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

Work-for-Hire Dispute Over Comic Books a Reminder of Drafting Considerations
November 29, 2011
Decisions such as the recent opinion by the U.S. District Court for the Southern District of New York in <i>Marvel Worldwide v. Kirby</i> highlight the importance of carefully drafting provisions governing the transfer of rights in new works of authorship.
Re-registration of Current Domain Name By New Owner Not ACPA 'Registration'
November 29, 2011
The Ninth Circuit has now concluded that the Anticybersquatting Consumer Protection Act does not apply to a domain name that is first registered prior to the time the trademark at issue becomes distinctive, even if the domain name is later re-registered by a new owner. However, the Ninth Circuit also held that the ACPA can apply to new domain names registered by the new owner after the mark acquires distinctiveness.
Using Consumer Surveys to Prove Patent Infringement Damages at Trial
November 29, 2011
Though long used in trademark, false advertising, and antitrust cases, the use of consumer surveys in patent cases is a relatively recent phenomenon. Counsel responsible for managing patent litigation should understand the potential role that survey evidence can play at trial.
November issue in PDF format
October 28, 2011
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IP News
October 28, 2011
Highlights of the latest intellectual property news from around the country.
Bd. of Regents of The Univ. of Wis. v. Phoenix Int'l. Software, Inc.
October 28, 2011
By challenging the Trademark Trial and Appeal Board's decision to cancel its trademark registration for "CONDOR," the state of Wisconsin unintentionally waived its sovereign immunity and opened itself to a suit for trademark infringement by Phoenix International Software, Inc.
Seeing Red: The Reemergence of Aesthetic Functionality
October 28, 2011
Although some will see new threats to trademark owners and the licensing industry and others will see new opportunities, trademark owners using creative designs will surely take notice of two decisions this summer: <i>Fleischer Studios Inc. v. A.V.E.L.A. Inc.</i> and <i>Christian Louboutin SA v Yves Saint Laurent America, Inc.</i>
The Federal Circuit and Patent Eligibility in the Wake of Bilski v. Kappos
October 28, 2011
This article discusses Federal Circuit decisions on patent-eligibility issues following the Supreme Court's <i>Bilski v. Kappos</i> ruling.
Divorce Distribution Of Creative Assets
October 28, 2011
While it may be relatively clear-cut to determine the value of real property, financial accounts and even a professional practice when a Creative Spouse and his or her Supporting Spouse divorce, the question may arise as to how to distribute the value of the intellectual property or "celebrity status" the Creative Spouse created during the marriage. This article considers what rights, if any, a Supporting Spouse may have in the value of a Creative Asset.
How Effective Is the Federal Government's Campaign Against Internet Counterfeiters and Pirates?
September 28, 2011
Counterfeiting and piracy never go out of style. Approximately one year ago, ICE launched "Operation In Our Sites" (OIOS) in an effort to hit counterfeiters and pirates where they live (at least, on the Internet), namely their domains.

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