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We found 1,385 results for "The Intellectual Property Strategist"...

Another Appellate Court Vacates A Bankruptcy Court Contempt Judgment
December 01, 2022
The Southern District of New York vacated a bankruptcy court's judgment holding a debtor's business competitor "in contempt for violation of the [Bankruptcy Code's] automatic stay … and assessing sanctions" of $19.2 million.
WTF? The Board Weighs In on Failure to Function Refusals
November 01, 2022
Many trademark practitioners have noted the USPTO's recent penchant for issuing refusals to register trademarks on the ground of failure to function as a trademark. The Trademark Trial and Appeal Board picked a colorful case to set precedent and provide some initial guidance on how it will evaluate failure-to-function refusals going forward.
Criminal Considerations and Federal Authorities In Trade Secrets Disputes
November 01, 2022
Part Two of a Three-Part Series Part One of this article discussed the passing of the Economic Espionage Act to combat the growing concerns surrounding trade secret theft and the criminal components of trade secret theft. Part Two covers considerations in favor of approaching federal authorities on trade secrets theft.
IP News
November 01, 2022
Federal Circuit: No Patent Term Adjustments When Claims Change Federal Circuit: Proceeding Need Not Be Terminated Upon Request
Criminal Considerations In Trade Secrets Disputes
October 01, 2022
Part One of a Three-Part Series When the international theft of U.S. trade secrets escalated and became a higher priority for domestic entities, trade secrets owners faced difficult challenges in collecting evidence, pursuing civil actions against overseas actors, and successfully obtaining worthwhile and meaningful relief from civil actions alone. These challenges ultimately resulted in increased referrals, investigations, and prosecutions of trade secrets theft under the EEA by federal authorities.
Duty of Candor and Good Faith With the USPTO Covers Non-Inventors and Non-Practitioners
October 01, 2022
Practitioners and non-practitioners that are associated with the examination of patents and patent applications should be vigilant about information that may be material to patentability to avoid having an issued patent be deemed unenforceable.
Supreme Court Set to Hear Transformativeness Fair Use 'Warhol' Case
October 01, 2022
In the October 2022 Term, the Supreme Court is set to decide whether courts assessing transformativeness under the first fair-use factor of the Copyright Act may consider "the meaning of the accused work where it 'recognizably deriv[es] from' its source material." The case may profoundly affect the fair use analysis, and in turn, the scope of copyright protection for many works.
IP News
October 01, 2022
Federal Circuit: Trade Dress Imitation In the Ninth Circuit
Protecting a Trademark Licensor's Rights In Its Licensee's Bankruptcy Case
September 01, 2022
A recent bankruptcy case from the District of Delaware underscores the need for a trademark licensor to be alert to filings made in its licensee's bankruptcy case that may require prompt action by the licensor to protect its valuable rights under a license agreement.
IP Rights In the Metaverse
September 01, 2022
The metaverse, an immersive virtual experience building on the Internet and the physical world, has become a prominent force in branding and marketing for companies struggling to keep up in an ever so globalized economy. Parallel to this digital expansion has been a surge of intellectual property issues.

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  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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