International laws apply according to the specific situation and circumstance. Moreover, international laws and the proper application of a given law can be confusing and complicated.
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International law refers to the various rules, agreements, and treaties that govern the relations between nations. Different countries are parties to different international agreements between countries, and so the operative law varies.
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Copyright counterfeiting may often be overlooked as another form of copyright infringement. In many instances, the original good that was counterfeited will have a copyright and therefore the unauthorized act of copying a copyrighted work constitutes an act of infringement.
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Section 504 of the Copyright Act provides for the recovery of damages as follows:
Except as otherwise provided by this title, an infringer of copyright is liable for either—the copyright owner’s actual damages and any additional profits of the infringer, as provided by subsection (b); or statutory damages, as provided by subsection (c). 17 U.S.C. § 504 (a).
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Damages for trademark counterfeiting include the same damages as trademark infringement plus an additional potential statutory damage
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In general, damages for trademark infringement include actual damages, the infringer's profits, and potentially attorney's fees and treble damages. For more information about trademark infringement damages, see our blog post, What are trademark infringement damages under the Lanham Act?
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The Southern District of Texas has developed its own set of rules governing patent cases. You can find the rules and additional information about them by visiting our Texas Local Counsel page and our Southern District of Texas Local Patent Rules page.
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Unlike other districts, the Western District of Texas has not developed its own set of rules governing patent cases. However, you can find the orders governing patent cases issued by Judge Albright by visiting our Texas Local Counsel page and our Western District of Texas Local Patent Rules page.
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The Eastern District of Texas has developed its own set of rules governing patent cases. You can find the rules and additional information about them as well as a diagram of the rules by visiting our Texas Local Counsel page and our Eastern District of Texas Local Patent Rules page.
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The Northern District of Texas has developed its own set of rules governing patent cases. You can find the rules and additional information about them as well as a diagram of the rules by visiting our Texas Local Counsel page and our Northern District of Texas Local Patent Rules page.
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The United States has many laws that protect intellectual property. For example, there are U.S. statutes that make it illegal to infringe upon a patent, copyright, or trademark. Similarly, the United States has laws against the misappropriation of trade secrets.
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In 2018, California passed the California Consumer Privacy Act (“CCPA”), which is slated to take effect the first day of 2020. The CCPA, with protections so similar to the European Union’s General Data Protection Regulation (“GDPR”) that it is known to many as “GDPR-lite,” regulates data breaches and consumers’ privacy.
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Some of the top legal issues for companies conducting business online and through the internet are internet & e-commerce regulations, domain name acquisition, Digital Millennium Copyright Act (DMCA) compliance, online privacy, social media policies, e-commerce law, and website agreements (privacy policies and terms of use).
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Impersonation and username squatting have increasingly become a common problem for companies today. As companies strive to maintain an online presence, they often become vulnerable to unwanted online behavior like impersonation and username squatting.
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Online sweepstakes, games, and contests have become increasingly popular thanks to the widespread use of social media and iOS applications. Companies, however, often overlook the need to include proper documentation and guidelines required by state or federal laws.
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In 1998, the Digital Millennium Copyright Act (DMCA) was signed into law for the purpose of adapting copyright law to a new digital climate.
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The Digital Millennium Copyright Act (DMCA) provides a safe harbor in certain circumstances for website operators, who host materials submitted by third parties that may infringe the copyrights of others.
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Domain listings and website listing services are generally scams. Domain owners often get invoices under the guise of an important and urgent deadline to “maintain” or “renew” a domain name listing before it expires. Domain owners should be careful of such notices.
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Domain squatting is also known as cybersquatting. It consists of the bad faith registration of a domain name that includes the trademark of a third party. Cybersquatters register domains with the intent to unlawfully profit from the trademark owner, either through diversion of traffic or the attempted sale of the domain to the trademark owner or a competitor thereof.
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