Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Features

Choosing Between Trade Secret and Patent Protection: A Primer for Businesses Image

Choosing Between Trade Secret and Patent Protection: A Primer for Businesses

Darren M. Franklin

When deciding whether to apply for patent protection on an innovation or whether to keep the innovation confidential as a company trade secret, there are many considerations that a business must take into account stemming from the different characteristics of each.

Features

Protecting Clients In the Virtual World Image

Protecting Clients In the Virtual World

Cameron B. Pick

The "metaverse" in conjunction with Web 3.0 can be thought of as an immersive virtual reality world or worlds, where users can play games, socialize,…

Features

Trademark Coexistence May Become a Necessity As Market for Trademarks Grows Image

Trademark Coexistence May Become a Necessity As Market for Trademarks Grows

Ben Thompson & Robert Moorman

Trademark publication can be an anxious part of the application process, with fear of aggressive opposition and costly proceedings looming in the background. But many oppositions, whether they are only threatened or actually filed, afford the applicant a discussion with the opposer that can ultimately be helpful in nonobvious ways.

Columns & Departments

IP News Image

IP News

Jeff Ginsberg and Zhiqiang Liu

Federal Circuit Affirms Precedential Opinion Panel Decision Limiting the Circumstances In Which the Board Should Raise Sua Sponte Patentability Issues Against Proposed Substitute Claims Federal Circuit Rejects District Court's Claim Construction As Being Too Narrow Federal Circuit Rejects District Court's Claim Construction Because It Is Not Supported by the Intrinsic Evidence, and Leaves Dependent Claims Without Scope

Features

Attorneys Forecast Legal Challenges In NFTs Image

Attorneys Forecast Legal Challenges In NFTs

Cedra Mayfield

As nonfungible tokens, or NFTs, continue to grow in popularity through cryptocurrency purchase, sale and trade online, opportunities for entertainment attorneys in the emerging industry also are booming. For this article, attorneys shared how they're grabbing hold of NFT-related work and the challenges they foresee.

Features

How NCAA Athletes and Brands Can Avoid Big Mistakes In NIL Influencer Agreements Image

How NCAA Athletes and Brands Can Avoid Big Mistakes In NIL Influencer Agreements

Nicole Demas, L. Andrew Tseng & Sean P. McConnell

The biggest event of the year in college sports just concluded as national champions were crowned in men's and women's basketball, and hundreds of thousands of college athletes are entering the influencer marketplace for the first time. College athletes now find themselves attractive candidates in the fast growing influencer marketing arena. With the FTC Commissioner taking a closer look at the use of influencers for marketing, student athletes and brands should take care when entering into the influencer marketing arena.

Features

Ninth Circuit Issues Decision on Trade Secret Injunctive Relief Image

Ninth Circuit Issues Decision on Trade Secret Injunctive Relief

John Lanham & Nishi Tavernier

Earlier this year, the Ninth Circuit issued a decision affirming a district court's denial of an injunction following a finding of trade secret misappropriation. While the opinion is designated as unpublished — and therefore not precedential — the panel's reasoning sheds light on an important issue in trade secrets remedies.

Features

Comic Legends' Estates Say Pandora Streamed Routines Without License Image

Comic Legends' Estates Say Pandora Streamed Routines Without License

Thomas Kjellberg & Robert W. Clarida

In dual lawsuits, the estates of Robin Williams and George Carlin accuse Pandora Media of willfully infringing the legendary comedians' registered copyrights in their "spoken word compositions" — their standup routines — by streaming the sound recordings that embody those routines without a license to use these works.

Columns & Departments

IP News Image

IP News

Howard Shire & Stephanie Remy

Federal Circuit: District Court Abused Discretion By Attributing Inconsistent Position to Plaintiff

Features

Brands In the Metaverse: Opportunities, Risks and Strategies Image

Brands In the Metaverse: Opportunities, Risks and Strategies

Brandon Leahy and Chloe Delehanty 

While it is still unknown how the metaverse will take shape, lawyers advising brands should familiarize themselves with the opportunities it presents, the risks involved, and strategies to consider for enhancing and protecting a client's brand.

Need Help?

  1. Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
  2. Need other assistance? email Customer Service or call 1-877-256-2472.

MOST POPULAR STORIES

  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
    Read More ›
  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
    Read More ›