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The Intellectual Property Strategist

Features

IOC and Paris Attorneys Combatting Trademark Abuse at the Olympics Image

IOC and Paris Attorneys Combatting Trademark Abuse at the Olympics

Rick Mitchell

As the Paris Olympic Games get underway, trademark attorneys for the International Olympic Committee and Paris organizing committee will be working to protect the Olympic brand.

Columns & Departments

IP News Image

IP News

Howard Shire & Justin Tilghman

Are Affiliates Liable for Monetary Relief When They Are Not Named Parties to a Case?

Features

Blockchain Domains: New Developments for Brand Owners Image

Blockchain Domains: New Developments for Brand Owners

John McElwaine

Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.

Features

AI Can Facilitate Innovation, But It Can Also Become a Potent Patent Killer Image

AI Can Facilitate Innovation, But It Can Also Become a Potent Patent Killer

Michael K. Friedland

When is an inventor not an inventor? It's when the inventor isn't human. So, if a non-human inventor can't, in the eyes of patent law, be an inventor, what role can the non-human inventor have in the patent system? The answer is straightforward. Even though it can't create, it can destroy.

Features

Patent Your Trade Secrets In Wake of Noncompete Ban Image

Patent Your Trade Secrets In Wake of Noncompete Ban

Daniel E. Rose

While it may be growing more difficult to protect business information with the FTC's noncompete ban, patents can provide strong protection over technical innovations, regardless of whether the inventor stays with the company or leaves.

Features

Key Takeaways from the Latest USPTO Guidance on AI Image

Key Takeaways from the Latest USPTO Guidance on AI

James DeCarlo

The April Guidance, which supplements prior guidance issued in February, seeks to remind practitioners of existing rules and to educate them on potential risks associated with artificial intelligence tool use, allowing practitioners to mitigate these risks.

Features

Plans for New CA State Bar Exam Still In the Works, Despite IP Concerns Image

Plans for New CA State Bar Exam Still In the Works, Despite IP Concerns

Christine Charnosky

The State Bar of California's plans to launch a new state bar exam are still in the works even though Kaplan North America, which had been chosen to develop the exam, recently asked to withdraw from participating, citing intellectual property concerns raised by the National Conference of Bar Examiners.

Columns & Departments

IP News Image

IP News

Jeff Ginsberg & Zhiqiang Liu

Federal Circuit Sitting en banc Overrules Long-standing Test for Assessing Obviousness of Design Patents and Adopts the Same Framework Established for Utility Patents Federal Circuit Affirms District Court's Grant of §285 Fees Request for Fees Incurred in Litigation and Denial of Fees Request for Fees Incurred In a Parallel IPR Proceeding

Features

Trade Secret Protection Plans Provide Certainty to Employers Image

Trade Secret Protection Plans Provide Certainty to Employers

Hannah Elizabeth Jarrells & Edward D. Lanquist

The protection of trade secrets has long been understood to be a legitimate business interest, and, traditionally, companies have used non-competition clauses to protect their trade secrets. Now, with non-competition agreements in doubt and facing greater scrutiny, companies will need to rely on other protection mechanisms.

Features

Federal Circuit Overrules 'Rosen-Durling' Test for Design Patent Obviousness Image

Federal Circuit Overrules 'Rosen-Durling' Test for Design Patent Obviousness

Mikaela Stone

The downfall of the Rosen-Durling test will generally make it harder to obtain design patents and easier to invalidate design patents.

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