Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Features

Is Trademark Protection Going to the Dogs? Image

Is Trademark Protection Going to the Dogs?

Jonathan Moskin

The Ninth Circuit held in VIP Prods. LLC v. Jack Daniel's Properties that VIP's "Bad Spaniels" dog toy mimicking the appearance of a Jack Daniels whisky bottle was protected expression under the First Amendment. The Supreme Court granted cert in November 2022 to consider the principal question whether humorous use of another's mark on a commercial product should be assessed under Rogers or the traditional multipart test of likelihood of confusion.

Features

Are You Ready for Europe's New Patent System? Image

Are You Ready for Europe's New Patent System?

Marianne Schaffner & Thierry Lautier

In Europe, the patent system is changing and will offer to companies a new patent protection and a new patent court. It should start in April 2023, with a sunrise period starting in January 2023.

Features

A Secondment Can Help Grow Your IP Practice Image

A Secondment Can Help Grow Your IP Practice

By Dan Ovanezian, Blake L. Holt, Azie Aziz & John Whetzel

Although your company may have an in-house IP attorney, your company may still need temporary help from an outside law firm to develop your company's patent portfolio and to solve your company's need for temporary help with minimal need for training and financial investment. If you do not have the budget to hire an in-house IP attorney, the solution is to try a secondment — an attorney from an outside law firm temporarily joins your in-house legal team as a "secondee" on a part-time or full-time basis.

Columns & Departments

IP News Image

IP News

Jeff Ginsberg & Ryan J. Sheehan

Federal Circuit: Unpatentability Ruling In First IPR Estops Patentee In Second IPR of Related Patent Federal Circuit: A Disclaimer Made In a Pending IPR Is Not Binding In That Proceeding, But Is Binding In a Subsequent One

Features

Copyright Claims Board: A New Stage for Copyright Infringement Claims Image

Copyright Claims Board: A New Stage for Copyright Infringement Claims

Robert E. Browne & Michael D. Hobbs

Copyright holders would be well advised to familiarize themselves with the Copyright Claims Board for resolving copyright infringement claims and to consider its benefits and potential downsides in bringing or defending copyright infringement actions.

Features

Criminal Considerations and Federal Authorities In Trade Secrets Disputes Image

Criminal Considerations and Federal Authorities In Trade Secrets Disputes

Jeffrey A. Pade & Anand B. Patel

Part One of this article discussed the passing of the Economic Espionage Act to combat the growing concerns surrounding trade secret theft and the criminal components of trade secret theft. Part Two covers considerations in favor of approaching federal authorities on trade secrets theft. Part Three concludes the series with a look at the potential consequences in approaching federal authorities on trade secrets theft.

Features

Recent Trademark In Titles Cases Show 'High Bar' for Proving Public Was 'Explicitly Misled' Image

Recent Trademark In Titles Cases Show 'High Bar' for Proving Public Was 'Explicitly Misled'

Stan Soocher

When it comes to expressive content, disputes over trademark rights in titles of creative works are commonly fought under the federal Lanham Act. Many of these battles play out in courts in the U.S. Circuit Court of Appeals for the Ninth Circuit, which has well-developed legal guidelines on the subject

Features

Can Consumer Products Be 'Expressive Works'? Image

Can Consumer Products Be 'Expressive Works'?

Eric Alan Stone & Catherine Nyarady

In a case that may have significant implications for the ability of mark holders to enforce their marks against many types of products, the U.S. Court of Appeals for the Second Circuit is now considering whether consumer products such as sneakers can be considered "expressive works" to which First Amendment protections can apply.

Columns & Departments

IP News Image

IP News

Howard Shire & Stephanie Remy

Trademarks and Free Expression In the Ninth Circuit

Columns & Departments

Upcoming Webinar Image

Upcoming Webinar

ssalkin

Join Board of Editors member Kyle-Beth Hilfer, Editor-in-Chief Howard Shire, Aaron Krowne and Wenew GC Christine Lawton for Counseling the NFT Client: A Practical Guide to Legal and Business Issues.

Need Help?

  1. Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
  2. Need other assistance? email Customer Service or call 1-877-256-2472.

MOST POPULAR STORIES

  • Strategy vs. Tactics: Two Sides of a Difficult Coin
    With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
    Read More ›
  • Coverage Issues Stemming from Dry Cleaner Contamination Suits
    In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.
    Read More ›
  • New York's Guaranty Law Continues to Divide Opinion
    This article discusses the recent developments surrounding the constitutionality of New York's Guaranty Law. In particular, we address the Southern District's view that the statute is unconstitutional and the splintered view of the statute's constitutionality expressed by New York State courts.
    Read More ›