The Court of Appeals for the Second Circuit (New York) held that the ISP website owner who had a DMCA takedown process but whose employees had personal knowledge that some third-party posted videos did contain infringing material was immunized by the Digital Millennium Copyright … [Read more...] about DMCA Safe-Harbor Immunizes ISP Irrespective of Employees’ Knowledge of Infringement
YouTube Wins Against Viacom In Copyright Infringement Lawsuit
Last month, the Southern District Court of New York dismissed Viacom International’s complaint, finding that YouTube was not liable for copyright infringement of copyrighted videos appearing on YouTube.com. Viacom International, Inc. v. YouTube, Inc., Case No. 07-cv-02103-LLS … [Read more...] about YouTube Wins Against Viacom In Copyright Infringement Lawsuit
Knights of Malta Did Not Commit Fraud In Filing USPTO Trademark Application
The 11th Circuit Court of Appeals overruled a district court’s decision that one ancient branch of the Knights of Malta committed fraud when it filed its federal trademark application in 1958. Another ancient branch of the Knights of Malta sued for trademark infringement and … [Read more...] about Knights of Malta Did Not Commit Fraud In Filing USPTO Trademark Application
Willfully Blind Acts Establish Copyright Infringement Piercing DMCA Immunity for Website Host Provider
The Second Circuit Court of Appeals in New York has ruled that Internet service providers cannot turn a blind eye (be willfully blind) to users who post copyrighted content on the provider’s website. This appellate court decision diminishes the service provider’s immunity under … [Read more...] about Willfully Blind Acts Establish Copyright Infringement Piercing DMCA Immunity for Website Host Provider
Supreme Court Rules That Willful Blindness Establishes Inducement of Patent Infringement
The U.S. Supreme Court ruled that inducing patent infringement under 35 U.S.C. § 271(b) requires knowledge “that the induced acts constitute patent infringement” but willful blindness “of critical facts that are strongly suggested by the circumstances” is sufficient to establish … [Read more...] about Supreme Court Rules That Willful Blindness Establishes Inducement of Patent Infringement
