Parties competing for rights to a trademark must establish they used the trademark first, or that they have “priority.” One way to prove priority is through “tacking,” which applies the first use date of a similar mark to the mark at issue. On November 22, 2013, in Hana Financial, Inc. v. Hana Bank, the Ninth […]
Dish Network offers its customers the “Hopper”—a set-top box that combines video on demand (VOD) and digital video recorder (DVR) functionality. The Hopper uses “PrimeTime Anytime” and “AutoHop” to automatically record TV shows and skip commercials in those shows. Fox sued Dish, claiming these services infringed Fox’s copyrights, and moved for a preliminary injunction. The […]
In a decision that should give many employees a sigh of relief, the Ninth Circuit has held that browsing the Internet in contravention of an employer’s use restrictions does not give rise to criminal penalties under the Computer Fraud and Abuse Act (CFAA) 18 U.S.C. § 1030. In United States v. Nosal, No. 10-10038, 2012 […]
