DOJ: “Policies Should Affirmatively Set Forth the First Amendment Right to Record Police Activity”
Thursday, May 17th, 2012
In a letter to counsel regarding Christoper Sharp v. Baltimore City Police Department, the United States Department of Justice, Civil Rights Division reaffirmed the right to record police activity, stating that: “Policies should affirmatively set forth the contours of individuals’ First Amendment right to observe and record police officers engaged in the public discharge of [...]
Federal Court Enjoins Section of NDAA as Violative of First Amendment
Thursday, May 17th, 2012
Journalists and activists challenged Section 1021 of the National Defense Authorization Act, which allows for detention of persons who “substantially support” those “engaged in hostilities against the United States.” Judge Forrest of the Eastern District of New York granted a preliminary injunction, finding that the statute chills First Amendment speech and is unconstitutionally vague: Hedges [...]
In Copyright Action, Judge’s Report Finds that IP Addresses Alone are Insufficient to Identify Defendants
Monday, May 14th, 2012
In a copyright infringement case involving alleged unauthorizing downloading, Magistrate Judge Brown of the Eastern District of New York rejects plaintiff’s argument that defendants can be identified by solely by the IP addresses they had paid for: “[I]t is no more likely that the subscriber to an IP address carried out a particular function . [...]
Maker’s Mark Prevails in its Infringement Action to Enforce its “Dripping Red Wax” Trade Dress
Wednesday, May 9th, 2012
Makers Mark opinion h/t Volokh Conspiracy
Village People Singer’s Victory in his Quest to Reclaim Copyrights of Musical Compositions
Tuesday, May 8th, 2012
Victor Willis, the lead singer of Village People, had sought to enforce his statutory right under the Copyright Act to terminate transfers of his copyright in 33 compositions. The publishing company had sought a declaratory judgment that he was not entitled to do so. Southern District of California grants Willis’s motion to dismiss: Scorpio Music v. [...]
TTAB Refuses Registration for “FANTRIP” as Merely Descriptive
Monday, May 7th, 2012
FanTrips TTAB Refusal TTAB sustains the opposition to applicant’s registration for the trademark “FANTRIP” in connection with fan-based travel services. Opposer had been using the brand name “FAN TRIPS” in connection with its own fan-based travel services. When you are seeking registration of your trademark, consider: Is your proposed trademark inherently distinctive, or does it [...]
Tor Ekeland P.C. Retained to Enforce Designer Copyright
Thursday, January 26th, 2012
An accomplished designer has retained Tor Ekeland, P.C. to enforce their copyright against a blatant infringement. The firm intends to vigorously prosecute our client’s rights and remedies in this matter.
Noted Photographer Katja Heinemann Retains Tor Ekeland, P.C.
Thursday, January 19th, 2012
Noted photographer Katja Heinemann has retained Tor Ekeland, P.C. to provide general counsel as to her contract and intellectual property issues. Katja Heinemann, a German photographer based in Brooklyn, NY, regularly produces photo essays, new media stories and portraiture for editorial, commercial and institutional clients in the U.S. and abroad. Clients have included Time Magazine, People, Parade, [...]
Noted Photographer Stephanie Keith Retains Tor Ekeland, P.C.
Wednesday, January 18th, 2012
Noted photographer Stephanie Keith has retained Tor Ekeland, P.C. to provide general counsel as to her contract and intellectual property issues. Stephanie’s work has appeared in The New York Times, The Wall Street Journal, U.S.A. Today, The Village Voice, Rolling Stone, and numerous other publications. Stephanie’s photos of Occupy Wall Street have run all over [...]
Computer Fraud and Abuse Act Litigation Dramatically Increases
Saturday, January 14th, 2012
Hat tip to Orin Kerr at Volokh Conspiracy for the interesting chart below showing a rise in court citations of the Computer Fraud and Abuse Act (“CFAA”). This makes sense as the proliferation of technology is turning everything into a computer. The CFAA criminalizes, among other things, unauthorized access to a protected computer. The definition [...]
