The New York Bar Journal reports today that Judge Denny Chin of the federal Southern District of New York has ruled that the DVR service provided by Cablevision infringes the copyright rights of entertainment producers whose content is copied by and stored for consumer use by Cablevision’s system. Judge Chin found that Cablevision’s system differed…
Author Archives: Mark
Vonage Found to Have Infringed Verizon’s Patents
A federal jury has found internet telphone provider Vonage liable for infringing on patents held by Verizon Communications, and ordered it to pay $58 million in damages, as well as a 5.5% royalty on its sales prospectively. Perhaps more ominously fpr Vonage and its customers, the federal district judge presiding over the case has scheduled…
Splenda and NutraSweet Headed to Trial
Federal judge Gene E.K. Pratter, in a lengthy opinion, recently denied a summary judgment motion filed by McNeil Nutritionals, the manufacturer of Splenda in a case filed against McNeil by Merisant, Inc. the manufacturer of NutraSweet. Pratter’s ruling clears the way for a trial of Merisant’s Lanham Act claims against McNeil, in which Merisant alleges…
Who Owns the Name of Your Cup of Coffee
Seems that Starbucks has gotten into a rather contentious spat with the Ethiopian government and that country’s coffee farmers over the Ethiopians’ efforts to trademark the names of certain coffee growing locations. Starbucks uses the names of some of these locations in its product names, and has resisted the effort, initially opposing the applications for…
High Court Throws Out Award Against Philip Morris
On a 5-4 vote, the Supreme Court yesterday overturned a $79.5 million jury award against tobacco company Phillip Morris, holding that the damages award violated the company’s due process rights because, the punitive damages award was intended, at least in part, to punish Phillip Morris for harm allegedly cause to persons other than the plaintiff,…
Those Litigious Olivieri’s
Looks like the First Family of Philadelphia Cheesesteaks is back in court again. This time, Frank, Jr., now proprietor of Pat’s King of Steaks, is suing cousin Rick Olivieri, the maestro at Rick’s Steaks and self-crowned “Prince of Philly Steaks,” located at the Reading Terminal, over Rick’s allegedly unlawful use of Pat’s “crown” logo. The…
S&C Associate’s Destroyed Hard Drive May Destroy His Case
The New York Law Journal reports that former Sullivan & Cromwell asociate Aaron Charnley has apparently destroyed a personal computer hard drive that may have contained information relevant to the litigation between Charnely and the firm. Charnely has been given until February 14th to explain his actions to the Court. One word comes to mind…
H-P Apoints New GC
Hewlett Packard has announced (Wall Street Journal – subscription required) that Michael Holston, a litigation partner with the Morgan Lewis Law firm, has been appointed as the company’s next general counsel. Holston will replace former GC Ann Baskins, who resigned the position after the pretexting scnadal shook the company a few months ago. In Mike…