By Jeff Pietsch

And the Oscar goes too …. This phrase means only one thing to most people: the annual award given to those celebrated actors and actresses at the Academy Awards each February. The eight and a half pound gold plated statue standing thirteen and a half inches tall is as well known as any celebrity, and its name has become synonymous with the show itself. Although the origin of the name is in dispute, the statute has been called Oscar since the 1930’s. 

The Oscar name is a registered trademark of the Academy of Motion Picture Arts and Sciences, and they have vigorously protected the use of their famous mark. Recently, the Academy filed suit against an Italian broadcaster who used the word Oscar in the title of several of their award programs.   These shows were broadcast in Italian to subscribers living in the United States. The Academy filed a motion for summary judgment based on the broadcaster’s trademark infringement.  This motion was denied by the United States District Court, Central District of California. The judge held that the mark Oscar may be generic in Italian and may not be entitled to trademark protection.

Continue Reading The Academy Award’s Oscar: Golden or Generic under Trademark Law

Scott Hervey was quoted in a March 23, 2007 story on Internetnews.com about Oracle accusing SAP of "Massive" Theft in a complaint filed with California’s Northern District Court in San Francisco.  Oracle accused the German software company of engaging in "systematic, illegal access" to its computer support systems  in November and December 2006 and January 2007. 

For the complete article, click here. 

By Audrey A. Millemann

United States courts should not adjudicate rights under foreign patents, according to the Federal Circuit Court of Appeals. In an interesting case, the court was divided over whether a district court could decide infringement of a foreign patent. Voda v. Cordis Corporation, 476 F.3d 887 (February 1, 2007).

The plaintiff, Voda, owned several U.S. and foreign patents covering guiding catheters used in interventional cardiology. The plaintiff sued defendant, Cordis Corporation, a U.S. entity, in the Western District of Oklahoma for infringement of three U.S. patents. Cordis denied infringement and alleged invalidity.

Continue Reading U.S. Courts Should Not Decide Foreign Patent Infringement

Scott Hervey, Partner, Weintraub Genshlea Chediak Tobin & Tobin, and Mike Rodenbaugh, Senior Legal Director, Yahoo! Inc. presented  "Protecting Brands in the Legally Tangled World of Keyword Advertising" at American Conference Institute’s Corporate Counsel Forum on E-Marketing and Privacy Law on March 19, 2007  in Las Vegas, Nevada.  To view the presentation, click below.

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By Dale Campbell

When can you knowingly republish defamatory statements without risk of liability? When you do so on the Internet. 

The California Supreme Court, in Barrett v. Rosenthal (November 2006) 40 Cal.App.4th 33, followed the line of federal cases interpreting the Communications Decency Act of 1996 (CDA) to find broad immunity for both Internet service providers and users of an interactive computer service for republishing defamatory statements. 

Continue Reading California Supreme Court Affirms Broad Immunity for Defamatory Republication on the Internet