House Subcommittee Hears Testimony on Amendment to FTDA
June 01, 2004
In a potential step toward amending the Federal Trademark Dilution Act of 1995 (FTDA), codified at 15 U.S.C. §1125(c), the House Committee on Courts, the Internet and Intellectual Property held a hearing on April 20, 2004 to discuss the "Committee Print of a Bill to Amend the Federal Trademark Dilution Act." The draft legislation seeks to reverse the U.S. Supreme Court decision in <i>Moseley v. V Secret Catalogue, Inc.</i>, 537 U.S. 418 (2003) by providing that the FTDA requires proof of likely dilution, not actual dilution. It also adds a definition of the term "famous" to the Act, clarifies that the Act applies to both blurring and tarnishment of famous marks, and includes defenses intended to safeguard free speech.
IP News
June 01, 2004
Highlights of the latest intellectual property news and cases from around the country.
Vicarious Liability and Copyright Law: Breaking with Tradition
June 01, 2004
Vicarious liability is applicable in most areas of tort law. As the U.S. Supreme Court stated in an opinion early last year, "traditional vicarious liability rules ordinarily make principals or employers vicariously liable for acts of their agents or employees in the scope of their authority or employment." <i>Meyer v. Holley</i>, 537 U.S. 280, 283 (2003).
A Practical Guide to Arbitrating IP Disputes
May 01, 2004
Ample legal authority upholds the right of intellectual property owners to arbitrate their differences. (See part one of this article published in April 2004.) Indeed, arbitration providers, such as WIPO and the AAA, report an increased caseload for intellectual property disputes. What should counsel and parties consider in choosing arbitration as a means of settling their intellectual property disputes? What are the considerations for drafting arbitration agreements?
IP News
May 01, 2004
Highlights of the latest intellectual property news and cases from around the country.
Internet Software Piracy Is Not Fair Use
May 01, 2004
In a decision interpreting the criminal offenses provision of the Copyright Act (17 U.S.C. '506), the Seventh Circuit Court of Appeals has held that a criminal conspiracy to pirate software did not constitute "fair use" simply because the Web site to access the software was operated by a university professor. <i>U.S. v. Slater</i>, 348 F.3d 666 (7th Cir. 2003). The Seventh Circuit found "preposterous" the defendant's argument that Internet piracy could become authorized under the fair use doctrine by using a professor as a Web site operator.
Re-examination: The Tail that Wags the Dog
May 01, 2004
IP litigators appear to have blinders on when it comes to patent re-examination. All eyes are focused on winning the big event, the courtroom victory. To have the verdict upheld on appeal garners the ultimate win. While chasing the big dog of litigation, parties may be overlooking the power that can be wielded by the U.S. Patent and Trademark Office ("USPTO") in a re-examination proceeding.
When One Patent Application Begets 10
April 02, 2004
In last month's newsletter, we discussed the financial burdens pharmaceutical and biotech firms face due to the Patent and Trademark Office's (PTO) policy of restriction practice -- the restriction of a patent application to prosecution of a single claimed invention per filing fee. Now we look at ways potential patentees can economically work with these restrictions.
Arbitration Gains Acceptance as a Means of Resolving IP Disputes
April 01, 2004
Intellectual property disputes typically have been resolved through litigation rather than arbitration. Litigators have seen arbitration as a dispute resolution method geared at matters of private contract. Because intellectual property's very existence has been a product of public policies supporting invention, branding and creativity, the courts have seemed to be the more appropriate locale to handle these disagreements. In the last 20 years, however, arbitration has received increasing attention as an acceptable method of resolving intellectual property disputes.
IP News
April 01, 2004
Highlights of the latest intellectual property news and cases from around the country.
