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Features

Accidental Access, 'Catfishing' and Unsecured Wi-Fi

Richard Raysman & Peter Brown

The increasing use of Web browsing and other user data has stirred some users to reconsider the unspoken "bargain" that exists on social media and other interactive websites, namely, that privacy sacrifices in the form of targeted marketing and data collection subsidize free content and services and promote a robust online ecosystem. However, beyond the larger debate over digital privacy, new practices and technologies have emerged that do not neatly fit within the boundaries of existing privacy laws.

Features

ICANN's Trademark Clearinghouse Sees Slow Initial Take-Up

Jan Corstens

Later this year, the Internet is set to undergo a series of new and drastic changes with the first rollout of hundreds of new generic Top Level Domains (gTLDs). However, there is still a significant lack of participation from many top businesses that have yet to register and, as a result, are at greater risk of intellectual property infringement and potentially putting consumers at risk as well.

Features

How Not to Fail On Execution

Rob Mattern

According to the Gartner Group, 70% of outsourcing engagements fail and 90% do not meet their financial goals.

Features

Recent Issues in Cybersquatting Disputes

Richard Raysman & Peter Brown

There are several pressing issues within the realm of cybersquatting, including: recent heightened scrutiny applied by courts to cybersquatters and the operators who host their domains; the various methods by which companies attempt to combat the problem; and whether cybersquatting will become a substantial problem on newer platforms, such as social networking sites and on the forthcoming new gTLDs.

Dip in Bankruptcies Forces Firms to Trim Ranks

Christine Simmons

A slowdown in Chapter 11 bankruptcy filings has led law firms to trim their ranks and steer bankruptcy attorneys into other areas.

Features

Ninth Circuit Rejects Google's Defense in Suit over Wi-Fi Sniffing

Scott Graham

In what could be a painfully expensive rebuke to Google, the U.S. Court of Appeals for the Ninth Circuit ruled last month that the company can be sued under the Wiretap Act for sniffing out data from home Wi-Fi networks.

Features

Big Defeat for Online Streaming

Zoe Tillman

Television broadcasters scored a big victory last month in their quest to power down online television streaming services. It's a dispute that likely seems headed to the U.S. Supreme Court, entertainment lawyers say, given divided rulings from courts across the country.

Features

Spotlight on 3D Printing: Intellectual Property

Julie N. Matthews

3D printing technology, also known as additive manufacturing, is nothing new. It has been used for decades by designers and engineers. But the technical capabilities that make 3D printing technologies so useful likely will facilitate intellectual property infringement.

Features

Why Not Throw in the Design of the Kitchen Sink?

Christopher P. Foley, Elizabeth D. Ferrill & Larry M. Sandell

When it comes to seeking patent protection for a new product, companies are often faced with a dilemma: delay patent filings until the product has proven commercial value, or gamble substantial resources trying to create a portfolio of utility and design patents for a product that may not be successful?

Appeals by the Numbers

Matt Schneller & Erin Hennessy

Two of the main substantive causes for refusals of U.S. federal trademark applications are descriptiveness refusals (under Section 2(e) of the Lanham Act, and likelihood of confusion refusals (under Section 2(d)) of the Act.

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MOST POPULAR STORIES

  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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