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Tag Archives: Intellectual Property

Fair Use and Youtube – A Creator’s Take

Posted in Cyberspace Law, IP Law Blog Lawyers In The News, Web/Tech

6/25/16-  At the 7th Annual  VidCon in Anaheim, CA , Weintraub Tobin Shareholder Scott M. Hervey and Rian Bosak, Head of Network Operations Full Screen, presented  “Fair Use and Youtube- A Creator’s Take” to a standing room only audience of digital media creators and industry professionals.  Check out their presentation below:   Fair Use and Youtube- A… Continue Reading

Google’s Fair Use Defense Thwarts Oracle’s Attempt to Recover $9 Billion in Copyright Case

Posted in Copyright Law, Patent Law

In a high-profile case, a jury recently found that Google’s use of portions of Oracle’s Java software code was allowable under the fair use doctrine and thus did not constitute copyright infringement.  Oracle sought as much as $9 billion in damages from Google for incorporating approximately 11,000 lines of Oracle’s Java software code into Google’s… Continue Reading

Federal Circuit Applies Broadened Test For Divided Infringement

Posted in Copyright Law

On April 18, 2016, the Supreme Court denied certiorari in Akamai Technologies, Inc. v. Limelight Networks, Inc., 797 F.3d 1020 (Fed. Cir., August 2015) (“Akamai IV”), cert. denied, 2016 U.S. LEXIS 2768.  The Court declined Limelight’s petition for review of a $46 million jury verdict against Limelight for patent infringement.  The jury had found Limelight… Continue Reading

Five IP Pitfalls That Start-Up (and Grown Up) Companies Can Easily Avoid

Posted in Copyright Law, Legal Info, Patent Law, Trade Secrets, Trademark Law

In business, there are numerous opportunities for pitfalls, mistakes and errors and they come up in all different legal areas – from basic formation issues to labor and employment to intellectual property. Mistakes and missteps involving intellectual property can be particularly problematic because IP is a company asset; it constitutes a part of (often a… Continue Reading

Hidden Pitfalls of Old Non-Compete Provisions

Posted in Trade Secrets

Companies and employers around the country seek to protect their intellectual property by, among other things, using non-compete provisions in employment agreements. Generally, these provisions are intended to prevent an employee from soliciting or doing business with a former employer’s customer/clients over a set period of time and/or in regard to a set geographical area…. Continue Reading

Hey, that’s my beer! I think…

Posted in Trade Secrets

In the bustling craft brew economy brewers are faced with new issues every day. One that recently came to my attention arises when the craft brewery’s brewmaster or head brewer decides to either start his own craft brewery, or go to work for another brewery. While this may not initially seem like a big deal,… Continue Reading

Brewing Up Some IP

Posted in Copyright Law, Patent Law, Trademark Law

With so many new microbreweries popping up in Sacramento, the Bay Area, and the Greater San Diego area, I felt compelled to write the present piece for the benefit of the aspiring, as well as the established, microbrew entrepreneur. These individuals undoubtedly pour (excuse the pun) their hearts, souls, and hard-earned money into the development… Continue Reading

Zombies Have IP Too

Posted in IP Law Blog Lawyers In The News

Zombies have become part of our lives.  We are fascinated with vampires, but we are obsessed with zombies. Our obsession is best evidenced by the tremendous success of AMC’s television series “The Walking Dead,” about the zombie apocalypse.  The show first aired on Halloween night in 2010 and was watched by 5.35 million viewers.  It… Continue Reading