In Lahoti v. Vericheck, Inc., the Ninth U.S. Circuit Court of Appeals outlined the distinctiveness standard and made an important ruling regarding the registration of highly similar marks by third parties.
Read MorePhotos of copyrighted works aren’t necessarily subject to the same protections as the works themselves. When authorizing a third party to take such photos, copyright holders should protect their rights by contract.
Read MoreThe decision in Health Sciences, Inc. v. Bio-Engineered Supplements & Nutrition, Inc. involving ads that ran in a body-building periodical means current and prospective patent holders should consider the implications of how advertisements affect patentability.
Read MoreIn Bd. of Trustees v. Roche Molecular Sys. the lesson learned was to use proper language in assignment agreements to help ensure immediate conveyance.
Read MoreIn protecting a brand in social networking sites, one should be aware of the procedures for submitting complaints about copyright infringement, trademark infringement, and privacy concerns across the various platforms.
Read MoreThis article is a review of the developments in the trademark infringement case of Starbucks Corp. v. Wolfe’s Borough Coffee, Inc. and discusses trademark dilution and degrees of similarities for likelihood of confusion.
Read MoreIn University of South Carolina v. University of Southern California, the Federal Circuit Court of Appeals held that a lack of evidence of actual confusion isn’t necessarily the final word on the likelihood of confusion issue.
Read MoreIn International Seaway Trading Corp. v. Walgreens Corp., a case involving the design of footwear, the ordinary observer test was used to determine whether the design patent in question was invalid based on anticipation.
Read MoreIn Toyota Motor Sales v. Tabari, the nominative fair use doctrine as a defense to trademark infringement liability was reviewed.
Read MoreThis presentation discusses the statutory and common-law bases for stays pending patent review proceedings before the PTAB, analyzes the effectiveness of motions to stay pending patent review and the variety of factors that may help or hurt a litigant’s chances of seeking or avoiding a stay of litigation. Also, offers practical tips for obtaining a successful result.
Read MoreA presentation on patent damages update, and advanced patent litigation. Download the presentation for more on patent damages.
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With social media use continuously gaining business use for promotion of goods and services, companies should take proactive measures to protect their brands in cyberspace. Read more about brand protection.
Read MoreA presentation to 300+ entrepreneurs at the Entrepreneur's Insurance Symposium in 2013. View the presentation to see what can be considered a framework for best IP practices in business.
Read MoreSince conflict is a foregone conclusion, the question isn’t how to avoid it, it’s how to make it as painless as possible. Tips for dealing with conflict in the workplace.
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Hacker group Impact Team has followed through on its threat to release over 30 million user records from the extramarital dating service Ashley Madison, but site owner Avid Life Media continues using copyright law to limit the distribution of the leak.
Read MorePre-issuance or third party submissions provide a way for third parties to submit patents and printed publications to the USPTO to be considered during patent examination. This presentation describes what can be submitted, the form of submission, and also provides some examples of submissions that have been made.
Read MoreThis presentation on Induced Infringement provides an introduction to method patent claims and definitions, plus induced infringement before and after Akamai.
Read MoreA presentation on how Costco and its progeny affect the First Sale Doctrine.
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As part of your initial due diligence in investigating trade secret cases - whether on the offense or defensive, it is important to confirm whether copyrights or patents have been filed on the same or similar subject matter as the trade secret in the suit.
Read MoreThis presentation discusses several court decisions including Rambus/Micron and Rambus/Hynix, Qualcomm v. Broadcom, Rimkus v. Cammarata and Personal Audio v. Apple that highlight ethical issues that can arise during discovery. The presentation also addresses lessons that attorneys, clients, the courts as well as the State Bar can learn from these decisions.
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