Featured Publications by Subject

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Returning a Name to Its Rightful Owner (December 3, 2008)

Eric Ruder, The Beanstalk Group

(Networking and Storage)
Despite the prevalence of speculators who register domain names consisting of personal names (mainly those of celebrities), a method has not yet been devised to prevent this specific behavior. Several commentators have proposed a change in the rules to enable the protection of publicity rights to be added to the protection of trademarks and service marks. However, as more decisions are rendered under the Uniform Domain Name Dispute Resolution Policy (UDRP), which protects trademarks and service marks, the emerging pattern in numerous arbitrations is the protection of celebrities' names, but not the names of less famous people. Given the fact that most celebrities arbitrating against parties using such celebrity's name in a domain name are victorious, it appears that the current system is adequate and no change in the rules is warranted.

Spoliation of Electronic Evidence Can Lead to Death-Knell Sanctions (December 2, 2008)

Eric Sinrod, FindLaw

(Electronic Discovery)
There is little doubt now that discovery in civil litigation encompasses relevant electronic data. Some parties may think that they can avoid the consequences of producing such data by simply deleting the data or by employing tools that are designed to erase data. Such spoliation of evidence is a very bad idea, as courts are willing to impose serious and even death-knell sanctions, as demonstrated in a recent case.

The Power of Pre-Discovery (November 25, 2008)

Robert Childress III, Wave Software

(Electronic Discovery)
Electronic discovery is about fact finding, accuracy, truth . . . and money. Corporate clients pay millions of dollars, in some cases, for the time and expertise of their lawyers and technologists. These costs are rising, the direct result of rising quantities of discoverable electronically stored information (ESI).

Global Online Effort To Ascertain Validity of Patents (November 18, 2008)

Eric Sinrod, FindLaw

(Patent and Trademark Management)
Given the vast access to information now provided by the Internet, parties have a much greater ability to search for nformation as to whether particular patented inventions were indeed novel at the time they were invented. In this context, a company called Article One Partners, LLC (Article One) has emerged, launching a "new global community to legitimize the validity of patents."

Prospective Employees Inadvertently Open Their Kimonos to Employers On Social Networking Sites (November 4, 2008)

Eric Sinrod, FindLaw

(Software)
George Orwell, in his book 1984, envisioned a world in which Big Brother, the omnipresent government, watched our every move. In Orwell's world, notions of privacy were all but gone.

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