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Columns & Departments

IP News Image

IP News

Matthew Weiss

Federal Circuit: Affirms Preliminary Injunction on Cancer Assays Federal Circuit: Affirms Judgment of Unpatentability on the Pleadings for Claims Directed to Method of Assisting an Investigator in Conducting a Background Investigation

Features

Proactive Brand Defense: Why Warren Buffett's Advice Matters More Than Ever Image

Proactive Brand Defense: Why Warren Buffett's Advice Matters More Than Ever

Allen Adamson

Warren Buffett's wisdom rings true: "It takes 20 years to build a reputation and five minutes to ruin it. If you think about that, you'll do things differently." In our current landscape of social media and viral content, a brand's reputation — its most valuable asset — can be severely damaged in mere seconds.

Features

Supreme Court Upholds Names Clause in Trademark Law, Emphasizing Historical and Traditional Foundations Image

Supreme Court Upholds Names Clause in Trademark Law, Emphasizing Historical and Traditional Foundations

Howard J. Shire & Justin Tilghman

In a landmark decision, the U.S. Supreme Court has unanimously upheld the constitutionality of the Lanham Act's provision that prohibits the registration of trademarks consisting of or comprising the name of a particular living individual without the individual's written consent.

Features

Protecting Trademarks and Brands Against Sophisticated AI-Driven Scams and Schemes Image

Protecting Trademarks and Brands Against Sophisticated AI-Driven Scams and Schemes

Damon Whitaker, Jill Chalmers, Matt Minder & Steve Trubac

Attorneys and companies alike are witnessing a paradigm shift occurring during the protection of intellectual property assets, encountering more sophisticated solicitations designed to appear as official correspondence from the USPTO, and outright scams utilizing information publicly available through the USPTO for pending trademark applications and existing registrations.

Features

Federal Circuit Overrules 'Improperly Rigid' Obviousness Test Image

Federal Circuit Overrules 'Improperly Rigid' Obviousness Test

James L. Ryerson

In an eagerly anticipated decision involving the proper standard for assessing when a claimed design is obvious, the Federal Circuit overruled the Rosen-Durling test that courts and the USPTO have been applying for nearly 30 years, calling the test "improperly rigid" and inconsistent with Supreme Court precedent.

Features

Idaho District Court Imposes First-Ever Bond Order Under the State's Bad Faith Assertions of Patent Infringement Act Image

Idaho District Court Imposes First-Ever Bond Order Under the State's Bad Faith Assertions of Patent Infringement Act

Catherine Nyarady & Crystal Parker

The Act is intended to guard against patent trolling and creates a private cause of action for those targeted by bad faith infringement assertions and contemplates two types of relief: remedies and a bond requirement.

Features

IOC and Paris Attorneys Combatting Trademark Abuse at the Olympics Image

IOC and Paris Attorneys Combatting Trademark Abuse at the Olympics

Rick Mitchell

As the Paris Olympic Games get underway, trademark attorneys for the International Olympic Committee and Paris organizing committee will be working to protect the Olympic brand.

Columns & Departments

IP News Image

IP News

Howard Shire & Justin Tilghman

Are Affiliates Liable for Monetary Relief When They Are Not Named Parties to a Case?

Features

LJN Quarterly Update: 2024 Q2 Image

LJN Quarterly Update: 2024 Q2

Steve Salkin

The LJN Quarterly Update highlights some of the articles from the nine LJN Newsletters titles over the quarter. Articles include in-depth analysis and insights from lawyers and other practice area experts.

Features

Blockchain Domains: New Developments for Brand Owners Image

Blockchain Domains: New Developments for Brand Owners

John McElwaine

Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.

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    “Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
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    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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