Posts tagged with: "intellectual+property"
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18 Feb 2011, 3:00 am
On a regular basis, we receive inquiries from clients about IP-related solicitations that they receive from third parties relating to things like renewing trademark registrations and domain names. Typical solicitations are one-pagers with a patina of legitimacy, referencing a particular IP asset, the owner, then usually ending with the punch line of requesting a fee or payment for "registration" or some other official-sounding service. (Example here.)
The Domain Name Strategy Blog (which you… [read post]
23 Jun 2011, 10:39 am
by: Robert Wagner, intellectual property attorney at Picadio Sneath Miller & Norton, P.C.
In an interesting nonprecedential opinion issued this week in Stamps.com Inc. v. Endicia, Inc. (No. 10-1328), the Federal Circuit affirmed (among other things) the District Court’s decision to limit the number of claims a patentee could bring against an accused infringer. The Court held that the District Court did not abuse its discretion in arbitrarily limiting Stamps.com to asserting 15 claims against… [read post]
9 Jun 2011, 12:56 am
To maximize IT company or technology business valuation for investment, business growth, business financing, selling a company, and other exit strategies, an IT company or technology business must focus on building two types of value: intrinsic value and strategic value.
Intrinsic value is a “sum of the parts” business valuation of an IT company or technology business’ assets, including equipment, intellectual property rights, revenue streams for products, services (ie, software as a service… [read post]
27 Aug 2012, 7:51 am
Trademark assignment is an area of U.S. intellectual property law where small business owners, startups, and investors can easily make big mistakes. Most people know that they need a trademark assignment agreement, and that trademark assignments must be registered with the U.S. Patent and Trademark Office.
Fewer people are aware that U.S. copyright law and case law adds specific requirements for the content of trademark assignment contracts, in addition to other technical requirements for… [read post]
31 Mar 2010, 7:51 pm
What’s the value of Intellectual Property?
IP rights are not inherently valuable. Their value is the strategic advantage gained by excluding others from using the intellectual property. To be valuable, your exclusionary rights should be strategically aligned with your business objectives. Without a strategic alignment, you may be wasting your investment and missing opportunities to capture valuable market advantages.
The most valuable IP rights are those that provide a competitive advantage … [read post]
19 May 2011, 6:54 am
The Hargreaves report was published on Wednesday. The report responds to the government’s instruction last autumn to look at whether current copyright laws are hindering innovation in this country. The short answer is, as Hargreaves succinctly puts it, ‘yes’; reform is needed (p1). The reaction to this report has been varied (for a list of opinions ranging from Publishers to Music Executives see Guardian article).
Hargreaves emphasised the drive for reform should be based on… [read post]
18 Apr 2011, 8:28 am
by: Robert Wagner, intellectual property attorney at Picadio Sneath Miller & Norton, P.C.
A recent decision from the Federal Circuit provides a boon for patent owners who are interested in filing suit against infringers but are concerned that their claims may be too broad to survive an invalidity attack. The decision in In re Takana (Case No. 2010-1262, April 15, 2011), allows a patent owner to file a reissue application before the US Patent and Trademark Office and add narrower claims to patent… [read post]
14 Feb 2011, 9:35 pm
You may be interested to know that the American Intellectual Property Law Association (AIPLA) did file a timely response on January 7, 2011, to the USPTO's original request for comments regarding whether "trademark bullying" is a significant problem deserving attention, see here.
Hat tip to Jackie.
Let's just say, it is starting to become clear why the USPTO dropped the phrase "trademark bullying" in favor of "aggressive litigation tactics" -- as both IPO and AIPLA view the phrase as unfair… [read post]
19 Feb 2010, 12:52 am
Image by Kaddele via Flickr
There is rarely been a movie in which Aamir acted which I did not enjoy. His acting, performances and selection of collaborating film artists has been consistently excellent. However, even I know (not bieng the stardust reading type) that Aamir enjoys a bit of a reputation of a gadfly venturing into the artistic autonomy of his collaborators. An extension of this tendency was recently exposed in a public spat over amendments mooted to the Copyright Act with Javed… [read post]
4 Oct 2011, 4:32 am
Key to Apple’s surging popularity have been the ease of use of its products and software, and seamless integration between its devices and services.
