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Features

The California Consumer Privacy Act: Everything You Wanted to Know But Were Afraid to Ask Image

The California Consumer Privacy Act: Everything You Wanted to Know But Were Afraid to Ask

Alan L. Friel

Part One of a Two-Part Article The California Consumer Privacy Act (CCPA) is a comprehensive new consumer protection law set to take effect on Jan. 1, 2020. In the wake of the CCPA's passage, approximately 15 other states introduced their own CCPA-like privacy legislation, and similar proposals are being considered at the federal level. Part One of this article covers how the CCPA applies to businesses — both in and outside California, the revenue threshold, proposed amendments and other open issues.

Columns & Departments

IP News Image

IP News

George Soussou & Jeff Ginsberg

More Than a Recitation of Hooke's Law Needed for Patent Protection A Claim for a Chair Limits the Claim to a Chair

Features

The Madrid System Turns 30: The Pros and Cons of Using the Madrid Protocol in the United States and for U.S. Based Companies Image

The Madrid System Turns 30: The Pros and Cons of Using the Madrid Protocol in the United States and for U.S. Based Companies

Stacey C. Kalamaras

This summer, the Madrid System turned 30 years old, and as two more countries prepare to join the Madrid Protocol we look at how the Madrid System has grown as it enters full adulthood.

Features

Exploring the Nebulous Boundaries of Trade Dress Image

Exploring the Nebulous Boundaries of Trade Dress

Nicole D. Galli

Now that we are in the digital age, questions have been raised about the trade dress of websites and apps.

Features

Damages for Extraterritorial Infringement of U.S. Patents Image

Damages for Extraterritorial Infringement of U.S. Patents

Aaron Davidson 

A look at the gray area of infringement of U.S. patents in the U.S., but with related consequences or actions outside the U.S.

Columns & Departments

IP News Image

IP News

Howard Shire & Christine Weller

Penn State Files Trademark Lawsuit against Sports Beer Brewing Company Can OSU Trademark the Word "The"?

Features

Analysis of Warhol Art Fair Use Ruling Image

Analysis of Warhol Art Fair Use Ruling

Robert W. Clarida & Robert J. Bernstein

The U.S. District Court for the Southern District of New York held that a series of silkscreen paintings and prints by Andy Warhol based on a photograph of music legend Prince taken by Lynn Goldsmith constituted a transformative fair use.

Features

Seeing Green: Protecting Brands In the Cannabis Industry Image

Seeing Green: Protecting Brands In the Cannabis Industry

David S. Gold

Branding is not a new concept, nor are the various intellectual property laws that protect brands. What is new to most is how this burgeoning industry can take advantage of those laws within the context of state and federal restrictions.

Features

Rights and Obligations In Patent Licenses Image

Rights and Obligations In Patent Licenses

Tom Gushue

The owner of a commercially successful patent may have competing desires. On one hand, the patent owner wants to protect the patent and secure its maximum benefit; on the other hand, the patent owner wants to avoid enforcement litigation with competitors because it is expensive and puts the patent at risk.

Features

Did Congress Create Unintended Risks to Innovators In the AIA?  Image

Did Congress Create Unintended Risks to Innovators In the AIA? 

Glenn E.J. Murphy

Many observers greeted the passage of the AIA into law as a long-overdue overhaul of U.S. patent law that aligned it with patent systems prevailing in the rest of the world. Who knew what mischief just seven of the AIA's more than 25,000 words contained? The U.S. Supreme Court answered earlier this year.

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    Chances are that if your company is involved in research and development of new technology there is a standards setting organization exploring the potential standardization of such technology. While there are clear benefits to participation in standards organizations — keeping abreast of industry developments, targeting product development toward standard compliant products, steering research and intellectual property protection into potential areas of future standardization — such participation does not come without certain risks. Whether you are in-house counsel or outside counsel, you may be called upon to advise participants in standard-setting bodies about intellectual property issues or to participate yourself. You may also be asked to review patent policy of the standard-setting body that sets forth the disclosure and notification requirements with respect to patents for that organization. Here are some potential patent pitfalls that can catch the unwary off-guard.
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