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Features

The Seventh Circuit's Decision In 'Motorola v. Hytera': Examining the Extraterritoriality of the DTSA Image

The Seventh Circuit's Decision In 'Motorola v. Hytera': Examining the Extraterritoriality of the DTSA

Jie Gao & Hunter Hendrix

Can a company's trade secrets misused abroad give recourse on the extraterritoriality of the Defend Trade Secrets Act? Yes, said the 7th Circuit in an important new case which provides a roadmap for future cases involving international trade secret theft, finding liability for foreign misappropriation triggered by a domestic act.

Columns & Departments

IP News Image

IP News

Howard Sire & Di'Vennci K. Lucas

'Polaroid' and Online Self-Promotion: A Cautionary Tale

Features

Federal Circuit Decision Clarifies Obviousness-Type Double Patenting and Patent Term Adjustments In Allergan v. MSN Laboratories Image

Federal Circuit Decision Clarifies Obviousness-Type Double Patenting and Patent Term Adjustments In Allergan v. MSN Laboratories

Maia H. Harris & Emma C. Mann

On August 13, the Federal Circuit issued a precedential ruling that reversed the District of Delaware's application of the Federal Circuit precedent in In re: Cellect to invalidate a claim in an earlier-filed parent application over admittedly patentably indistinct claims in later-filed (and earlier-expired) child patents. This decision has resolved some substantial questions about the application of obviousness-type double patenting that had been raised by last year's In re Cellect decision.

Features

Hold On, I'm Suing: Artists' Protests over the Trump Campaign's Use of Their Music and What Some Courts Have Ruled in Similar Instances Image

Hold On, I'm Suing: Artists' Protests over the Trump Campaign's Use of Their Music and What Some Courts Have Ruled in Similar Instances

Stan Soocher

When artists take action over political-campaign settings, it's usually in the form of a cease-and-desist letter sent to a candidate's representatives. In some instances, artists file lawsuits, but to date there's been just a smattering of notable court decisions. This article provides a refresher on these rulings as well as a look at the recent lawsuit by the estate of Isaac Hayes over the Trump campaign's use of the classic soul song "Hold On, I'm Coming."

Features

Using Unique Product Features or Designs to Register Trademarks Image

Using Unique Product Features or Designs to Register Trademarks

Marc P. Misthal

Brand identity extends well beyond a brand name to encompass various elements. To truly protect your brand, consider what other features or designs can be registered as trademarks.

Features

Eighth Circuit Expands Its Copyright Law Jurisprudence Image

Eighth Circuit Expands Its Copyright Law Jurisprudence

Holley Horrell

The Eighth Circuit expanded its jurisprudence on copyright law twice in recent months. Addressing questions ranging from copyrightability to fair use, and arising from separate disputes involving a car dealership's customer intake form and a popular meme, these two opinions round out a body of just seven decisions on copyright law released by this appellate court in the past five years.

Features

Is Supreme Court the Next Step In Deciding ISP Copyright Infringement Liability? Image

Is Supreme Court the Next Step In Deciding ISP Copyright Infringement Liability?

Jimmy Hoover

A new appeal landed at the U.S. Supreme Court with potentially billions of dollars at stake for the music, movie and Internet industries. The question presented is whether internet service providers such as Cox Communications, AT&T and Comcast should be held liable for the copyright infringement committed by their users.

Columns & Departments

IP News Image

IP News

Matthew Weiss

Federal Circuit: Affirms Preliminary Injunction on Cancer Assays Federal Circuit: Affirms Judgment of Unpatentability on the Pleadings for Claims Directed to Method of Assisting an Investigator in Conducting a Background Investigation

Features

Proactive Brand Defense: Why Warren Buffett's Advice Matters More Than Ever Image

Proactive Brand Defense: Why Warren Buffett's Advice Matters More Than Ever

Allen Adamson

Warren Buffett's wisdom rings true: "It takes 20 years to build a reputation and five minutes to ruin it. If you think about that, you'll do things differently." In our current landscape of social media and viral content, a brand's reputation — its most valuable asset — can be severely damaged in mere seconds.

Features

Supreme Court Upholds Names Clause in Trademark Law, Emphasizing Historical and Traditional Foundations Image

Supreme Court Upholds Names Clause in Trademark Law, Emphasizing Historical and Traditional Foundations

Howard J. Shire & Justin Tilghman

In a landmark decision, the U.S. Supreme Court has unanimously upheld the constitutionality of the Lanham Act's provision that prohibits the registration of trademarks consisting of or comprising the name of a particular living individual without the individual's written consent.

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