Columns & Departments
Bit Parts
Complaint States Direct Infringement Claim Against Fan Websites Operator<br> Direct Seller WWE Wins <i>Ex Parte</i> Order for Stopping Merchandise Counterfeiters
Transforming Your Website Visitors into New Clients
The authors shares what he has learned since hestarted blogging 10 years ago. Using the tactics described in this article, his blog has gotten 1.2 million visits. And that's not all.
Features
Stop and Look Before You Listen!
One of the areas in which criminal and matrimonial law collide is in wiretap and eavesdropping laws. Not only are many matrimonial laws state-specific as to statute and judicial interpretation, but the various wiretap and eavesdropping laws throughout the nation are similarly disjointed. This article focuses on some of the larger states and discusses certain controversial areas.
Features
What Constitutes 'A Sale' and 'an Offer to Sell'?
The Federal Circuit addressed what activity constitutes a sale or an offer for sale for purposes of 35 U.S.C. '271 and, in an important concurrence, Circuit Judge O'Malley provides a provocative analysis of the standard for enhanced damages under '284 in parallel to recent Supreme Court edicts on the standard for attorneys' fees under '285 and calls upon the Federal Circuit to reevaluate the standard for willfulness.
Calculating Structured Judgments
Historically, a defendant would become obligated to pay the full amount of a personal injury judgment in a lump sum as soon as the judgment was entered. In 1985, New York enacted a Periodic Payment of Judgments Act as part of the State's effort at tort reform.
Features
Taking a Stand Where Few Have Trodden
A "structured dismissal" of a Chapter 11 case following a sale of substantially all of the debtor's assets has become increasingly common. However, only a handful of rulings have been issued on the subject...
Columns & Departments
IP News
Licensor Lacks Standing to Sue Where No Rights in Patent Were Retained
Columns & Departments
Real Property Law
In-depth analysis of key cases of interest.
Features
The First Circuit's Non-Unanimous Rejection o the Blanket Rule on Stay Relief Denials
Are orders denying relief from the automatic stay pursuant to Section 362 of the Bankruptcy Code considered final and, therefore, appealable as of right? This was the issue of first impression that was recently presented to the First Circuit.
Agreements Without Temporary Maintenance Recitals: Can This Contract Be Saved?
In 2010, New York's Legislature enacted Domestic Relations Law (DRL) ' 236, Part B, subd. 5-a, in 2010. The statute, among other things, requires that agreements concerning temporary maintenance that deviate from its formula must, to be enforceable, contain calculations for the amount that would have been set by the formula, and more. The discussion continues herein.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Blockchain Domains: New Developments for Brand OwnersBlockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.Read More ›
- Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About ItWhy is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?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 ›
- 'Insurable Interest' and the Scope of First-Party CoverageThis article reviews the fundamental underpinnings of the concept of insurable interest, and certain recent cases that have grappled with the scope of insurable interest and have articulated a more meaningful application of the concept to claims under first-party property policies.Read More ›
- Ex Parte Trademark Appeals to District Court — Lessons Learned from the Front LinesAlthough pursuit of an appeal to the Federal Circuit may under some circumstances prove to be quicker and less expensive, appeals to district courts are becoming increasingly attractive given recent changes in the law and USPTO practice in defending these actions.Read More ›