Arguably unique in the personal computer industry, Apple exercises strict controls over every element of its product line. This control over both the hardware and software used in its computers, peripherals and devices has enabled the company to ensure a consistent user experience worldwide, and to avoid compatibility issues which have in the past… [read post]
4 Aug 2011, 3:14 am
Image by Si McMahon, click for Flickr
Further progress was made in the Newzbin saga last week when the High Court ordered BT to prevent its subscribers from accessing the website. You may recall that the site had hopped abroad to the Seychelles, escaping the reach of the UK courts (or so it thought). However, despite its emigration, the Motion Picture Association has succeeded in finding another way to attack its user base.
The blocking order, the first of its kind in the UK, requires BT to… [read post]
9 Sep 2011, 1:10 pm
The Colorado Supreme Court recently made implementation of certain intellectual property policies and protections a bit easier for companies with staff, who, in the past might have taken their employers’ intellectual property and used it to compete with them.
Over the years Leyendecker & Lemire has worked with a number of established businesses to implement policies and procedures to protect these companies’ intellectual property and protect against potential employee competition. Generally,… [read post]
9 Oct 2009, 4:18 pm
This is my first foray into the world of blogging! Go me! I'm going to try to address this blog toward developments, issues, and oddities of matrimonial and family law in the State of New York. It's an ever changing field, sometimes on a daily basis. Now you may be asking, "who the heck are you and why are you blogging about New York matrimonial and family law… and what exactly is matrimonial and family law?" Those are good questions! I am Chuck Messina, father of 2, husband of 1, mediocre hockey… [read post]
19 Sep 2011, 3:33 am
Websites, iPad apps, accounting systems, and the software running on your home wireless router are all the result of an often considerable investment of time, money, skill and effort. In return, their creators are typically rewarded with a bundle of intellectual property rights. One of the most important of these is copyright, which protects the software itself, and the graphics and text used in the interface. However, more powerful protection is potentially available through registration of a… [read post]
28 Feb 2011, 2:35 am
According to Justia's Blawgsearch, these are the top 50 Intellectual Property Law Blogs of all time1. IP Thinktank2. IPKat3. Patent Docs4. Patently-O5. IPBiz6. The Trademark Blog7. Recording Industry v. The People8. Technology & Marketing Law Blog9. 43(B)log10. Philip Brooks Patent Infringement Blog11. University of Chicago Law School Faculty Blog12. Chicago IP Litigation Blog13. Two Seventy-One Patent Blog14. Eastern District of Texas Federal Court Practice Blog15. The… [read post]
8 May 2011, 5:17 pm
The IPKat, reporting from the Fordham IP Conference, recently noted the upbeat tone of the keynote delivered by Victoria Espinel, White House IP Enforcement Coordinator. While new technology may have rendered effective copyright enforcement a daunting prospect, and in the minds of some a losing battle, Espinel’s keynote at the conference, and the Obama Administration’s recent White Paper strike a different chord. Indicative of the new low-tolerance approach to IP… [read post]
21 Mar 2013, 5:00 am
I heard you can input a picture into the Google Images search engine to see if someone has stolen or used one of your pictures without your consent. I decided to try to figure it out to see if it works.
I’m happy to report it’s super easy. Here’s how you do it.
Go to the Google Images search page.
Click on the camera icon on the far right of the search bar. This will bring up the “search by image” box.
Paste the URL for the image you want to search for or upload it and… [read post]
28 Mar 2013, 5:00 am
Copyright license choice by opensourceway from Flickr
The Digital Millennium Copyright Act (DMCA) is part of the copyright law. Its purpose is to protect people who provide online forums but don’t control the content people post to them – like YouTube and Pinterest. If they receive a notice that material on their site is allegedly copyright infringement, they must remove it. This law gives content creators a way to react to copyright infringement when someone posts their work online… [read post]
14 May 2011, 2:51 pm
Posted By: Henry M. Sneath, principal shareholder and IP Group Chair at Pittsburgh Litigation and Patent Prosecution boutique Picadio, Sneath Miller & Norton, P.C. (hsneath@psmn.com or 412-288-4013)
The Patent Reform Act of 2011 portends yet another problem for small business folks trying to develop technology, and more importantly trying to enforce it. We have written about the pending legislation in prior posts. If it passes the US Congress, and if the “first to file” patent rule is… [read post]
11 Apr 2013, 5:00 am
Mushroom? by Oslo in the Summertime from Flickr
I’m a member of a Facebook group for people to discuss and share instances where other people use their work. Most of the members are nature photographers who do gorgeous work. Most of them have no desire to sue people who steal their work, but they would like to be compensated. And some of them are getting pissed when they find that someone has stolen their work and have started sending bills to people who use their work without permission.
This… [read post]