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

The California Consumer Privacy Act: Everything You Wanted to Know But Were Afraid to Ask
Part One of a Two-Part Article The California Consumer Privacy Act (CCPA) is a comprehensive new consumer protection law set to take effect on Jan. 1, 2020. In the wake of the CCPA's passage, approximately 15 other states introduced their own CCPA-like privacy legislation, and similar proposals are being considered at the federal level. Part One of this article covers how the CCPA applies to businesses — both in and outside California, the revenue threshold, proposed amendments and other open issues.
IP News
More Than a Recitation of Hooke's Law Needed for Patent Protection A Claim for a Chair Limits the Claim to a Chair
Digital Dive: 9 Best Practices for Blogging that Gets You New Business
Becoming a renowned expert in your field will bring you the best files from the most profitable clients — and the shortest path to becoming a thought leader is to write a blog.
The Madrid System Turns 30: The Pros and Cons of Using the Madrid Protocol in the United States and for U.S. Based Companies
October 01, 2019
This summer, the Madrid System turned 30 years old, and as two more countries prepare to join the Madrid Protocol we look at how the Madrid System has grown as it enters full adulthood.
Exploring the Nebulous Boundaries of Trade Dress
Now that we are in the digital age, questions have been raised about the trade dress of websites and apps.
Damages for Extraterritorial Infringement of U.S. Patents
A look at the gray area of infringement of U.S. patents in the U.S., but with related consequences or actions outside the U.S.
IP News
Penn State Files Trademark Lawsuit against Sports Beer Brewing Company Can OSU Trademark the Word "The"?
Seeing Green: Protecting Brands In the Cannabis Industry
September 01, 2019
Branding is not a new concept, nor are the various intellectual property laws that protect brands. What is new to most is how this burgeoning industry can take advantage of those laws within the context of state and federal restrictions.
Rights and Obligations In Patent Licenses
The owner of a commercially successful patent may have competing desires. On one hand, the patent owner wants to protect the patent and secure its maximum benefit; on the other hand, the patent owner wants to avoid enforcement litigation with competitors because it is expensive and puts the patent at risk.
Did Congress Create Unintended Risks to Innovators In the AIA? 
Many observers greeted the passage of the AIA into law as a long-overdue overhaul of U.S. patent law that aligned it with patent systems prevailing in the rest of the world. Who knew what mischief just seven of the AIA's more than 25,000 words contained? The U.S. Supreme Court answered earlier this year.

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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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