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CyberLaw.Info News Headlines
Welcome to CyberLaw.Info... the cyberspace station at the junction of technology, entertainment and law. |
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· Thomas Must Pay RIAA $1.92M
(Jun 19, 2009)
· Intel v. Psion Suit for Netbook Trademark Settled
(Jun 02, 2009)
· Google Adwords Violate Trademark Owner's Rights
(Apr 04, 2009)
· Intel Files Dec Action for Use of the Mark Netbook
(Feb 27, 2009)
· Dell Petitions to Cancel Netbook Trademark
(Feb 20, 2009)
· New Internet Music Royalty Agreement Reached
(Feb 19, 2009)
· First Amendment Right to Anonymous Free Speech
(Feb 11, 2009)
· Metatag Infringement
(Feb 10, 2009)
· ASCAP Slams Tampa Bay Downs for $90,000
(Jan 07, 2009)
· Verizon Wins $33.2M from CyberSquatters
(Jan 01, 2009)
· Sony Settles COPPA Violations for $1M
(Dec 15, 2008)
· U.S. Sues Sony BMG for COPPA Violations
(Dec 11, 2008)
· Right to Anonymous Expression
(Dec 11, 2008)
· Criminal Slander Laws
(Dec 04, 2008)
· Licensing of Out of State Agents
(Dec 02, 2008)
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| Thomas Must Pay RIAA $1.92M |
| on Friday, June 19, 2009 - 04:02 PM Posted by: admin |
In the retrial of RIAA v. Thomas, initially written about here, the Defendant was found guilty of willful infringement of copyright in the amount of $1.92M by a jury in a Minnesota federal court. This exceeded the first judgment by $1.7M. Obviously, two times is not a charm. |
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 CyberLaw.Info |
| Intel v. Psion Suit for Netbook Trademark Settled |
| on Tuesday, June 02, 2009 - 05:16 AM Posted by: admin |
On June 1, 2009, Psion stated that it and Intel had "settled the trademark cancellation and infringement litigation brought in the Northern District of California relating to the 'Netbook' trademark registration. The litigation has been settled through an amicable agreement under which Psion will voluntarily withdraw all of its trademark registrations for 'Netbook.' Neither party accepted any liability. In light of this amicable agreement, Psion has agreed to waive all its rights against third parties in respect of past, current or future use of the 'Netbook' term."
See our prior article at: http://cyberlaw.info/Article112.htm.
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CyberLaw.Info |
| Google Adwords Violate Trademark Owner's Rights |
| on Saturday, April 04, 2009 - 05:17 AM Posted by: admin |
The Second Circuit Court of Appeals in Rescuecom v. Google 06-4881-cv ruled on April 3, 2009, that a trademark owner can sue Google for trademark infringement for selling its mark as a keyword in the AdWords program. Read the decision here. |
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CyberLaw.Info |
| Intel Files Dec Action for Use of the Mark Netbook |
| on Friday, February 27, 2009 - 07:29 AM Posted by: admin |
On February 25, 2009, Intel filed suit in the Northern District of California for a declaratory judgment against Psion, purported owner of U.S. Trademark Registration No. 2404976 issued on November 21, 2000 for the mark Netbook for use in connection with laptop computers. Intel contends "that the term 'netbook' is a widely used generic term that describes a class of affordable computing devices, much like the term 'notebook' or 'ultra-mobile PC.'" Adding fuel to Intel's fire is that Psion did not file suit against Intel and others even though it was aware this mark has been used generically by them for the past few years. Additionally, Intel alleges that Psion has not used the mark since the year 2000 because their product wasn't successful and was discontinued. Psion did sue Google, which now disallows others to use their search engine advertising services for the term as a result of the said suit. Intel claims it is now suffering damages because of Google's position. |
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CyberLaw.Info |
| Dell Petitions to Cancel Netbook Trademark |
| on Friday, February 20, 2009 - 09:16 PM Posted by: admin |
On Febraury 18, 2009, Dell filed a petition with the U.S. Patent and Trademark Office to cancel the mark "Netbook," registered by a Canadian company that sells mobile computers named "Psion." Dell has accused Psion of failing to defend the mark, not presently and contiuously using the term, and for lying about it. Dell further contends that the mark has become purely descriptive and generic. Check TARR status here. |
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CyberLaw.Info |
| New Internet Music Royalty Agreement Reached |
| on Thursday, February 19, 2009 - 04:05 AM Posted by: admin |
An agreement between the National Association of Broadcasters ("NAB") and SoundExchange (royalty collectors) was reached February 17, 2009 covering the Internet streaming operations at several thousand NAB member stations, including those owned by Clear Channel Communications Inc. and CBS Corp. Stations that are not members of the broadcasters' group have the option of joining the agreement, according to the NAB. The stations will now pay $1.50 for every song heard by a thousand listeners in 2009, rising to $2.50 per 1,000 listeners in 2015.
