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

TTAB Fraud Standard
April 29, 2009
The Trademark Trial and Appeal Board ("Board") of the U.S. Patent and Trademark Office ("PTO") has routinely invalidated trademark registrations based on findings of fraud following its decision in 2003 in <i>Medinol v. Neuro Vasx, Inc.</i> The Board's fraud standard does not require proof of scienter or intent to defraud, but rather a mere showing that the applicant knew, or should have known, that certain statements made in trademark applications or renewal declarations were inaccurate.
Lanham Act
April 29, 2009
In <i>Dastar Corp. v. Twentieth Century Fox Film Corp.</i>, the Supreme Court considered the overlap of copyright and trademark/unfair competition law, concluding that a company did not commit false advertising under '43(a) of the Trademark Act (15 U.S.C. '1125(a)) by representing that it was the author of a previously copyrighted work it had not actually created, as long as its identity as the source of the copied work was clear to the public.
Tafas v. Doll: Where Is the USPTO Headed?
April 29, 2009
In what should be a major wake-up call to all patent practitioners and patent applicants, the U.S. Court of Appeals for the Federal Circuit has upheld three out of the four highly contentious rule proposals that were proffered by the U.S. Patent and Trademark Office ("USPTO") in 2007.
The Little License That Could: Dangers of Using Open-Source Code After Jacobsen v. Katzer
March 31, 2009
Although the open-source movement has been active for more than a decade, it is only in recent months that such a copyright license actually has received the imprimatur of enforceability ' from an unlikely court (the Federal Circuit) construing a perhaps unlikely license (the Java Model Railroad Interface for model train software).
April issue in PDF format
March 31, 2009
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IP News
March 31, 2009
Highlights of the latest intellectual property news from around the country.
In re TS Tech USA Corp.: Curtailing the 'Rocket Docket'
March 31, 2009
Due to its so-called "rocket docket," many patent litigants select the Eastern District of Texas when filing a lawsuit or a declaratory action. However, the Federal Circuit's recent decision in <i>In re TS Tech</i> may substantially curtail this practice.
Acumed v. Stryker: eBay v. MercExchange Revisited
March 31, 2009
In <i>Acumed LLC v. Stryker Corp.</i>, the Federal Circuit affirmed the grant of a permanent injunction enjoining Stryker from making and selling a putatively infringing orthopedic nail product. In so deciding, the Federal Circuit declined to articulate a bright-line rule governing the grant of permanent injunctions in patent infringement actions. Nevertheless, the <i>Acumed</i> decision is instructive with respect to how the courts may apply the rule of <i>eBay Inc. v. MercExchange, L.L.C.</i> in patent infringement cases and the facts that may be adduced to secure &mdash; or defeat &mdash; the grant of injunctive relief.
March issue in PDF format
February 26, 2009
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IP News
February 26, 2009
Highlights of the latest intellectual property news from around the country.

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