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

The Effect of Utility Patents on Trade Dress Protection Claims
The Seventh Circuit's recent decision in <i>Specialized Seating v. Greenwich Industries, L.P.</i>, highlights several important considerations that are often overlooked by counsel representing clients who claim trade dress rights in product designs. Paramount among those considerations is the effect that claims in a utility patent can have on the availability of trade dress protection.
Therasense and the Doctrine of Inequitable Conduct
Perhaps signaling an interest in revisiting the doctrine in its entirety, in April 2010, the Federal Circuit asked for briefing on six questions regarding the defense of inequitable conduct to patent infringement.
Inevitable Disclosure Need Not Be Inevitable
The doctrine of inevitable disclosure is a crucial tool to protect companies from perfidious former employees and is no threat to the honest ones ' if properly applied. A look at <i>Bimbo Bakeries USA, Inc. v. Botticella</i>
October issue in PDF format
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IP News
Highlights of the latest intellectual property news from around the country.
Patent Re-examination
This article explores strategy considerations for the use of parallel patent re-examination proceedings as a tool in patent litigation.
Strategies for Allocating Long-Term Value in Fashion and Apparel License Agreements
One of the most vexing economic issues in fashion and apparel licensing deals is the task of allocating the long-term value of a branded product launch.
Brand Considerations When Launching Mobile Phone Apps
Prior to launching Apps on smartphone devices, it is advisable that brand owners pause &mdash; even if momentarily &mdash; to consider the new trademark and related legal issues that this new medium presents.
League Impact on the Sports Team Bankruptcy Process
As more beleaguered team owners seek refuge in bankruptcy proceedings, the resulting clash of league interests with fundamental principles of bankruptcy law will result in the development of novel legal and practical solutions for financially distressed sports franchises.
September issue in PDF format
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    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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