Online Dissemination of People's Images
Sometimes, innovation brings benefits; other times, as the saying goes, "the more things change, the more they stay the same." That paradoxical dictum is evident when computer and Internet technology, and e-commerce, converge. With stasis and change in mind, consider the nearly ubiquitous issue and practice of Internet accessibility of images amassed by government organizations, commercial entities and individuals.
Back Up for Recovery, Archive For Discovery
Information management is a proximate and pressing business concern. Organizations must ensure that electronic data is routinely backed up, safely stored and recoverable in the event of a disruption or disaster. At the same time, they must also make sure that records are preserved and expired in conjunction with retention schedules, and are searchable and discoverable, to enable efficient response to litigation and investigatory matters should problems arise. Indeed, the preparation and use of electronic discovery is accelerating and attenuating these needs.
IP News
Highlights of the latest intellectual property news from around the country.
Features
IP Litigation: What Is It Good For?
As obvious as this distaste for lawsuits may be to anyone who has ever been deposed, it nonetheless is often critical for businesses, and particularly technology firms, not only to be prepared to go (metaphorically) to war in the battlefield of the courtroom, but to actually take that step.
Features
Evidence Needed to Prove Bona Fide Intent to Use
The TTAB has opined on the meaning of a bona fide intent to use a trademark in connection with a Section 1b intent to use trademark application. None of these opinions, however, has delineated a clear bright-line test defining bona fide intent to use. In April 2009, the TTAB, ruling in <i>Honda Motor Co., Ltd. v. Friedrich Winkelmann,</i> established the meaning in the context of a trademark application based on foreign registration rights under Section 44, rather than on use in interstate U.S. commerce.
Post-Trial Re-examination
To what extent does re-examination equip an infringer who loses in court with the additional opportunity, aside from an appeal, to escape liability?
A Focus on Customer Service: Legal Hold Management at Family Dollar
We needed a "one-stop" communication link with custodians, with automated audit trails. We also wanted to move away from the practice of regularly using outside counsel to handle the creation of custom legal hold notices for our litigation portfolio. We knew it was time to rethink our legal hold process.
Gaining Competitive Edge and ROI with Redact-It's Electronic Redaction Tool
Although some lawyers have resisted the digital revolution, this is no longer an option. e-Filing is now mandatory in the federal courts, and state courts will soon follow this trend. Unless a firm wants to outsource this function (e-filing), high-speed scanning technology is a must, since substantially every e-filed document must be in PDF format. Fortunately, the cost of this technology is now reasonable, and PPM scan rates have dramatically improved.
X Marks the Spot: Lessons Learned From the Data Map Process
Creating the right data map with the right information takes time, patience, perseverance and pull. A data map that is hastily put together and is missing information will only provide cursory support to counsel, and instead may end up providing fodder to opposing counsel. Some have even said that is better to not have a data map, claim ignorance and hope for leniency than to state that you have a data map and produce an incomplete, half-baked and inadequate one and anger the judge.
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MOST POPULAR STORIES
- The Availability of Self-Help Evictions to Commercial LandlordsA landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.Read More ›
- Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of LicenseeMission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."Read More ›
- Bankruptcy Court Cannot Surcharge Credit Bidding Asset Buyer with Expenses of SaleExplaining that the "bankruptcy court had no jurisdiction to take such action," the Fifth Circuit also vacated the district's court's improper ruling that the bankruptcy judge could enter a personal judgment against the asset buyer.Read More ›
- Second Circuit Rejects Arbitration of Debtor's Asserted Discharge ViolationA bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›