Copyright News: PRO-IP law, RIAA setback, DMCA rulemaking

Posted on October 22, 2008 by Brian Wm. Higgins

Copyright

  • On October 13, 2008, President Bush signed into law P.L. 110-403, the Enforcement of Intellectual Property Rights Act of 2008 (also known as the Prioritizing Resources and Organization for Intellectual Property Act or PRO-IP Act). The law creates a cabinet-level position entitled “Intellectual Property Enforcement Coordinator”, a.k.a. the Copyright Czar, who will “report directly to the president and Congress regarding domestic international intellectual property enforcement programs.” The Czar will have the responsibility of implementing a nationwide plan to combat piracy (sources: Wired; Counterfeit Chic; GovTracks; Copyright Office)
     
  • For more information about the new enforcement law, visit these previous posts:  link1, link2, link3
     
  • Minnesota U.S. District Court Judge Michael Davis overturned a $222,000 judgment against Jammie Thomas, mother of three, after finding he erroneously instructed jurors prior to deliberations that they could find copyright infringement on the basis that Thomas made copyrighted music recordings available on a popular file sharing network.  Davis’ decision means that the Recording Industry Association of America’s (RIAA) copyright infringement litigation campaign, now totaling over 30,000 lawsuits, has never been successful at trial (source: Wired)
     
  • The RIAA reportedly labeled a Texas Tech college student "vexatious" after she refused to pay music record labels $7,400 for allegedly infringing 37 songs on a popular file sharing network (source: Wired)
     
  • The Copyright Office announced a new rulemaking under the provisions of the Digital Millennium Copyright Act (DMCA) concerning the authority of the Librarian of Congress to exempt certain classes of works from the prohibition against circumvention of technological measures that control access to copyrighted works (17 U.S.C. 1201(a)(1)(c)). The purpose of the rulemaking is to determine whether there are particular classes of works as to which users are, or are likely to be, adversely affected in their ability to make noninfringing uses due to the prohibition on circumvention (source: Copyright Office)

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Maryland Judges To Discuss "Trial of a Patent Case"

Posted on February 9, 2008 by Brian Wm. Higgins

     If you are interested in learning the nuts-and-bolts of trying a patent case, join Maryland U.S. District Court Judges Marvin J. Garbis and André M. Davis, other judges, and a large faculty of litigators, in Scottsdale, AZ, on February 28-29, 2008, for Trial of a Patent Case. The live course, which will also be webcasted, is part of the 15th Annual Advanced ALI-ABA Course of Study for the Corporate Counsel and the Private Practitioner. Judges Garbis and Davis presided over a combined four patent lawsuits filed in the U.S. District Court for the District of Maryland in 2007. They also have a perspective on Maryland's comprehensive e-discovery protocol, which other jurisdictions have adopted. George F. Pappas, who is representing Microsoft in the Technology Patents lawsuit pending in the U.S. District Court for the District Maryland, will co-chair the program with Judge Garbis. 

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Trademark Litigation in Maryland: 2007 Trends

Posted on January 7, 2008 by Brian Wm. Higgins

     Thirty-four plaintiffs filed 39 trademark infringement lawsuits in the District Court for the District of Maryland in 2007 (see a list of the lawsuits and the parties involved after the jump). The 39 lawsuits involved 63 defendants (individuals and entities).  By comparison, in 2006, 37 patent infringement lawsuits were filed in Maryland. 

     Topping the list of companies filing the most trademark infringement lawsuits in Maryland in 2007 were Nutramax Laboratories, Inc., the Edgewood, MD, company that specializes in nutritional supplements (4 lawsuits), and Young Again Products, Inc.,the Maryland company that describes itself as being "in the business of production and sale of health and nutritional supplements" (3 lawsuits). Nutramax also topped the list of companies filing the most patent infringement lawsuits in Maryland in 2007 (see related post here).

     The 39 lawsuits filed last year were assigned to 11 Maryland District Court Judges: Bennett (3), Blake (2), Chasanow (1), Davis (4), Garbis (3), Legg (4), Motz (5), Nickerson (1), Quarles (5), Titus (1), and Williams (4).

     List of trademark lawsuits filed in 2007:

  • Nutramax Laboratories, Inc. v. PetMed Express, Inc.
  • American Mensa, Ltd. v. Inpharmatica, LTD et al
  • Sage Dining Services, Inc. v. Morrison Management Specialists, Inc.
  • Maid to Perfection Corp, v. Vernet et al
  • Pyramide USA, Inc. v. Meissner et al
  • Union of Orthodox Jewish Congregations of America v. The Wilder Spice Company
  • Nutramax Laboratories, Inc. v. Newton-Everett, L.L.C.
  • The Compassionate Friends, Inc. v. The Compassionate Friends of Maryland, Inc.
  • Stars-N-Bars Entertainment, Inc v. Golzar et al
  • Invenergy Wind North America LLC v. John Doe Numbers 1 Through 10
  • Moulin Rouge, S.A. v. Moulin Rouge Caterers, Inc. et al
  • Allegis Group, Inc. v. Bizet Human Asset Management
  • Extra Space Storage, LLC v. Maisel-Hollins Development Co. et al
  • Young Again Products, Inc. v. Young Again Rejuvenation Clinic, LLC
  • Thirty Eight Street, Inc. et al v. State Line LC et al
  • Young Again Products, Inc. v. JMS Partners Enterprises, Ltd.
  • Young Again Products, Inc. v. Vitamins Home
  • Archstone Consulting LLC v. Archstone Portfolio Solutions, LLC
  • Global Barbeque, LLC et al v. Rub, LLC et al
  • Coach & Courier, LLC v. Kent Island Coach & Courier et al
  • Bianchi et al v. Orendorff et al
  • The American Board for Certification in Orthotics, Prosthetics and Pedorthics, Inc. v. Board of Orthotist/Prosthetist Certification, Inc.
  • Ferrante, Inc. v. Eastern Atlantic Food Group, Inc. et al
  • First Mariner Bancorp. et al v. Affiliated Mortgage Protection, LLC et al
  • Nutramax Laboratories, Inc. v. CVS Pharmacy, Inc. MD
  • McCormick & Company, Inc. v. Weatherchem Corporation
  • The Hershey Company et al v. Vendomatic, Inc.
  • Patient First Corporation v. Patients 1st Medical Equipment Company
  • Nutramax Laboratories, Inc. v. Newton-Everett, L.L.C.
  • Leonard, Inc. v Quantum Sail Design Group, LLC et al
  • Government Employees Insurance Company v. Mostchoice.com, Inc.
  • SRT-MD, LLC v. Servage Hosting
  • Travco Products, Inc. v. KR Natural Products

Notes:
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