In Uniloc USA Inc. v. Microsoft Corp., it is shown that patentees must establish a factual foundation for damages that considers factors that would actually play a role in royalty negotiations, as abstract rules alone won’t cut it in court.
Read MoreIn FreecycleSunnyvale v. The Freecycle Network, the U.S. Court of Appeals for the Ninth Circuit found that lack of control over the use of trademarks can amount to naked licensing and abandonment of trademark rights.
Read MoreIn UMG Recordings, Inc. v. Augusto, the U.S. Court of Appeals for the Ninth Circuit examined the role and nature of distribution of the work in determining whether a copyright holder retains control.
Read MoreThe Notorious Markets List identifies selected markets, including Internet, which exemplify the problem of marketplaces dealing in infringing goods and helping to sustain global piracy and counterfeiting.
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In Lenz v. Universal Music Corp., the court found that fair use must be considered in copyright infringement claims and DMCA takedown notices.
Read MoreThe FTA Tariff Tool provides a searchable database to find tariff agreements and trends allowing small businesses a better avenue for seeking to export.
Read MoreWhen hackers compromised Sony's PlayStation Network and Sony failed to act in accordance with its Privacy Policy, such action could be seen as deceptive trade practices leading to enforcement actions.
Read MoreNon-compete agreements must be ancillary to or part of an otherwise enforceable agreement, and must contain reasonable limitations as to time, geographical area, and scope of activity to be enforceable for trade secret protection.
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There are only so many plays on the word “hop.” And in the crowded craft beer industry, conflicts over trademarks are inevitable. So what can craft beer brewers do to establish a strong brand identity and avoid conflicts?
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This article covers some specific and brief considerations that in-house counsel should analyze about the use of social media and protecting IP and the company.
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Protecting company assets is detrimental and one of the best ways for IP protection is through employment agreements with employees and service agreements with independent contractors.
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The following is a summary of basic and advanced tips for protecting brands, and clients' interests in their trademarks and brands. Article by Darin M. Klemchuk.
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Read about the eight best steps to structure an effective and efficient IP enforcement program. Article by Darin M. Klemchuk.
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Trademark Bullying or TM Protection? In protecting famous marks, there has to be careful consideration given as to how these David and Goliath legal actions are going to be perceived by the company’s customer base, because it can backfire.
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China and IP: China is becoming a major player in both filings and enforcement of IP. As a result of its efforts to become a nation of innovators, China is becoming a popular place to file patent applications.
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Online businesses should use a terms of use agreement to serve as a contract between a website operator and a website user, essentially allowing the operator to set ground rules for the website's use, and help protect the business.
Read MoreIn 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.
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