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Intellectual Property

  • During a time when online marketing, virtual shopping and electronic communication are more widely used than ever, it is critically important for entertainment industry businesses to be highly aware of how they are using trademarks, the scope of a trademark owner's rights and the consequences of infringing them.

    September 01, 2020Mark A. Salky and Jessica Johnson Fishfeld
  • Federal Treasury Enterprise Sojuzplodoimport v. Spirits International BV What do the fall of the Soviet Union, a heist of trademark rights, and Stolichnaya vodka have in common? They are all key components of the Russian Federation's efforts to reclaim its trademarks in Stolichnaya vodka.

    September 01, 2020Jared Looper
  • As survey evidence has become increasingly common in litigation, it is important to remember that not all surveys are made the same. It's important to be able to identify the right survey methodology for the matter at hand. Third in a series

    September 01, 2020Laura O'Laughlin, Harriet Ho and Duy (Joey) Duong
  • Federal Circuit: ITC Did Not Err in Denying Non-Respondent's Petition to Rescind Exclusion Order Based on Invalidity Grounds Federal Circuit: District Court Did Not Err in Ruling that 'Half-Liquid' Is Indefinite Federal Circuit: District Court Did Not Err In Allowing Jury to Determine Infringement Based on Products' Compliance with Standard

    September 01, 2020Jeff Ginsberg and Abhishek Bapna
  • In the first case in U.S. Supreme Court history argued by telephone, the Court ruled 8-1 in favor of Booking.com, holding that it could register as a trademark its eponymous domain name BOOKING.COM.

    August 01, 2020David H. Bernstein and Jared I. Kagan
  • As consumer surveys become increasingly common forms of evidence in matters involving copyright, patent or trademark infringement, so too do Daubert challenges that attempt to disqualify that evidence. However, getting admitted into court is no guarantee of success — you are not over the entire Daubert hurdle just yet. The next step is ensuring that your survey is convincing the fact finders that your survey's results are dependable and useful.

    August 01, 2020Rene Befurt, Marie Warchol and Anthony Nasr
  • Federal Circuit: Faulty Claim Construction Does Not End Patentability Determination Federal Circuit: Notice to Market Bio Product Not Negated By New Applications

    August 01, 2020Howard Shire and Shaleen Patel
  • On May 27, 2020 the U.S. Patent and Trademark Office (USPTO) proposed rule changes to govern inter partes review (IPR), post-grant review (PGR), and covered business method (CBM) review proceedings at the PTAB. This article provides a summary of each proposed rule change and its potential impact on PTAB practice.

    July 01, 2020Kerry S. Taylor and Nathanael R. Luman