News, views and muse


Embedding or linking to copyrighted material does not infringe

Last week, Judge Richard Posner and the Seventh Circuit Court of Appeals in Flava Works, Inc v. Marques Rondale Gunter, et al, rejected the premise that embedding, linking to, or watching infringing videos constitutes copyright infringement.

For example, if you found an episode of Seinfeld on YouTube and embedded or linked to it in your blog, you would not be violating U.S. copyright law; however, not so the person who uploaded the video to YouTube in the first place.

Analysts who develop IP valuation skills may be on top of the curve

Bloomberg reports while global deal volume is down 24 percent this year as of July 18, patent deals have jumped in the past 12 months to $18.8 billion from $450 million the year before. A handful of enterprising investment banks are finding advisory business that previously went to patent attorneys. “Patents have historically been a small, private, and illiquid asset,” says Robert Heath, head of corporate development at RPX, a San Francisco firm that buys and licenses patents. “Now you have money piling in from all kinds of sources.”

iPad trademark in China now belongs to Apple

The iPad trade mark in China officially belongs to Apple now, according to China Trademark Office’s latest ”Announcement of Trademarks.”

Nike skirting Olympic Committee trademark restrictions?

It appears Nike is going to great lengths to end-run the trademark protections set up by the International Olympic Committee. The Globe and Mail reports one of Nike’s latest ads shows athletes in London, Nigeria; London, Ohio; London, Jamaica; and runners competing in a marathon that runs through London … Ontario.

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