Lewis R Clayton

December 12, 2011 | National Law Journal

The 2d Circuit's forthcoming ruling in 'Cariou v. Prince' likely will be a significant landmark in the debate.

By Lewis R. Clayton

9 minute read

June 01, 2012 | The Legal Intelligencer

A user of an Internet search engine — Google, Bing, Yahoo — who includes a well-known trademark in a search is likely to see a group of ads related to that mark. These ads — typically appearing above or beside search results — may identify dealers or suppliers of the trademarked product, link to sites that offer advice or product reviews or point to sellers of competitive goods.

By Lewis R. Clayton

8 minute read

March 13, 2013 | New York Law Journal

In their Intellectual Property Litigation column, Lewis R. Clayton and Lynn B. Bayard, partners at Paul, Weiss, Rifkind, Wharton & Garrison, review recent decisions involving the relationship of patent law's "vitiation" test to the "doctrine of equivalents" theory of infringement, commercial-skipping DVR features, a vulgar lollipop, and more.

By Lewis R. Clayton and Lynn B. Bayard

12 minute read

March 11, 2013 | National Law Journal

Courts have been reluctant to draw line between material protected by privacy rights and matters of public concern.

By Lewis R. Clayton

8 minute read

January 11, 2012 | New York Law Journal

In his Intellectual Property Litigation column, Lewis R. Clayton, co-chair of Paul, Weiss, Rifkind, Wharton & Garrison's intellectual property litigation group, discusses domain-naming trends and disputes that could arise due to ICANN's open enrollment for new generic top-level domains, which will expand web address suffixes beyond .com and .net to possibly .cars and .apple.

By Lewis R. Clayton

12 minute read

February 14, 2007 | National Law Journal

The U.S. Supreme Court's decision last month in MedImmune v. Genentech affects nearly every patent license and technology transfer agreement across the country.

By Lewis R. Clayton/Special to The National Law Journal

8 minute read

February 21, 2005 | National Law Journal

The U.S. Court of Appeals for the Federal Circuit's decision last September in Knorr-Bremse Systeme F�r Nutzfahrzeuge GmbH v. Dana Corp. radically changed the rules governing claims of willful patent infringement.

By Lewis R. Clayton

9 minute read

August 02, 2004 | National Law Journal

In CoStar Group Inc. v. LoopNet Inc., a case that attracted amicus briefs from major industry players on both sides of the Digital Millennium Copyright Act (DMCA) negotiations, the 4th Circuit became the first appellate court to rule definitively that a Web site operator that passively and innocently posts infringing material received from its users does not violate the Copyright Act, even if it fails to qualify for the DMCA safe harbor.

By Lewis R. Clayton

9 minute read

September 12, 2012 | New York Law Journal

In his Intellectual Property Litigation column, Lewis R. Clayton, a partner at Paul, Weiss, Rifkind, Wharton & Garrison, writes that the speed and convenience of content distribution through the Internet has long posed a threat to traditional distribution channels and challenged courts to balance the benefits of freedom of access for the public with protection of the rights of intellectual property owners, as a recent federal decision shows.

By Lewis R. Clayton

12 minute read

August 11, 2008 | National Law Journal

In a closely watched case, after a bench trial, Judge Richard Sullivan of the Southern District of New York rejected claims that eBay should be responsible under the trademark laws for the sale of counterfeit Tiffany-branded jewelry on eBay's Web site. The case echoes part of the debate over whether file-sharing services should bear secondary liability under the copyright laws. The decision also illustrates the view that contributory trademark liability is far narrower than secondary copyright liability.

By Lewis R. Clayton

9 minute read