This agreement comes several weeks after SoundExchange struck a similar deal with the Corporation for Public Broadcasting. Under that agreement, SoundExchange gets an upfront royalty payment of $1.85 million for streaming of sound recordings on numerous public radio web sites from Jan. 1, 2005, through Dec. 31, 2010. |
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CyberLaw.Info |
| First Amendment Right to Anonymous Free Speech |
| on Wednesday, February 11, 2009 - 04:53 AM Posted by: admin |
In McIntyre v. Ohio Elections Commn., 514 U.S. 334 (Supreme Court of the United States, 1995), a woman was fined in violation of the Ohio Elections Commission Code for composing, printing, and distributing anonymous campaign literature which expressed her views on a proposed school tax. The Supreme Court held: "Under our Constitution, anonymous pamphleteering is not a pernicious, fraudulent practice, but an honorable tradition of advocacy and of dissent. Anonymity is a shield from the tyranny of the majority. It thus exemplifies the purpose behind the Bill of Rights, and of the First Amendment in particular: to protect unpopular individuals from retaliation -- and their ideas from suppression -- at the hand of an intolerant society."
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CyberLaw.Info |
| Metatag Infringement |
| on Tuesday, February 10, 2009 - 06:33 AM Posted by: admin |
Is the use of a competitor's trademark in metatags trademark infringement?
See Brookfield Communications, Inc. v. West Coast Entertainment Corporation, 174 F.3d 1036 (9th Cir. 1999), which held that West Coast's use Brookfield’s "moviebuff" trademark in a metatag on its website is infringement. But see, Playboy Enterprises, Inc. v. Netscape Communications Corp., 354 F.3d 1020 (9th Cir. 2004), where the Court stated that there would be no likelihood of confusion if the visitor knew from the address bar it was not visiting the trademark owner's site, but the competitor's. When the dust settles, we'll see whether metatag infringement really is a viable cause of action. |
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CyberLaw.Info |
| ASCAP Slams Tampa Bay Downs for $90,000 |
| on Wednesday, January 07, 2009 - 11:16 PM Posted by: admin |
On Tuesday, January 6, 2009, U.S. District Judge for the Middle District of Florida, Virginia Hernandez Covington, ordered Tampa Bay Downs to pay the American Society of Composers, Authors and Publishers (ASCAP), $90,000 in copyright statutory damages for using their music without a license. Additionally, Judge Covington granted a permanent injunction preventing Tampa Bay Downs from playing any ASCAP controlled compositions without permission. Covington also held Tampa Bay Downs president Stella Thayer responsible for the violations, saying she had the authority to supervise the racetrack's conduct. Apparently, Tampa Bay Downs did not comply with ASCAP's pre-suit notice to cease and desist playing its controlled compositions wthout license until after suit was filed.
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CyberLaw.Info |
| Verizon Wins $33.2M from CyberSquatters |
| on Thursday, January 01, 2009 - 05:43 AM Posted by: admin |
On Dec. 26, 2008, United States District Judge Jeremy D. Fogel in San Jose, CA, issued a default judgment of $33.2M for Verizon Communications in its suit based on claims of trademark infringement, illegal cybersquatting, and registering knockoff names which intentionally confused users as to the source of its products and services, against an Icann accredited registrar known as OnlineNic. In addition to the monetary award, Judge Fogel froze OnlineNic's assets and ordered the transfer to Verizon of all identical or conmfusingly similar domains, including, myverizonwireless.com, iphoneverizonplans.com and verizon-cellular.com. |
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| CyberLaw.Info Media Gallery |
The Coaster's Case, Circuit Court, Fort Lauderdale, FL, 1992.
From: Scanned Articles |
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| About CyberLaw.Info |
CyberLaw, Entertainment Law, Intellectual Property Law and Litigation
 CyberLaw.Info operates with an eye towards keeping its members informed of emerging legal issues and trends in CyberLaw. Principal attorney Elliot M. Zimmerman, licensed to practice law by the State of Florida and the United States District Court for the Southern District of Florida since 1981, is a Board Certified Intellectual Property Lawyer authorized to engage in a multi-jurisdictional federal copyright and trademark practice. He is a cyberlaw attorney, entertainment lawyer, music lawyer and litigator with an extensive background in state and federal litigation, cyberlaw, internet law, technology law, cybercrime defense, entertainment law, cyberentertainment law, music law, contract drafting and negotiation, copyright and trademark prosecution, domain name disputes, business law, book (novel, play, documentary, fiction, non-fiction, poem, biography, manual etc.) publishing, photography, video, film, television, radio, computer and multi-media law. Additionally, he is an experienced insurance (health, life, disability and ERISA) and personal injury lawyer and litigator; however, Mr. Zimmerman limits his practice as an insurance and personal injury lawyer to select cases.
Martindale-Hubbell AV RatingMr. Zimmerman is rated AV by Martindale-Hubbell. A Martindale-Hubbell AV Rating indicates that a lawyer has reached the height of professional excellence, has usually practiced law for many years, and is recognized for the highest levels of skill and integrity.
