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Features

Trademark Oppositions and Coexistence Agreements Image

Trademark Oppositions and Coexistence Agreements

Ben Thompson & Robert Moorman

There are frequent battles over trademark rights in the entertainment industry. Trademark publication can be an anxious part of the federal application process, with fear of aggressive opposition and costly proceedings looming in the background. But many trademark oppositions, whether they are only threatened or actually filed, afford the applicant a discussion with an opposer that can ultimately be helpful in nonobvious ways.

Features

'Executed By the Author' In Copyright Act's §203 Grant Termination Provision Interpreted By Second Circuit Image

'Executed By the Author' In Copyright Act's §203 Grant Termination Provision Interpreted By Second Circuit

Stan Soocher

Composers of pre-1978 works often assigned both the initial and renewal copyright terms in their works when signing songwriter agreements with music publishers. But what happens when a grant of the copyright renewal term of a pre-1978 work has been made post-1977?

Features

Commentary: What the Music Industry Can Learn from Cable When It Comes to ISPs and Infringement Image

Commentary: What the Music Industry Can Learn from Cable When It Comes to ISPs and Infringement

Keith Hauprich

In the last two decades, the music industry and, more specifically, songwriters, producers and recording artists have been losing the value of their efforts to online piracy. Perhaps a business-to-business solution can be found between the music industry and cable providers.

Columns & Departments

IP News Image

IP News

Howard Shire & Stephanie Remy

Federal Circuit: Agreement Between Patent Owner and Third Party Was Not Insulated from The On-Sale Bar

Features

E-Commerce Sellers Should Be Preemptive to Mitigate Effects of Account Suspensions for IP Infringement Image

E-Commerce Sellers Should Be Preemptive to Mitigate Effects of Account Suspensions for IP Infringement

Jonathan Bick

E-commerce channel providers' suspension of sellers' accounts associated with alleged intellectual property infringement is fast, and suspension remediation is time-consuming and costly. Consequently, e-commerce sellers should contemplate pre-emptive legal and business arrangements to ameliorate potential e-commerce account suspensions consequences.

Features

Choosing Between Trade Secret and Patent Protection: A Primer for Businesses Image

Choosing Between Trade Secret and Patent Protection: A Primer for Businesses

Darren M. Franklin

When deciding whether to apply for patent protection on an innovation or whether to keep the innovation confidential as a company trade secret, there are many considerations that a business must take into account stemming from the different characteristics of each.

Features

Protecting Clients In the Virtual World Image

Protecting Clients In the Virtual World

Cameron B. Pick

The "metaverse" in conjunction with Web 3.0 can be thought of as an immersive virtual reality world or worlds, where users can play games, socialize,…

Features

Trademark Coexistence May Become a Necessity As Market for Trademarks Grows Image

Trademark Coexistence May Become a Necessity As Market for Trademarks Grows

Ben Thompson & Robert Moorman

Trademark publication can be an anxious part of the application process, with fear of aggressive opposition and costly proceedings looming in the background. But many oppositions, whether they are only threatened or actually filed, afford the applicant a discussion with the opposer that can ultimately be helpful in nonobvious ways.

Columns & Departments

IP News Image

IP News

Jeff Ginsberg and Zhiqiang Liu

Federal Circuit Affirms Precedential Opinion Panel Decision Limiting the Circumstances In Which the Board Should Raise Sua Sponte Patentability Issues Against Proposed Substitute Claims Federal Circuit Rejects District Court's Claim Construction As Being Too Narrow Federal Circuit Rejects District Court's Claim Construction Because It Is Not Supported by the Intrinsic Evidence, and Leaves Dependent Claims Without Scope

Features

Attorneys Forecast Legal Challenges In NFTs Image

Attorneys Forecast Legal Challenges In NFTs

Cedra Mayfield

As nonfungible tokens, or NFTs, continue to grow in popularity through cryptocurrency purchase, sale and trade online, opportunities for entertainment attorneys in the emerging industry also are booming. For this article, attorneys shared how they're grabbing hold of NFT-related work and the challenges they foresee.

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  • Understanding the Potential Pitfalls Arising From Participation in Standards Bodies
    Chances are that if your company is involved in research and development of new technology there is a standards setting organization exploring the potential standardization of such technology. While there are clear benefits to participation in standards organizations — keeping abreast of industry developments, targeting product development toward standard compliant products, steering research and intellectual property protection into potential areas of future standardization — such participation does not come without certain risks. Whether you are in-house counsel or outside counsel, you may be called upon to advise participants in standard-setting bodies about intellectual property issues or to participate yourself. You may also be asked to review patent policy of the standard-setting body that sets forth the disclosure and notification requirements with respect to patents for that organization. Here are some potential patent pitfalls that can catch the unwary off-guard.
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