Balough
December 7, 2013
An employer may not be able to fire a “low-level” employee who refuses to sign a non-compete agreement under a ruling by a New Jersey state appellate court. In order to be enforceable, covenants not to compete must protect the legitimate business interests of the employer. So if an employee does not have access to […]
Balough
December 7, 2013
It’s black letter law that federal courts have exclusive jurisdiction to hear infringement actions under the U.S. Copyright Act. But now the Indiana Supreme Court has found that state courts may indeed hear cases involving the Copyright Act if the claims are raised first in a counterclaim. Federal courts have exclusive jurisdiction in cases when […]
Balough
December 7, 2013
Unless you can prove it otherwise, Victor is not Victoria. At least that’s what the United States Supreme Court found when it ruled that Victor’s Little Secret did not dilute the trademark of Victoria’s Secret. Victor’s Little Secret is located in a strip mall in Elizabethtown, Kentucky, just outside of Louisville. It sells adult videos, […]
Balough
December 7, 2013
The results of the voluntary dispute resolution mechanism to resolve domain name disputes is not entitled to any deference in federal courts, the appellate court for the Third Circuit has ruled. The court found that the Uniform Dispute Resolution Policy (UDRP) of the Internet Corporation for Assigned Names and Numbers (ICANN) does not qualify as […]
Balough
December 7, 2013
A federal judge has ordered an Internet Service Provider (ISP) to turn over the identity of a person suspected by a recording industry association of pirating recordings on-line.The judge found that the Digital Millennium Copyright Act of 1998 (DMCA) gave copyright owners the right to obtain subpoenas to force ISPs to give them information on […]
Balough
December 5, 2013
If you have a password protected website and someone gains access to it, they have violated the federal Wiretap and Stored Communications Acts, right? Don’t count on it anymore. The U.S. Court of Appeals for the Ninth Circuit says that such action does not violate the federal Wiretap Act and may not violate the Stored […]