Founder and Former Chairman Florida Bar Entertainment, Arts and Sports Law Committee
Mr. Zimmerman is the founder and Chair Emeritus of The Florida Bar Special Committee on Entertainment, Arts and Sports Law, which became The Florida Bar Entertainment, Arts and Sports Law Section (EASL) in 1988. He has served as the Multi-Media Committee Chairman, Certification Committee Chairman, Webmaster, Web Site Committee Chairman and on the Executive Council of EASL. He is a published legal author, and has lectured students and lawyers at colleges, law schools, seminars and conferences on such topics as entertainment law, music law, internet law, cyberlaw, copyright, trademark, and domain name disputes. He received a distinguished service certificate from The Florida Bar, April, 2004 and EASL plaques of honor in 1999 (pictured in Gallery), 2005, 2006 and 2008. See http://easl.info.
Professional Musician and Computer Programmer
Mr. Zimmerman is truly a man of many talents and is a cyberlaw attorney, entertainment lawyer, music lawyer and litigator who is a published lyricist, composer, author, keyboardist, computer programmer and web designer. He has performed on keyboards throughout Florida and the USA with such notables as John "Spider" Martin, Jaco Pastorius, Ahmad Jamal (pictured in Gallery), Miguel Reyna, Duffy Jackson (pictured in Gallery), Sonny Stitt, Ben Champion, the Ink Spots (pictured in Gallery), and others. Mr. Zimmmerman designs, programs and serves as webmaster for several web sites, including EASL, The Florida Bar International Law Section, and Jacaranda Country Club Homeowners' Association, Inc. Many of Mr. Zimmerman's original PHP scripts are available for registered users by clicking "Downloads" at this site and at http://outerdomain.com. Mr. Zimmerman is also a Zikula Content Management System Consultant. Click here to view Zikula.org.
Also, he has recently created and is currently CEO of MusiciansExchangeOnline.com and President of CannibalMusic.com, Inc., located in Plantation, Broward County, Florida. MusiciansExchangeOnline.com is located on the world wide web at www.MusiciansExchangeOnline.com and CannibalMusic.com, Inc., is located on the world wide web at www.cannibalmusic.com. Both are online distributors geared towards internet marketing and sales for emerging artists, authors, musicians and computer programmers. Mr. Zimmerman's goal is to broaden the horizons for the undiscovered.
Vice President of Jacaranda Country Club Homeowners' Association, Inc.
Additionally, Mr. Zimmerman served as Vice President and lawyer for the Jacaranda Country Club Homeowners' Association, Inc. 2003-2008. See http://jcchoa.com.
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| CyberLaw.Info Legal Service Practice Areas |
Music Law
- Music Industry Litigation
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CyberLaw.Info
CyberLaw, Entertainment Law, Intellectual Property Law and Litigation
 SM
Elliot Zimmerman, P.A.
Attorney At Law
Board Certified Intellectual Property Lawyer
100 NW 70th Avenue, PH 203
Plantation, Florida 33317
In Fort Lauderdale, Florida, call (954) 565-6996
In Boca Raton, Florida, call (561) 989-9990
legal@cyberlaw.info
http://cyberlaw.info
http://entertainmentattorney.pro
CyberLaw.Info (tm): Board Certified AV Rated Intellectual Property Firm, CyberLawyers, & Entertainment Attorneys in Florida. CyberLaw, Internet Law, Entertainment Law, Music Law, Technology Law. Board Certified Intellectual Property Lawyer. Rated AV by Martindale-Hubbell. Personal Injury Law, Insurance Law and Litigation. CyberLaw Attorney, Internet Lawyer, Entertainment Lawyer, Music Lawyer, Personal Injury Lawyer, Insurance Lawyer and Litigator Serving Fort Lauderdale, Boca Raton, Weston, Plantation, Hollywood, Hallandale, Pompano Beach, Delray Beach, Boynton Beach, Palm Beach, Aventura, Miami, and Southeastern Florida (Broward County, Palm Beach County and Dade County) since 1981.
Law firm licensed to practice law by the State of Florida and the United States District Court for the Southern District of Florida since 1981. Board Certified Intellectual Property Lawyer authorized to engage in a multi-jurisdictional federal copyright and trademark practice.
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. You may view Mr. Zimmerman's qualifications and experience here.
Not all results are provided, the results are not necessarily representative of results obtained by the lawyer, and a prospective client's individual facts and circumstances may differ from the matter in which the results are provided.
Nothing in this web site should be construed as legal advice to you and does not establish an attorney client relationship between us. You should not rely upon any information contained herein without separate independent legal research and advice. Our law firm is under no obligation to respond to correspondence, including, without limitation, email, until a written retainer agreement is executed. Nothing contained herein should be construed as an endorsement of any and all products or services contained herein or accessible herethrough. By using this web site you agree to abide by our Terms of Use and Privacy Policy. Advertisement.
Our Designated Agent Under 17 U.S.C. 512(c)(2) to Receive Notification of Claimed Copyright Infringement and Registered Agent to Accept Service of Process is: Mr. Elliot M. Zimmerman, Esq., President of Elliot Zimmerman, P.A., a Florida Professional Association, 100 NW 70th Avenue, PH 203, Plantation, Broward County, FL 33317, Phone: 954.565.6996, Email: legal@cyberlaw.info.
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