Posts tagged with: "intellectual+property"
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20 Jan 2010, 10:33 am by JJS
In this article, Intellectual Property attorney Joel Rothman discusses Intellectual Property law in Florida. Florida: Sand, Sun and Intellectual Property [read post]
3 Apr 2012, 2:30 pm by MLB
Judith L. Grubner Arnstein & Lehr Chicago Partner Judith L. Grubner has written an article in the April issue of The Intellectual Property Strategist, titled "The COACH Mark Is Famous, But Not Famous Enough to Support a Dilution Claim." The article discusses a decision from the U.S. Court of Appeals for the Federal Circuit that there was insufficient proof that the mark was a "household name" and famous enough to support a claim of dilution against a third party's COACH-branded educational… [read post]
21 Dec 2009, 12:51 pm by JJS
This issue includes decisions and analysis on the refusal of the Hotels.com registration, the redefinition of photographers' copyright interests, trademark rights for a clothing designer, licensing and security interests, Hallmark's anti-SLAPP challenge against Paris Hilton, and more issues relevant to intellectual property. Arnstein & Lehr Intellectual Property Law Newsletter Winter 2009 [read post]
17 Mar 2010, 10:09 am by JJS
The Spring 2010 issue of Arnstein & Lehr’s Intellectual Property Group’s newsletter highlights damages for false patent marketing, an analysis of Cuban trademarks in the U.S., a Second Circuit decision clarifying trademark dilution, a First Circuit decision interpreting a settlement agreement, and analysis of the Illinois Supreme Court interpretation of the Consumer Fraud Act. The [read post]
5 Apr 2012, 2:56 pm by MBA
Spring 2012 IP Newsletter Arnstein & Lehr LLP's Intellectual Property Spring 2012 Newsletter is now available. Articles authored by Arnstein & Lehr intellectual property attorneys include: Arnstein & Lehr welcomes new intellectual property partner David Newman; Induced infringement requires actual knowledge of infringed patent or "willful blindness"; Supreme Court affirms "clear and convincing evidence" standard to invalidate patents in all cases; Seventh Circuit affirms sanctions… [read post]
3 May 2011, 10:03 am by Stefanie Levine
Written by Brandon Baum , of baum legal and Practice Center Contributor. Orinda Intellectual Properties filed suit on April 25, 2011 against a long list (50!) of electronics companies alleging infringement of US 5,438,560 purporting to cover recording and reproducing optical information on Blu-ray discs. Fine, lots of patents in the Blu-ray arena. But a quick look at public PAIR shows that the USPTO found a substantial new question of patentability on March 7, 2011 and ordered a re-exam of all 3… [read post]
17 Nov 2011, 12:51 am by admin
Trademark infringement issues relating to domain name disputes and cybersquatting is an ever increasing concern for many businesses.  Trademark infringement litigation and domain name disputes are also likely to increase in the future as domain name availability is shrinking at a time when trademarks and domain names are essential to marketing and branding for growing businesses.  A Texas intellectual property lawyer can provide valuable expertise if you or one of your competitors are engaged in… [read post]
19 Nov 2011, 12:39 am by admin
Using a domain name similar to a competitors’ trademark or website name gives rise to trademark infringement lawsuits, a phenomenon that seems ever increasing.  With a little due diligence, you may find your competitors infringing your intellectual property rights online.  The Uniform Domain Name Dispute Resolution Policy (UDRP) provides a relatively quick way to approach a domain name lawsuit.  A Texas intellectual property lawyer can help advise your claim or an intellectual property… [read post]
5 Jan 2012, 9:00 pm by Stephanie Figueroa
Today we continue our weekly installment highlighting the best of the patent blogosphere from the past week. If there are any patent blogs you think should be highlighted by our Top 5, please comment on this post and we'll check them out! 1) IPWatchdog: Court Slams Frivolous & Vexatious Litigation with $4.7 MM in Fees - This post discusses the recent developments within the Federal Circuit in regards to no longer tolerating abusive patent litigation tactics with the case MarcTec, LLC v. Johnson… [read post]
25 Oct 2011, 12:06 pm by admin
IP development for technology startup companies hosts many challenges – some obvious, and other hidden opportunities for tech startup mistakes.  There’s no “free pass” for the consequences of business startup mistakes made in early stage tech startups, so it’s important to seek advice from an IP attorney to structure your intellectual property protection, IP licensing, and to protect you in employment law related intellectual property issues. Intellectual Property, Confidentiality… [read post]
18 Apr 2012, 10:00 pm by Stephanie Figueroa
