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We found 1,348 results for "The Intellectual Property Strategist"...

IP News
May 31, 2006
Highlights of the latest intellectual property news from around the country.
New Antitrust Considerations for Tying Schemes
May 31, 2006
The Supreme Court has recently abolished the presumption that a patent confers 'market power' on the patent owner, ending the presumption of antitrust liability arising from the conditioning of a patent license to the purchase of unpatented articles. <i>See Illinois Tool Works v. Indep. Ink, Inc.</i>, 126 S. Ct. 1281 (2006). As discussed below, this decision will have wide-ranging implications to the field of patent licensing, where fear of antitrust liability has tended to dampen the creativity of patent license schemes.
Downhill Ride for Right of Publicity
May 31, 2006
The right of publicity ' the right of individuals to protect the commercial uses of their names and images ' is now a familiar concept. Given the recently reported $50 million purchase of rights to Muhammad Ali's name or the $100 million acquisition of Elvis Presley's publicity rights (hardly for a song), there can be no question that the right not only can have great value, but has achieved a certain settled status. And yet, the metes and bounds of the right remain elusive at best.
Settlement Agreements Involving Trademark Licenses: Important Terms to Be Included
May 31, 2006
In a recent decision involving a trademark settlement agreement, the U.S. Court of Appeals for the Fifth Circuit in <i>Liberto v. D.F. Stauffer Biscuit Co., Inc.</i>, found that a final judgment in a trademark infringement action did not preclude a further action involving claims of trademark infringement, breach of contract, and the defense of incontestability. 441 F.3d 318 (5th Cir. 2006). The case highlights the significance of including certain important terms in a settlement agreement involving a trademark license.
What Do You Want To Read?
May 26, 2006
We want to know how we can make this newsletter an even better resource for your professional needs. Are we covering all you want to see? Are there sections you would like to see enhanced or replaced?<br>Your views and opinions are essential in our effort to continue to provide you with the top notch News, Strategy and Analysis you have come to expect from Law Journal Newsletters.<br>Help us help you! Please click <a href="http://www.surveymonkey.com/s.asp?u=604771980045">here</a> to complete a short survey or type the following URL into your browser: http://www.surveymonkey.com/s.asp?u=604771980045.<br>Your answers will assist us in making this an even better newsletter for you! Thank you.<br>Regards,<br>Colin Graf<br>LJN Marketing Director
IP News
April 28, 2006
Recent rulings of importance to you and your practice.
Supreme Court to Decide Standing Issue
April 28, 2006
On Feb. 21, 2006, the Supreme Court granted certiorari to review <i>MedImmune, Inc. v. Genentech</i>, 427 F.3d 958 (Fed. Cir. 2005). The question presented is: 'Does Article III's grant of jurisdiction of 'all Cases ... arising under ... the Laws of the United States,' implemented in the 'actual controversy' requirement of the Declaratory Judgment Act, 28 U.S.C. '2201(a), require a patent licensee to refuse to pay royalties and commit material breach of the license agreement before suing to declare the patent invalid, unenforceable, or not infringed?' Whether the Court affirms or reverses the Federal Circuit, which answered in the affirmative, undoubtedly will affect the balance of power between patentees and their licensees and, perhaps, the willingness of licensors to grant licenses.
Is 'No Use' Always a 'Fair Use'?
April 28, 2006
In order to avoid liability for trademark infringement relating to the sale of keywords corresponding to trademarks, search engines, including Google, are attacking the concept that trademark owners should be able to protect the 'commercial magnetism' of their marks. Recently, in <i>Rescue.com v. Google, Inc.</i>, No. 5:04-CV-1056 (N.D.N.Y.), Google argued that the trademark laws 'are not meant to protect consumer good will [sic] created through extensive, skillful, and costly advertising.' Google's Reply Brief at 4 n.4 (2005) (citing <i>Smith v. Chanel, Inc.</i>, 402 F.2d 562, 566 (9th Cir. 1968)).

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