on Wednesday, February 17, 2010 - 09:50 AM Posted by: admin
Pembroke Pines, FL. In Katherine Evans v. Peter Bayer, US District Court for the Southern District of FL (2008), Magistrate Judge Barry Garber ruled against Peter Bayer's, Principal of Pembroke Pines Charter High School, motion to dismiss the case against him individually for suspending Katherine Evans, a senior, who set up a Facebook page to complain about her teacher. Magistrate Garber agreed that Evans' First Amendment rights were chilled and Bayer had personal exposure to suit. Read the complaint here.
on Wednesday, December 16, 2009 - 11:07 PM Posted by: admin
Toronto Radio NewsTalk 1010 host Jamie Hofing interviewed Elliot Zimmerman on Dec. 16, 2009 regarding whether students have a right to be mean online. A recent LA Times article reported that a Beverly Hills school suspended an 8th grade student who posted a video on YouTube with several other students calling yet another student "spoiled," a "brat," and a "slut." Read the article here.
The suspended student took the case to federal court, saying her free speech rights had been violated. See J.C. v. Beverly Hills Unified School District, Case No. 08-cv-03824, California, U.S. District Court (2009). Last month, U.S. District Court Judge Stephen V. Wilson sided with her. "To allow the school to cast this wide a net and suspend a student simply because another student takes offense to their speech, without any evidence that such speech caused a substantial disruption
of the school's activities, runs afoul of the law," wrote Judge Wilson in a 60 page opinion.
on Friday, October 30, 2009 - 10:08 PM Posted by: admin
The Arizona Supreme Court ruled on Thursday, October 29, 2009, in Lake vs. City of Phoenix, CV-09-0036-PR that:
Arizona law provides that “[p]ublic records and other matters in the custody of any officer shall be open to inspection by any person at all times during office hours.” Ariz. Rev. Stat. (“A.R.S.”) § 39-121 (2001). The City of Phoenix denied a public records request for metadata in the electronic version of a public record. We today hold that if a public entity maintains a public record in an electronic format, then the electronic version, including any embedded metadata, is subject to disclosure under our public records laws.
on Thursday, August 13, 2009 - 05:51 AM Posted by: admin
On August 12, 2009, just one day after Judge Marilyn Hall Patel ruled against RealNetworks, Inc. and RealNetWorks Home Entertainment, Inc. ("RealNetworks") granting DVD Copy Control Association, Inc. ("DVD CCA") and several motion picture studios a preliminary injunction that prevents RealNetworks from selling or licensing its RealDVD software [RealNetworks, Inc. et al. v. DVD CCA et al., Case No. C 08-04548 MHP (N.D. Ca. 2008)], the California Court of Appeals for the Sixth Appellate District (Santa Clara) overturned a trial court's finding that Kaleidescape, Inc.'s DVD copy product did not violate its DVD CCA contract. Click here to see the Order in DVD CCA v. Kaleidescape, Inc., Case No. H031631 (Santa Clara County Super. Ct. No. CV031829). The appellate court remanded the case for trial.
on Wednesday, August 12, 2009 - 02:43 PM Posted by: admin
On August 11, 2009, Judge Marilyn Hall Patel ruled against RealNetworks, Inc. and RealNetWorks Home Entertainment, Inc. ("RealNetworks") granting DVD Copy Control Association, Inc. ("DVD CCA") and several motion picture studios a preliminary injunction that prevents RealNetworks from selling or licensing its RealDVD software. See RealNetworks, Inc. et al. v. DVD CCA et al., Case No. C 08-04548 MHP (N.D. Ca. 2008). Click here to read the 58 page Order and Memorandum. The court found that RealNetworks' DVD copy software, which decrypts copy protection, violated the Digital Millennium Copyright Act and RealNetworks' contract with the DVD CCA.
on Sunday, August 09, 2009 - 06:25 PM Posted by: admin
In Cadkin v. Loose, 569 F.3d 1142 (9th Cir. 2009), the Ninth Circuit held that a voluntary dismissal without prejudice does not confer prevailing party status for a claim brought under the Copyright Act. Accordingly, Defendant was not entitled to attorneys' fees under Section 505 of the Copyright Act which provides that the court may, in its discretion, award full costs, including reasonable attorneys’ fees, to the prevailing party in a claim arising under the Copyright Act. 17 U.S.C. § 505. The Court overruled Corcoran v. Columbia Broadcasting System, Inc., 121 F.2d 575, 576 (9th Cir. 1941) in light of Buckhannon Bd. & Care Home, Inc. v. W. Va. Dep’t of Health & Human Res., 532 U.S. 598, because “prevailing party” status turns on whether there has been a “material alteration of the legal relationship of the parties.” In Oscar v. Alaska Dep’t of Educ. & Early Dev., 541 F.3d 978, 981 (9th Cir. 2008), the Ninth Circuit recently held that a dismissal without prejudice does not alter the legal relationship of the parties in a similar fee shifting statute.
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.
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."
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.
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.
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 Rating
Mr. 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.
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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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
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.
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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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