Features
'No Sublicense' Rule Extended to Trademark and Publicity Rights: The Half-Century Saga of Miller v. Glenn Miller Productions, Inc.
It is well settled that a patent or copyright licensee may not sublicense that right absent specific authorization. <i>See, eg, Gardner v. Nike, Inc.</i> 279 F.3d 774 (9th Cir. 2004); <i>Unarco Industries, Inc. v. Kelley Co.</i>, 465 F.2d 1303 (7th Cir. 1972); <i>In re Patient Education Media, Inc,</i> 210 B.R. 237 (S.D.N.Y 1997). Trademarks are often grouped with patents and copyrights as 'intellectual property,' but fundamental differences among the genres exist. <i>See, eg, Sony Corp of America v. University City Studios</i>, 464 U.S. 417, 439 n.17 (1984). Do the same policies supporting the so-called 'no sublicense' rule in the patent and copyright context apply to trademarks and related publicity rights?
Features
e-Mail Job Termination Notices
Traditionally, job-termination notices took the form of a pink slip of paper that employees found in their mailbox or in the envelope carrying their paycheck.<br>Recently, however, tech retailer Radio Shack used e-mails to give more than 400 employees notice of their involuntary separation from the firm. That move probably wasn't the use of technology many in the e-commerce, or the bricks-and-mortar, world envisioned for the business sector.
U.S. Patent Provisional Rights: Impacts of Recent Change
U.S. Patent Laws, amended by the passage of the American Inventors Protection Act of 1999 ('the Act'), now provide for publication of pending patent applications prior to issuance. 35 U.S.C. '122(b). Since the effective date of the amendment, Nov. 29, 2000, the U.S. Patent and Trademark Office ('USPTO') publishes domestic utility applications within 18 months of their earliest priority date. Prior to this amendment, patent applications were not made publicly available until a patent issued, thereby preserving the confidential information of a patentee until remedies for patent infringement were made available to the patentee.
Features
Betting on Litigation
For all the publicity that our litigious society generates, the decision to sue or not, or even to send a so-called lawyer letter, is often agonizing for any business owners or principals.<br>This dilemma is particularly strong for the smaller firms that compose so much of the e-commerce sector. While the media often perceives lawyers as nothing more than 'ambulance chasers' constantly looking for personal injury lawsuits to stock their personal treasuries, most businesses should prefer to resolve disputes outside the courtroom.
Features
The Video Sites They Are A-Changing
The last few weeks have witnessed further evolution of the world of user-upload sites. MySpace.com and YouTube.com were once youthful rebels; their founders were young, their audience was predominantly under 30. These sites allowed youngsters to post their own video material. This, in turn, enraged copyright holders, because some of the postings used (and sometimes were in entirety) copyrighted material, taken without permission.
Features
Litigation
Recent rulings of importance to you and your practice.
Features
Data Mining
The first part of this article discussed the importance and focus of data retrieval in matrimonial actions and the parameters of data mining. The conclusion herein addresses privacy concerns, the impact of e-mail, and the costs of data retrieval.
Marital Misconduct and Alimony
Decisional law in New Jersey has long expressed the view that alimony is neither a punishment for the payor nor a reward for the payee. <i>Aronson v. Aronson</i>, 245 N.J. Super. 354, 364 (App. Div.1991). Rather, it is an economic right that arises out of the marital relationship that provides a dependent spouse with a level of support and standard of living commensurate with the quality of economic life that existed during the marriage. <i>Stiffler v. Stiffler</i>, 304 N.J. Super 96, 99 (Ch. Div.1997) (quoting <i>Koelble v. Koelble</i>, 261 N.J. Super. 190, 192-93 (App. Div. 1992)).
The Importance of <i>Wa</i> When Doing Business in Japan
Volumes have been written on the supposed non-litigious nature of the Japanese, usually citing statistics showing there are hundreds of times fewer attorneys and lawsuits per capita in Japan as compared to the U.S. These statistics are generally misleading because they fail to take into account the structure of the Japanese court system itself, which presents significant barriers for litigants. <br>This article focuses on two aspects of Japanese culture that noticeably affect the Japanese approach to business relationships. First, the Japanese insistence on preserving harmony as evidenced by consensus decision-making, avoidance of confrontation and attention to formalities of rank and seniority. Second, the importance of mutual trust to the business relationship as evidenced by the emphasis on non-business discussions.
Features
'Equitable Paternity'
He who acts like a father is a father ' at least legally, even if not biologically. New York's highest court, the Court of Appeals, concluded this in a recent ruling, imposing 'equitable paternity' on a man who wrongly assumed he had fathered a daughter and acted accordingly.
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