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An Overview of Recovering Trademark Infringement Damages Image

An Overview of Recovering Trademark Infringement Damages

Marcus Harris & Ryan Burandt

This article discusses recovering damages for trademark infringement and various strategies for establishing those damages.

Features

A Little Knowledge Goes a Long Way: A High-Level Overview of Liability Insurance Provisions in a Retail Lease Agreement Image

A Little Knowledge Goes a Long Way: A High-Level Overview of Liability Insurance Provisions in a Retail Lease Agreement

Lisa A. Weixelman & Amber J. Simon

Despite their seemingly lackluster nature, well-drafted insurance provisions in a contract between a landlord and tenant can be extremely important when it comes to mitigating potential exposure and protecting a shopping center's assets.

Features

IP Provisions in 'New NAFTA' Agreement Image

IP Provisions in 'New NAFTA' Agreement

Lawrence E. Ashery

With Canada's agreement, the stage was set for the 24-year-old North American Free Trade Agreement (NAFTA) to end and the U.S. Mexico Canada Agreement (USMCA) to take its place.Among the provisions of note for the entertainment industry, copyright will receive a boost from the USMCA.

Features

DMCA Filmmakers Exemption Expanded Image

DMCA Filmmakers Exemption Expanded

Scott Graham

Digital Millennium Copyright Act exemptions aren't just for documentary filmmakers anymore. The U.S. Copyright Office and Library of Congress has broadened a DMCA exemption to now allow more filmmakers to circumvent anti-copying technology and rip short video clips for purposes of commentary and criticism.

Columns & Departments

Case Note

Janice Inman

'Clerical Error' Must Be Altered to Reflect the Plea, Not the Indictment

Features

Fifth Circuit Holds Asset Purchaser Unable to Acquire Rejected License Agreement Image

Fifth Circuit Holds Asset Purchaser Unable to Acquire Rejected License Agreement

Michael L. Cook

A license agreement "deemed rejected by operation of law" could not be acquired under a court-approved asset purchase agreement, held the U.S. Court of Appeals for the Fifth Circuit

Features

Due Diligence in Distressed Community Hospitals Image

Due Diligence in Distressed Community Hospitals

Deborah Williamson, Mark Andrews & Richard Y. Cheng

Many community hospitals are in distress. The causes are varied but have a constant theme — the cost to adapt to a rapidly changing environment.

Features

Further Guidance On Article III Standing To Appeal PTAB Decisions Coming Soon Image

Further Guidance On Article III Standing To Appeal PTAB Decisions Coming Soon

Lewis R. Clayton & Eric Alan Stone

How, if at all, can a non-injured party that challenges a patent before the PTAB and loses may then demonstrate Article III standing to appeal to the federal courts from the PTAB's decision upholding the patent's validity.

Features

Secured Creditors Beware of Your Descriptions, Nomenclature and Terminations Image

Secured Creditors Beware of Your Descriptions, Nomenclature and Terminations

Deirdre M. Richards & Howard C. Rubin

Secured creditors can learn a great deal from a few recent bankruptcy cases involving the Uniform Commercial Code that remind us that the “devil is in the details.” These cases show that it is unrealistic to expect forgiveness by a court after a misstep involving Article 9 of the UCC.

Columns & Departments

Bit Parts

Stan Soocher

Phil Everly's Family Time-Barred From Claiming Co-Ownership of “Cathy's Clown” Song Copyright With Brother Don<br>Newsworthiness and Public Interest Exceptions in Indiana's Right-of-Publicity Statute Apply to Fantasy Sports

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MOST POPULAR STORIES

  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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  • In the Spotlight
    On May 9, 2003, the U.S. Attorney's Office for the District of Massachusetts announced that Bayer Corporation, the pharmaceutical manufacturer, had been sentenced and ordered to pay a criminal fine of $5,590,800 stemming from its earlier plea of guilty to violating the Federal Prescription Drug Marketing Act by failing to list with the FDA its drug product, Cipro, that was privately labeled for an HMO. Such listing is required under the federal Food, Drug &amp; Cosmetic Act. The Federal Prescription Drug Marketing Act, Pub. L. 100-293, enacted on April 22, 1988, as modified on August 26, 1992 by the Prescription Drug Amendments (PDA) Pub. L. 102-353, 106 Stat. 941, amended sections 301, 303, 503, and 801 of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. '' 331, 333, 353, 381, to establish requirements for distributing prescription drug samples.
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