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Trademarking Athletes' Names and Slogans

Peter Perkowski

If recent trends are any indication, athlete-related trademarking activity promises to keep increasing.

Features

Protecting Reality TV Formats

Michael I. Rudell & Neil J. Rosini

The nature of reality television programs is a relatively modern concern and — like reality itself — doesn't lend itself well to copyright protection.

The Case for Project Management

Donna Seyle

The expectations of today's clients cannot be met by the trappings of traditional law practices. With the way clients now expect and demand that their lawyers engage with them, using project management is a perfect way to support the process.

Features

iPad Best Practice Tips for Legal Professionals

Paul Unger

For legal professionals, the only real choice remains Apple's iPad. The wide selection of legal-specific apps for the iPad cannot be matched by competing Android tablets. Whether intended or not, Apple is winning that market. However, with success comes responsibility, and when it comes to lawyers, accountability, security and saving time is extremely important when serving clients. Here are my "best-practice" recommendations and tips to make the most effective and safest use of iPads for lawyers.

Features

Contracting Away a Controversy: Nike v. Already LLC

Aaron Johnson

In a case that could have important ramifications for trademark owners, as well as owners of other intellectual property and infringing defendants, the U.S. Supreme Court on Nov. 7, 2012, heard oral argument in <i>Already LLC v. Nike, Inc.</i> The case revolves around under what circumstances a covenant not to sue can defeat jurisdiction.

Duel of the e-Discovery Dollars: Cloud vs. Appliance

John C. Tredennick

To many e-discovery professionals, the debate over cloud versus appliance is akin to those over Mac versus PC or Coke versus Pepsi. Each side has its diehard advocates, whose loyalties are often grounded more on habit than on facts.

Features

News Briefs

ALM Staff & Law Journal Newsletters

Highlights of the latest franchising news from around the country.

Court Watch

Cynthia M. Klaus & Susan E. Tegt

Highlights of the latest franchising cases from around the country.

Features

The Maturing Nature of e-Intellectual Property Legal Services

Jonathan Bick

As the Internet matures, so does the nature of intellectual property legal services required by Internet users. Initially, IP legal services were primarily in demand to facilitate Internet startups. Today, requests for enforcement of Internet IP rights appears to be overtaking calls for legal services related to licensing Internet IP.

Features

Protecting Weak Online Trademarks

Scott J. Slavick

Creating a brand name that is trademark-worthy and can be defended in the market requires a thoughtful strategy. The standards of the USPTO for trademark registration are nuanced, and the wrong choice of words can make it challenging to obtain a defensible registered mark.

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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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