A recent Ninth Circuit decision in Antonick v. Electronic Arts, Inc. (filed Nov. 22, 2016), shows some of the proof issues that a plaintiff may encounter in prosecuting claims for copyright infringement in connection with software. A jury found in favor of plaintiff’s claims of infringement; however, the trial court granted the defendant’s motion for
James Kachmar
Locksmith Locked Out By Communications Decency Act
By James Kachmar on
Posted in Cyberspace Law, Web/Tech
The Communications Decency Act (“CDA”) provides broad immunity for “providers of interactive computer services.” In essence, if an internet service provider falls within certain parameters, it is entitled to immunity against certain claims of liability brought under state law. Last month, the Ninth Circuit again considered the breadth of such immunity in the case, Kimzey…
Trademark Assignability Laid Bare
By James Kachmar on
Posted in IP Law Blog Lawyers In The News, Trademark Law
Crazy Horse was a legendary Native American chief of the Oglala Lakota tribe who lived during the second half of the 1800s. Unfortunately today, his name may be more familiar as a brand for various products, such as motorcycle gear, whiskey, rifles and strip clubs. In Russell Road Food & Beverage, LLC v. Spencer, et…