Last week, the U.S. Department of Commerce released the report entitled, "Intellectual Property and the U.S. Economy: Industries in Focus," which highlighted the connection between Intellectual Property intensive-industries along with job creation and its relation to the U.S. economy. The report by the Economics and Statistics Administration and the United States Patent and Trademark Office (USPTO) identified 75 industries (from among 313, total) as IP-intensive. The findings support a message… [read post]
6 Mar 2012, 1:55 pm by Stephanie Figueroa
Today's IP Driven M&A seminar has kicked off live from San Francisco! The day's first panel was entitled, "The Evolution of IP Driven M&A", and featured Chairperson Ron Laurie, Jose A. Esteves, Mark F. Radcliffe, and Kira Kimhi. The panelists discussed the differences between tech patents and life science patents in regards to the roles they play in mergers and acquisitions. They also shared their experiences in the changing patent system and the emergence of strong non-practicing entities.… [read post]
6 Sep 2008, 4:51 pm
Who should derive revenue from remote DVR systems? According to a panel of the Second Circuit Court of Appeals Cartoons case, the revenue should not go to the content providers. This decision, grounded in three very narrow interpretations of the Copyright Act, works a shift of potentially significant revenue away from content providers. Hopefully, it will be challenged and reversed on rehearing. The case seemed simple for the content providers, but with judicial panel sympathetic to the other side,… [read post]
9 Nov 2011, 11:15 pm by admin
Trademark applications and service mark applications are often rejected due to a likelihood of confusion with another registered mark.  If you are registering a trademark or filing a service mark application, a Texas intellectual property lawyer can assist your trademark registration to limit the likelihood of trademark application rejection and trademark infringement litigation.  Often, the question of likelihood of confusion rests on a sliding scale of criteria and complex set of rules for… [read post]
13 Sep 2012, 5:00 am by Ruth Carter
Portion of C.C. Chapman’s Twitter feed – September 10, 2012 I saw the following tweet the other day by author C.C. Chapman: “Since my photos are licensed under “non-commercial” is this a legal use of my Chevy Volt photo by Yahoo?” The question was followed by a link to an article on Yahoo Auto about GM’s report regarding whether Chevy Volts are being sold at a loss. The photo accompanying the article is C.C. Chapman’s photo of a Chevy Volt that he published on Flickr with a Creative… [read post]
13 Jul 2008, 1:48 pm by Raymond Nimmer
The Supreme Court in Quanta Computer, Inc. v. LG Electronics, Inc., 2008 WL 2329719, 86 USPQ2d 1673 (US 2008) confirmed both the importance of patent exhaustion as a doctrine and the appropriate limitations of that doctrine - the doctrine does not apply to transactions that are conditional in nature. That means, simply, that the terms of a contract determine when or if exhaustion or first sale occurs. That is how it should be. But the limits must be part of a contract. Mere notices or warnings do… [read post]
18 May 2010, 5:40 pm by legalinformatics
Professor Sulaiman Al-Rafee and Professor Kamel Rouibah, both of the Kuwait University College of Business Administration, have published The Fight Against Digital Piracy: An Experiment, 27 Telematics and Informatics no. 3, pages 283-292 (2010). Click here for the full text of the article. Here is the abstract: With the increased reliance on the Internet, digital piracy is a hot topic that is receiving substantial interest. And while most studies concentrate on understanding piracy in developed… [read post]
23 May 2013, 5:00 am by Ruth Carter
Can programming language names be trademarks? by opensourceway from Flickr Last week a friend asked me if a business could trademark their name. Anyone who’s spent much time with me knows that the answer to every legal question is “It depends.” In this case it depends on whether your business name is trademarkable and if anyone else had claimed the same or a similar name for your category of goods or services. When you start a business, check the U.S. Patent and Trademark Office… [read post]
20 Feb 2013, 1:12 pm by Henry Sneath
Authored by Henry M. Sneath, Esq.  – Chair of the Intellectual Property Practice Group at Picadio Sneath Miller & Norton, P.C. , Pittsburgh, Pa. Today – The US Supreme Court in Gunn v. Minton decided that a patent legal malpractice case is properly brought in state court. The court held that even though the “case within a case” standard would require interpretation of a patent and other typically Federal Issues, that “case within a… [read post]
29 Nov 2012, 4:00 am by Ruth Carter
Old Scottsdale Sign by kmaschke from Flickr Whenever I ask my friends where I should take my quasi-foodie parents when they visit, one of the most common answers I get is FnB. This little restaurant in Scottsdale has won a bunch of awards and gotten a lot of good press since it opened three years ago, including a mention in Food & Wine magazine. The owners Charleen Badman and Pavle Milic recently announced that they’re moving FnB to a new location at the beginning of 2013. Shortly after that,… [read post]