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Legal Issues Archive June 2009

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Is Filesharing Legal as Fair Use?
Amidst the RIAA lawsuits with Napster, one might end the debate altogether.  Joel Tenenbaum is arguing that peer-to-peer downloading falls under Fair Use.  This means essentially that all music shared between users for nonprofit use would be deemed legal, thus ending the copyright fight over filesharing.  See more of the issue here.
 
Companies Still Claim Royalties on Expired Patents
When a patent expires, it is supposed be available for free use to the public.  However, it has recently been discovered that some companies are claiming already expired patents as otherwise, and illegally receiving royalties for the items and stifling competition. These companies are now being sued for using this policy.  See more of the issue here.
 
Gene Patents Creating Demand for Paralegals?
The legality of patenting genes has been brought into question quite frequently these days.  This has resulted in increased lawsuits, which have caused many firms to hire additional staff in order to analyze all of the paperwork.  While these lawsuits may create more jobs for paralegals today, will they taper off in the future?  See more of the argument
here
 
 
Trademark Dilution: What Is It and How Can It Affect You?
Trademark dilution – the unauthorized use of another's trademark on products that have little connection with those of the trademark owner, thus lessening the mark's uniqueness – is becoming widespread.  Find out how this can affect your business and how you can protect your mark from dilution. 
 
 
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