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Designer Skin LLC v. S & L Vitamins, Inc., et al.
Unauthorized internet reseller of plaintiff’s products is not guilty of trademark infringement, and does not cause actionable initial interest confusion, by using plaintiff’s trademarks in meta tags of website at which plaintiff’s and its competitors’ products are sold, and in...

Streaming - Internet Library of Law and Court Decisions - Updated January 1, 2002

Civ. No. 01-0408, 153 F. Supp.2d 763 (E.D. Pa., August 1, 2001) aff'd. 347 F3d 485 (3rd Cir. 2003)

FCC licensed AM-FM radio stations are permitted to broadcast sound recordings over the air in their geographic region without paying royalties to those who hold a copyright in those sound recordings. The United States Copyright Office promulgated rules ("Rules") making it clear that the statute under which such royalty free transmissions are permitted, 17 U.S.C. §114, does not extend to the simultaneous transmission of those radio broadcasts over the Internet via streaming. Those who wish to make such transmissions must accordingly obtain a license, with attendant fees, from the holders of the copyright in those sound recordings they seek to "stream". Holding both that the Copyright Office had the authority to promulgate rules interpreting the statute in question and had approximately exercised such authority here, the Court upheld the Rules against challenge.

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