Internet Counterfeiters and Pirates Beware! Your Domain Names Are Subject to Seizure
Approximately one year ago, Immigration and Customs Enforcement launched "Operation In Our Sites" in an effort to hit counterfeiters and pirates where they live (at least, on the Internet), namely their domains. This article discusses the brief and still evolving history of OIOS, its statutory authorities, and its implications for brand and creative content owners.
IP News
Highlights of the latest intellectual property news from around the country.
Features
Cuban Embargo Prevents Renewal Of Trademark Registration
The Cuban trade embargo has been at issue for more than a decade in the long-running case between Bacardi and Pernod Ricard over the U.S. rights to the HAVANA CLUB trademark for rum.
TiVo v. EchoStar
On April 20, 2011, the Federal Circuit issued its opinion in the <i>TiVo Inc. v. EchoStar Corp.</i> case. No. 2009-1374 (Fed. Cir. Apr. 20, 2011). The decision marks a sea change for evaluating contempt of an injunction in a patent case, significantly limiting an infringer's ability to challenge an injunction on the grounds that it is vague or overbroad.
Features
Reining in the Inequitable Conduct Defense
Responding to views from the U.S. Patent and Trademark Office and elsewhere about the unintended consequences of the current inequitable conduct doctrine, a divided <i>en banc</i> Federal Circuit decision issued on May 25, 2011 adjusted the standard of the materiality element to make this defense harder to establish.
IP News
Highlights of the latest intellectual property news from around the country.
Features
A Turning Point?
Since its decision in <i>BMC Resources, Inc. v. Paymentech, L.P.</i>, the Federal Circuit has continued to raise the bar for direct infringement of a method claim where the claimed steps are performed by different entities.
Prometheus and Patentable Subject Matter Under 35 U.S.C. ' 101
The recent protracted dispute between Prometheus Laboratories and Mayo Collaborative Services has shed some light on the post-<i>Bilski</i> threshold for patent eligibility under 35 U.S.C. § 101.
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