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Features

The 'New NAFTA' and How It Will Affect Intellectual Property Law Image

The 'New NAFTA' and How It Will Affect Intellectual Property Law

Lawrence E. Ashery 

The stage is set for the 24-year-old north American Free Trade Agreement (NAFTA) to end and the U.S. Mexico Canada Agreement (USMCA), which has implications for intellectual property, to take its place.

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

<i>Friday the 13th</i> Screenplay Author's Copyright Termination Notice Found Valid<br>Infringement Suit over Justin Timberlake's “Damn Girl” Allowed to Proceed

Columns & Departments

IP News Image

IP News

Jeff Ginsberg & George Soussou

Obviousness Determination Can Be Different for Apparatus and Method Claims<br>Petitioner “Bears the Burden” On Demonstrating Real Parties in Interest

Features

How Entertainment and Media Brand Owners Can Prepare for Brexit Scenarios Image

How Entertainment and Media Brand Owners Can Prepare for Brexit Scenarios

William Stroever

Following the “Brexit” vote by the United Kingdom signaling its intent to leave the European Union, there was a rush of speculation and guesswork about how EU trademark and design rights would be treated. What progress has been made and what obstacles remain to a smooth transition?

Features

'Star Wars' Sabacc Game Lawsuit Is Resolved Image

'Star Wars' Sabacc Game Lawsuit Is Resolved

Ross Todd

Lucasfilm Ltd. won a dispute over the rights to the card game that plays a pivotal, if small, role in the greater Star Wars galaxy.

Features

The High Bar for Challenging an Improperly Revived Patent Image

The High Bar for Challenging an Improperly Revived Patent

Scott D. Locke

The recent <i>In Re Rembrandt Technologies</i> decision is a reminder of both the potential consequence of a patent holder's disingenuous assertion of unintentionality and the challenges that defendants face when raising the improper filing of a petition to revive a lapsed patent as a defense.

Features

Fair Use, First Sale and Marilyn Monroe Image

Fair Use, First Sale and Marilyn Monroe

Robert W. Clarida & Robert J. Bernstein

Recently, the Southern District of New York resolved a question that neither the Southern District nor the Second Circuit had ever squarely faced: Can the lawful owner of an art object create and post a photograph of that object in connection with the sale of the object through an online platform such as eBay, without the permission of the owner of copyright in the object?

Features

Non-Traditional Trademarks: The Elusiveness of Branding a Trend Image

Non-Traditional Trademarks: The Elusiveness of Branding a Trend

Olivera Medenica

A look at several unique trademark cases where the plaintiff fashion brand proactively sought to invalidate a competitor's non-traditional trademarks, an action which reflects a push back on increasingly aggressive litigation tactics by fashion brands seeking to blur the lines between a non-protectable fashion trend and a protectable trademark.

Features

PTO Gives Iancu More Control over PTAB Precedents Image

PTO Gives Iancu More Control over PTAB Precedents

Scott Graham

The USPTO announced revisions to PTAB procedures that formalize Andrei Iancu's control over the 250 administrative patent judges and their policy-making, while making that control more transparent.

Columns & Departments

IP News Image

IP News

Howard Shire & Adam Fischer

Federal Circuit: IPR Petitioner Always Retains Burden of Establishing Timeliness<br>Federal Circuit: Framework for 'Overlapping Cases' Applies in IPR

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