IP News
Highlights of the latest intellectual property news from around the country.
Features
Small Changes <i>Can</i> Lead to Expensive Consequences
Besides the many people in commercial sectors whose business model was decimated ' music sellers and travel agents, at the dawn of e-commerce, and, more recently, publishers of books and music ' sometimes that change can hurt any business and its people, and for no good reason.
Features
Discoverability of Social Network Information
In recent years, courts have come to varying conclusions as to the discovery of information posted on social networking sites.
Features
Litigation Support for Information Governance
The treatment of personal identifiable information (PII) is quickly becoming an increasingly critical issue and should be on litigation support's risk and information governance agenda.
Case Study: Foley Hoag's Social Media Marketing Distinguishes a Hot Practice
How this 250-lawyer firm boldly raised its profile.
Features
Another Turn in the Path to Patentability
In <i>Mayo Collaborative Services v. Prometheus Laboratories, Inc.</i>, the Supreme Court held that a method claim that does nothing more than restate a law of nature and add conventional steps cannot be patentable. At first glance, this may not sound remarkable, but upon closer inspection this holding has the potential to dramatically change patent law for decades to come.
When Can Brand Owners Demand 'Show Me the Money'?
Solely because of a technical amendment to the Federal Trademark Dilution Act to ensure that damages for dilution are only available when a defendant acts in bad faith, damages previously not available in an ordinary infringement case are now available.
Features
When Settlement Is the Best Option
Too many defense counsel and their clients fixate on the early stages of the client's reaction to a product liability lawsuit ' denial or anger. They do so without evaluating the final stage ' acceptance
Practice Tip: Dead in the Water?
The admissibility of a coroner's or medical examiner's conclusions should not be assumed, because their conclusions may not satisfy the <i>Daubert</i> or applicable state court standard.
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MOST POPULAR STORIES
- Major Differences In UK, U.S. Copyright LawsThis article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.Read More ›
- "Holy Fair Use, Batman": Copyright, Fair Use and the Dark KnightThe copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We'll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.Read More ›
- Legal Possession: What Does It Mean?Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.Read More ›
- Removing Restrictive Covenants In New YorkIn Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?Read More ›