 n.2, 1019 (9th Cir. 2001). “One who, with knowledge of the infringing activity, induces, causes or materially contributes to the infringing conduct of another, may be held liable as a ‘contributory’ infringer.” Fonovisa, Inc. v. Cherry Auction, Inc., 76 F.3d 259, 264 (9th Cir. 1996) (citation omitted).

In a very recent case, the Court held that there was no contributory copyright infringement because the defendant was not aware of its employees’ copyright infringement. In Hitek Software LLC v. Timios Inc., Case No. CV 12-709 CAS (C.D. Cal. June 18, 2012), Plaintiff Hitek Software LLC (“Plaintiff”), a software company who sells its copyrighted programs over the Internet, filed a complaint against defendants Timios, Inc. (“Timios”), Scott Chamberlain (“Chamberlain”) and Y. Sarumaru (“Sarumaru,” and together with Timios and Chamberlain, the “Defendants”), alleging claims for copyright infringement and contributory copyright infringement, among others. Chamberlain was a computer specialist who provided computer services to Timios as an independent contractor but who was later hired as an employee of Timios. Sarumaru was also a computer specialist and was an employee of Timios.

Continue Reading No Contributory Copyright Infringement in Software Copyright Infringement Case

Anthony Davis is a well-known college basketball player who completed his freshman season in 2012 playing for the University of Kentucky Wildcats and thereafter declared his eligibility for the 2012 NBA draft.  Most people agree that Davis will be the number one overall pick in the 2012 NBA draft.  He is known for being a highly skilled power forward, and for his distinctive unibrow.

As the 2012 NBA draft approached, the news wires began to buzz with headlines proclaiming that “Anthony Davis Has Trademarked His Unibrow.”  While these headlines likely horrified every esthetician in the country, the headlines actually misrepresent what Mr. Davis has done, and they overlook fundamental components of trademark law.

Continue Reading Fear the (Trademarked) Unibrow

Local artist (and Weintraub client) David Garibaldi will perform live on tonight’s episode of NBC’s "America’s Got Talent." And he needs your votes to ensure he makes it to the next round.

David Garibaldi, 29, and his CMYK’s are among America’s Got Talent’s Top 48 contestants who are competing to win a $1 million prize.

The Sacramento group is widely known for transforming an empty canvas into a unique large-scale painting live on stage through music and dance. David, a former graffiti artist, was inspired to change direction by one of his high school teachers.

Follow David Garibaldi and his CMYK’s America’s Got Talent journey on their Facebook page here.

And help us get out the vote by watching the show and calling in to vote. Tonight’s episode airs at 8:30 p.m. (PT) on NBC. 

By: Jeff Pietsch and Michael Robinson

It is Monday morning and you are recovering from a bachelor party in Sin City. Thankfully, your privacy settings on Facebook allow you to share pictures of your shenanigans in Vegas with only your friends. But what happens when your boss asks a friend and coworker to show him your embarrassing and private photos? Should a status update intended for a select few be protected from the prying eyes of your employer?

At an age when over 900 million people use Facebook, it is no surprise employers increasingly use social media in evaluating current and prospective employees. For example, last week the Federal Trade Commission (FTC) approved a process allowing a background check company to screen job applicants’ Internet photos and postings. The FTC determined that such actions were in compliance with the Fair Credit Reporting Act. This means a search of what you have said or posted to Facebook, Twitter, Flickr, blogs, and the Internet may become a standard part of background checks when you apply for a job.  

Continue Reading Shoulder Surfing: Can Employers Access Your Facebook Account

By: Audrey A. Millemann

 

The Supreme Court, in a very thoroughly written decision, Mayo Collaborative Services v. Prometheus Laboratories, Inc., 132 S. Ct. 1289 (March 20, 2012), has reiterated that laws of nature are not patentable.

 

The patent laws define patentable subject matter as “any new and useful process, machine, manufacture, or composition of matter.”  35 U.S.C. §101.  In a long line of cases going back to the mid-1800s, however, the Supreme Court has upheld an exception to patentable subject matter for “laws of nature, natural phenomena, and abstract ideas.”  Thus, while pretty much anything is patent-eligible, laws of nature (along with mental processes and abstract ideas) are not.

 

Continue Reading Supreme Court: Einstein’s Discovery (and Other Laws of Nature) Not Patentable