Google AdWords and Trademarks: The Difficulties and the Confusion

Posted by Cyberbear on March 31, 2017 in Litigation, Trademark |

Posted By: Aidan L. Clark Avoiding consumer confusion is the paramount goal of trademark law. Being able to identify a name or slogan—called a mark—with a certain product, service, or source of that product or service, can only benefit a well-running consumer market. As with many of our laws in the United States, they were drafted […]

The Rising Jurisdictional Problem of International Companies

Posted by Cyberbear on May 3, 2015 in Internet, Litigation, Uncategorized |

Posted by: Michael Avila April 20, 2015 As access to the Internet has grown to include almost half of the world’s population in its user base, the chances of websites and the companies owning them running awry of laws not inside that of its home country have grown much larger and more concerning. Google has […]

Protecting Innovation

Posted by Cyberbear on May 3, 2015 in Computer Hardware, Intellectual Property, Litigation, Patents |

Posted by: Michael Avila April 20, 2015 Article I, Section 8 of the United States Constitution provides Congress with the power “To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their writings and discoveries”. Through this statement the legitimacy of copyright and […]

Penalties for Misrepresented Take Down Notices

Posted by Cyberbear on May 1, 2015 in Copyright Law, DMCA, Intellectual Property, Litigation, Tech News |

Posted by: Chase Millea April 20, 2015 In the United States, a holder of a copyright under the Copyright Act maintains exclusive rights to reproduce and distribute work fixed in a tangible means of expression. In essence, that means that a person can protect against redistribution of original work without authorization. The Digital Millennium Copyright […]

Apps and Jurisdiction: Are apps automatically creating personal jurisdiction for app creators?

Posted by Cyberbear on April 28, 2015 in Internet, Litigation, Mobile Phones |

Posted by: David Medina April 19, 2015   The law on internet jurisdiction has been complicated from day one. Prior to the internet, a company’s actions had to be fairly deliberate to cause them to be exposed to personal jurisdiction in a given state. The reason for such a relatively strict rule was that otherwise, […]

Silk Road Shutdown: The Applicability of Conspiracy Law to “Ebay-like” Websites

Posted by Cyberbear on April 28, 2015 in Computer Crimes, Internet, Litigation |

Posted by: Stephen Mostrom April 18, 2015   Conspiracy is a staple of the United States judicial system. The term “conspiracy,” in the legal sense, means an agreement between two or more people to commit an illegal act. In essence, a conspiracy is a meeting of the minds with a sinister purpose, and it is […]

Google Search Autocomplete and Defamation

Posted by Cyberbear on April 27, 2015 in Internet, Judicial Decisions, Litigation |

Posted By: Kyle Sol Johnson April 5, 2015 Google is the world’s leading search engine service, with over a 65% market share in the U.S. and over 90% in Europe. An integral part of Google’s search feature is ‘autocomplete’ which shows an algorithmically derived list of search completion suggestions to users based on what millions […]

Aaron Swartz’s Alleged Conduct and the Computer Fraud and Abuse Act

Posted by Cyberbear on December 6, 2013 in Computer Crimes, Hackers, Intellectual Property, Internet, Litigation |

Posted By: Tammy Thibodeau   In Aaron Swartz’s superseding indictment the government alleged Swartz, accessed JSTOR and the MIT network “without authorization.” (United States v. Aaron Swartz, Crim. No. 11-CR-10260-NMG, 3, Sept. 12, 2012). Swartz had accessed the MIT network (and computers) four times “without authorization” after being blocked in three separate incidents. (Id.). Further, […]

Personal Jurisdiction and the Internet – Localizing Actions from Cyberspace

Posted by Cyberbear on December 6, 2013 in Internet, Litigation |

Posted By:  Chris Fong   The advent of the internet created an area where the traditional lines of jurisdiction are nearly entirely erased. The Supreme Court foresaw the how the advances in technology could affect the notion of jurisdiction and noted in Hanson v. Denckla that “[a]s [technological] progress has increased the flow of commerce […]

Hip Hop Lyric Site Issued Take Down Notice By NMPA

Posted by Cyberbear on December 4, 2013 in Blogging, Copyright Law, DMCA, Intellectual Property, Internet, Litigation |

Posted By: Ross Arkin   Ever since the Sugar Hill Gang proclaimed “I said a hip, hop, the hippie – the hippie
to the hip hip-hop, and you don’t stop 
the rocking to the bang-bang, boogie say up jump the boogie to the rhythm of the boogie the beat.”, hip-hop fans have collectively often said: “What?” […]

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