September 24, 2013
Westlaw Topical Highlights for Intellectual Property provides summaries of significant federal court decisions and legislative and administrative activities affecting Intellectual Property law. A Westlaw subscription is required to access the documents linked from this page.
Internet: Internet message board comments regarding trademarked product fell within nominative fair use. Stevo Design, Inc. v. SBR Marketing Ltd. 2013 WL 4648581 (D.Nev.) Discussions of a plaintiff’s trademarked product which had been posted on an Internet sports website did not constitute trademark infringement, in violation of the Lanham Act, but instead, fell within nominative fair use, since there was no confusion as to the owner’s sponsorship or endorsement. The posts had been made to the website’s message board by individual users of the site, so did not indicated the owner’s endorsement. Search engine results using the users’ posts’ comments did not produce initial interest confusion, since the plaintiff’s own websites appeared at the top of the search results. 2013 WL 4648581. (The full-text of the rest of the Topical Highlights is available within Westlaw Next, subscription required)
Radio and Television: Broadcast television networks seeking a preliminary injunction against a streaming services provider were likely to succeed. Fox Television Stations, Inc. v. FilmOn X LLC 2013 WL 4763414 (D.D.C.)
Music: Music licensee stated a claim for copyright infringement of phrase “say what” under fragmented literal similarity test. TufAmerica, Inc. v. Diamond 2013 WL 4830954 (S.D.N.Y.)
Music: Summary judgment for defendant on basis of immunity was precluded. Rock River Communications, Inc. v. Universal Music Group, Inc. 2013 WL 5227079 (C.A.9 (Cal.))