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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.
Highlights of the latest intellectual property news from around the country.
Features
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
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.
To what extent does re-examination equip an infringer who loses in court with the additional opportunity, aside from an appeal, to escape liability?
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.
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.
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.
Features
The U.S. Court of Appeals for the Second Circuit has held that the sale of products lacking a unique serial number applied by a brand owner for anticounterfeiting and quality control purposes constitutes trademark infringement under federal law. This is so even if the removal of the code does not cause physical damage to an otherwise genuine product and consumers are not aware that the code has been removed.
Highlights of the latest equipment leasing news from around the country.
