A Look Back at <i>New Kids on the Block</i> : Ninth Circuit Expands the Nominative Fair Use Doctrine
October 01, 2003
Trademark fair use under the common law and '33(b)(4) of the Lanham Act has long permitted a defendant to use terms descriptively to refer to the defendant's own product or service; in contrast, the doctrine of nominative fair use permits a defendant to use a plaintiff's mark to describe the plaintiff's product or service. Unlike the common law and statutory fair use defense, the nominative fair use doctrine is a judicially created defense of relatively recent vintage. Prior to the development of the nominative fair use defense, courts occasionally declined to enjoin the copying of nondescriptive marks used to refer to the plaintiff's products or services, however, a true doctrinal basis for that result was not expressly articulated until New Kids on the <i>Block v. News America Publishing, Inc.</i>, 971 F.2d 302 (9th Cir. 1992).
Tiger Woods' IP Claims Stuck in the Sand Trap
October 01, 2003
First Amendment theory triumphed over celebrity right of publicity and trademark rights this past summer. The Sixth Circuit Court of Appeals upheld a dismissal of Tiger Woods' damages claims for use of his likeness in limited edition prints of a painting titled "The Masters of Augusta." <i>ETW Corporation v. Jireh Publishing, Inc.,</i> 332 F.3d 915 (6th Cir. 2003).
IP News
October 01, 2003
Highlights of the latest intellectual property news and cases from around the country.
The Impact of the Patent Exhaustion and Implied License Doctrines on License Negotiations
October 01, 2003
Nothing should be left to chance when drafting patent licenses. Indeed, the parties on both sides of the transaction have a keen interest in eliminating ambiguities. This is particularly true with respect to the scope of the license grant. The licensor must be reasonably assured that it has not inadvertently given away more than what was bargained for. On the other side, the licensee must be reasonably assured that it may use the patent as it intended without being sued for infringement.
Sarbanes-Oxley, the SEC and Nasdaq
October 01, 2003
This article briefly summarizes the numerous provisions of the Sarbanes-Oxley Act, the rules under it, the corresponding proposed governance rules that a new public company listing on the Nasdaq National Market will be required to address, and the deadlines for being in compliance.
Has Anything Changed?
October 01, 2003
Nearly 2 years have passed since the Enron scandal broke, and a year has elapsed since Congress passed the Sarbanes-Oxley Act (the Act) in July 2002 in response to widespread calls for stronger measures to prevent and punish corporate fraud. Many observers expected securities class action litigation to rise in response to recent headline-making fraud scandals and the Act. However, little change has occurred in securities class action filings, dispositions and settlements, detailed statistical analysis shows. This article discusses the facts.
Consequences for FCPA Compliance
October 01, 2003
Over the past year, most issuers have been preoccupied with the basics of Sarbanes-Oxley compliance, with the result that some of the subtler compliance implications have not yet been fully appreciated. However, as discussed last month, it is evident that the provisions of the Act will have implications for compliance in all substantive areas in which a company maintains a compliance program, but especially those having payment and financial dimensions, such as the FCPA Section 302, already mentioned in the disclosure discussion last month ... This article completes the discussion.
Arbitration Awards Not Subject to Dilution
October 01, 2003
Arbitration awards are subject to limited judicial review. May parties contract to further limit the review afforded by courts to an award? The Second Circuit ruled parties may not seek to lower the standard of review of an arbitration award to be applied by a court.
