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We found 1,378 results for "The Intellectual Property Strategist"...

Famous Marks Doctrine: A Defeat in New York State
In <i>ITC Limited v. Punchgini, et al.,</i> the New York Court of Appeals declined to recognize the 'famous marks' doctrine, but it did confirm the possibility of protection under existing common law theories of misappropriation in certain limited circumstances.
Bone of Fido Parody: <i>Louis Vuitton v. Chewy Vuiton</i>
A biting satire it may not have been, but <i>Louis Vuitton Malletier S.A. v. Haute Diggity Dog, LLC</i> nonetheless concluded that canine chew toys fashioned after Louis Vuitton handbags were a permitted parody that did not infringe or dilute Louis Vuitton's admittedly well-known marks. Although the decision scratches little new ground in the trademark jurisprudence of parody and infringement, it was a first opportunity for an appellate court to assess parody under the new Trademark Dilution Revision Act.
January issue in PDF format
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IP News
Highlights of the latest intellectual property news from around the country.
Earmarks and Trademarks Collide: Fourth Circuit Reverses District Court in The Last Best Beef, LLC v. Jonathan W. Dudas et al.
'Earmark' is a 16th century form of cattle branding. But this case presents a contemporary Congressional earmark that cut out the right of Last Best Beef, LLC to register or enforce its brand.
Divided and Conquered? The Precarious Standing of Patent Licensees
This article discusses three recent Federal Circuit rulings that have set important new guidelines for which kinds of licensees will have independent standing to sue infringers, which will be compelled to join their patentees, and which will be left out in the cold.
Pleading Standards in Patent Litigation After Bell Atlantic Corp. v. Twombly
<i>Bell Atlantic Corp. v. Twombly</i>, a recent Supreme Court decision which addressed the sufficiency of pleadings for a claim under Section 1 of the Sherman Act, has prompted defendants in a wide variety of actions, including patent cases, to file motions urging district courts to apply the 'new' Twombly pleading standard to dismiss the actions against them.
December issue in PDF format
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IP News
Highlights of the latest intellectual property news from around the country.
Survey Power
Courts and lawyers should pay particular attention to survey findings such as there is 'no likelihood of confusion,' 'there is no likelihood of dilution,' and ensure that the power of the test is high to rely on such conclusions. Anytime a commissioned survey indicates 'no effect,' in addition to issues such as question clarity, randomness of the sample, and other methodological issues, there is the additional critical issue of statistical power.

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  • Major Differences In UK, U.S. Copyright Laws
    This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
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  • A 'Cloud Security Doctrine' for Law Firms
    Cloud computing may be here to stay, but is it truly safer than the solutions that it's outmoding? The Legal Cloud Computing Association (LCCA) thinks there's a path to greater security, publishing for law firms its first "Cloud Security Doctrine."
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  • Artist Challenges Copyright Office Refusal to Register Award-Winning AI-Assisted Work
    Copyright law has long struggled to keep pace with advances in technology, and the debate around the copyrightability of AI-assisted works is no exception. At issue is the human authorship requirement: the principle that a work must have a human author to be eligible for copyright protection. While the Copyright Office has previously cited this "bedrock requirement of copyright" to reject registrations, recent decisions have focused on the role of human authorship in the context of AI.
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  • IP News
    Federal Circuit: PTAB Did Not Err In Finding That It Retained Authority to Issue Final Written Decision After Deadline Passed Federal Circuit: District Court Did Not Err In Finding That an Abbreviated New Drug Application Is Limited to the Uses Described Therein
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  • The Article 8 Opt In
    The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
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