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We found 1,377 results for "The Intellectual Property Strategist"...

The Far-Reaching Effects of Inequitable Conduct
March 28, 2008
The Federal Circuit recently held that an applicant's failure to disclose material notes to the U.S. Patent and Trademark Office can result in a finding of inequitable conduct that may render a patent, and even related patents, unenforceable.
Boston Duck v. Super Duck: Court Rules That Sponsored Linking Can Ruffle Feathers
March 28, 2008
In <i>Boston Duck Tours, LP v. Super Duck Tours</i>, the District Court of Massachusetts ruled that sponsored linking qualifies as 'use in commerce' for purposes of trademark infringement under the Lanham Act. Although the court ultimately found no likely consumer confusion in this case, in holding that sponsored linking falls within the purview of the Lanham Act, the court joins a growing number of circuits and districts that have failed to take a cue from well-settled, and clearly analogous, offline trademark principles.
IP News
February 28, 2008
Recent news of importance to you and your practice.
Fantasy Baseball First Amendment Rights
February 28, 2008
Recently, the right of publicity of baseball players featured prominently in a federal appellate decision. <i>C.A.C. Distribution and Marketing, Inc. v. Major League Baseball Advanced Media, L.P.</i> The Eighth Circuit concluded that the First Amendment rights to run a fantasy baseball league by using the names, performance, and biographical data of professional baseball players superseded the players' rights of publicity.
TTAB Proceeding
February 28, 2008
In a proceeding before the Trademark Trial and Appeal Board ('TTAB'), if your adversary is a foreign entity with no employees in the United States, can you compel an oral deposition of the entity in this country? 'No,' says the TTAB, through its Manual of Procedure ('TBMP'). 'Yes,' says the Fourth Circuit, relying on '24 of the Patent Act, 35 U.S.C. '24 in <i>Rosenruist-Gestao E Servicos LDA v. Virgin Enterprises Ltd.</i>, 511 F.3d 437 (4th Cir. 2007).
Protection from Unwanted Flattery
February 28, 2008
For the last several sessions, Congress has considered the Design Piracy Prohibition Act, which would expand copyright protection to include the cut and look of fashion designs. This proposed legislation could make many imitative designs illegal and add to the current, although somewhat limited, protections for fashion available under existing U.S. trademark, patent, and copyright laws. This article discusses these currently available protections, provides suggestions for designers for utilizing them, and examines changes to the Copyright Act proposed by the Design Piracy Prohibition Act.
February issue in PDF format
January 31, 2008
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IP News
January 31, 2008
Highlights of the latest intellectual property news from around the country.
Incorporating a Disclosure Made Difficult: Zenon Environmental, Inc. v. United States Filter Corp.
January 31, 2008
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.
Famous Marks Doctrine: A Defeat in New York State
January 31, 2008
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.

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    The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
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  • Strategy vs. Tactics: Two Sides of a Difficult Coin
    With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
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  • Rights and Obligations In Patent Licenses
    The owner of a commercially successful patent may have competing desires. On one hand, the patent owner wants to protect the patent and secure its maximum benefit; on the other hand, the patent owner wants to avoid enforcement litigation with competitors because it is expensive and puts the patent at risk.
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  • Foreseeability as a Bar to Proof of Patent Infringement
    The doctrine of equivalents is a rule of equity adopted more than 150 years ago by the U.S. Supreme Court. Prosecution history estoppel is a rule of equity that controls access to the doctrine. In May 2002, the Court was called upon to revisit the doctrine and the estoppel rule in <i>Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co. Ltd.</i> Ultimately the Court reaffirmed the doctrine and expanded the estoppel rule, but not without inciting heated debate over the Court's rationale &mdash; especially since it included a new and controversial foreseeability test in its analysis for estoppel.
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