IP News
Highlights of the latest intellectual property news from around the country.
Features
Work-for-Hire Dispute Over Comic Books a Reminder of Drafting Considerations
Decisions such as the recent opinion by the U.S. District Court for the Southern District of New York in <i>Marvel Worldwide v. Kirby</i> highlight the importance of carefully drafting provisions governing the transfer of rights in new works of authorship.
Re-registration of Current Domain Name By New Owner Not ACPA 'Registration'
The Ninth Circuit has now concluded that the Anticybersquatting Consumer Protection Act does not apply to a domain name that is first registered prior to the time the trademark at issue becomes distinctive, even if the domain name is later re-registered by a new owner. However, the Ninth Circuit also held that the ACPA can apply to new domain names registered by the new owner after the mark acquires distinctiveness.
Features
Using Consumer Surveys to Prove Patent Infringement Damages at Trial
Though long used in trademark, false advertising, and antitrust cases, the use of consumer surveys in patent cases is a relatively recent phenomenon. Counsel responsible for managing patent litigation should understand the potential role that survey evidence can play at trial.
How The Williams Companies Uses Matter Management to Work More Efficiently
In 2001, Williams found itself in the midst of a painful downturn that ultimately changed the composition of the company's assets and its direction. As such, our legal department was given a corporate mandate to increase our internal services while dramatically reducing our budget, headcount and spending on outside legal services.
Has Your Firm's Security Had A Physical?
As physical security systems become more IT-centric, they are more often being identified as an application on the network and not as a disparate system. Security guards have been replaced by intelligent IP-based enterprise security systems that ideally are tied into the existing IT infrastructure and normally segmented via a VPN.
Using Helpdesk Statistics to Improve Law Firm User Support
Measuring service levels, ticket volumes, conversion staffing levels, and user satisfaction are all important aspects of running a successful helpdesk, but only of true value if compared to other metrics, and more importantly, acted upon.
No More Excuses for Not Using Predictive Coding
Predictive coding is the latest of several innovations that have fundamentally altered the process of e-discovery, some of them even leading to changes in the Federal Rules. It has become a must-have e-discovery capability.
Assessing the Impact of Technology Trends on Legal Practice
This article highlights the 2011 Top 10 Technology Issues identified by the American Institute of Certified Public Accountants and discusses how law firms can benefit from an increased awareness of what the survey indicates.
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MOST POPULAR STORIES
- Disconnect Between In-House and Outside Counsel'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.Read More ›
- Divorce Lawyers' Obligation to ChildrenDo divorce lawyers have an obligation to disclose client confidences when it is in the best interests of the client's child to do so? The short answer of the rules of professional responsibility is 'no' because a 'yes' answer is deemed to be fundamentally inconsistent with the premises of the adversary system in which the divorce lawyer functions. The longer answer is that the rules encourage ' but do not require ' a divorce lawyer to counsel the client to authorize the disclosure because it is in the best interests of both parent and child.Read More ›
- Upping the Legal Training AnteWomble Carlyle's technology training and online learning programs were in need of an upgrade. Unprecedented firm growth, heightened emphasis on developing lawyers' core technology competencies, and a need to streamline and automate existing e-learning processes led the firm to initiate a fundamental shift.Read More ›
- Ticket Refund Suits Against StubHub to Get MDL TreatmentOnline ticket reseller StubHub faces lawsuits over allegedly unrefunded event tickets in California, after a federal judicial panel ordered that similar cases from jurisdictions in multiple states be coordinated.Read More ›
- Credible Fraudulent Transfer AdvocacyAppellate courts continue to use common sense when disposing of constructively fraudulent transfer appeals, as recent decisions show.Read More ›