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A Summary of the New Rules for Litigating Before the TTAB
EDITOR'S NOTE: After this month's issue of The Intellectual Property Strategist went to press, U.S. District Judge James Cacheris granted a motion by GlaxoSmithKline for a preliminary injunction blocking the U.S. Patent and Trademark Office from implementing the rules set to go into effect on Nov. 1. For up-to-date information, see http://www.lawjournalnewsletters.com/issues/ljn_patent/8_6/news/149619-1.html
On Aug. 1, 2007, and as reflected in Volume 72 of the Federal Register published on that date, the U.S. Patent and Trademark Office ('USPTO') issued a final rulemaking action titled 'Miscellaneous Changes to Trademark Trial and Appeal Board Rules' (the 'Amendments'). According to this rulemaking action, which modifies a number of provisions within Title 37, Part 2, of the Code of Federal Regulations (the 'Rules'), the effect of these Amendments is fourfold, namely:
1) To require service of complaints or claims on defendants in inter partes proceedings before the Trademark Trial and Appeal Board (the 'Board');
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?