Features
Patents and Open Source Software: New Issues Raised in the GNU General Public License v3.0
Version 3.0 of the GPL, published on June 29, 2007, contains several new provisions regarding patents prompted by a recent agreement between Microsoft and Novell.
IP News
Highlights of the latest intellectual property news from around the country.
Incorporating a Disclosure Made Difficult: Zenon Environmental, Inc. v. United States Filter Corp.
Incorporating a disclosure from an earlier document by reference would not appear to be a difficult task, but a recent decision from the Federal Circuit suggests otherwise.
Features
Famous Marks Doctrine: A Defeat in New York State
In <i>ITC Limited v. Punchgini, et al.,</i> the New York Court of Appeals declined to recognize the 'famous marks' doctrine, but it did confirm the possibility of protection under existing common law theories of misappropriation in certain limited circumstances.
Bone of Fido Parody: <i>Louis Vuitton v. Chewy Vuiton</i>
A biting satire it may not have been, but <i>Louis Vuitton Malletier S.A. v. Haute Diggity Dog, LLC</i> nonetheless concluded that canine chew toys fashioned after Louis Vuitton handbags were a permitted parody that did not infringe or dilute Louis Vuitton's admittedly well-known marks. Although the decision scratches little new ground in the trademark jurisprudence of parody and infringement, it was a first opportunity for an appellate court to assess parody under the new Trademark Dilution Revision Act.
Features
The Leasing Hotline
Highlights of the latest commercial leasing cases from around the country.
Using a License Agreement Instead of a Lease
Given the need of landlords to be relieved of the onerous burdens and frustrations of traditional landlord-tenant litigation, a license agreement may be useful for the right business plan.This article discusses the license agreement — its limitations and its powers. It also dissects and explains when and how to use a license agreement, and the ability to effectuate self-help properly.
Features
Think It's Found Money? Better Do It Right When Raising Investment Capital
Finders can provide valuable services on behalf of a company seeking funding since they may have access to investors that would not otherwise be known to the company. This article sets forth recommended provisions for a Finder's Fee Agreement.
'Perfect Pay' Provisions in Troubled Credit Markets
In the current era of credit uncertainty spawned by the subprime mortgage crisis, perfect pay provisions may be subject to changes as banks, leasing companies, hedge funds, and other financial institutions to which these payments have been sold or pledged ('Funders') tighten credit standards and re-examine transaction risk, particularly in syndications of interests in leases and loans.
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