IP News
November 29, 2011
Highlights of the latest intellectual property news from around the country.
Work-for-Hire Dispute Over Comic Books a Reminder of Drafting Considerations
November 29, 2011
Decisions such as the recent opinion by the U.S. District Court for the Southern District of New York in <i>Marvel Worldwide v. Kirby</i> highlight the importance of carefully drafting provisions governing the transfer of rights in new works of authorship.
Re-registration of Current Domain Name By New Owner Not ACPA 'Registration'
November 29, 2011
The Ninth Circuit has now concluded that the Anticybersquatting Consumer Protection Act does not apply to a domain name that is first registered prior to the time the trademark at issue becomes distinctive, even if the domain name is later re-registered by a new owner. However, the Ninth Circuit also held that the ACPA can apply to new domain names registered by the new owner after the mark acquires distinctiveness.
Using Consumer Surveys to Prove Patent Infringement Damages at Trial
November 29, 2011
Though long used in trademark, false advertising, and antitrust cases, the use of consumer surveys in patent cases is a relatively recent phenomenon. Counsel responsible for managing patent litigation should understand the potential role that survey evidence can play at trial.
How The Williams Companies Uses Matter Management to Work More Efficiently
November 28, 2011
In 2001, Williams found itself in the midst of a painful downturn that ultimately changed the composition of the company's assets and its direction. As such, our legal department was given a corporate mandate to increase our internal services while dramatically reducing our budget, headcount and spending on outside legal services.
Has Your Firm's Security Had A Physical?
November 28, 2011
As physical security systems become more IT-centric, they are more often being identified as an application on the network and not as a disparate system. Security guards have been replaced by intelligent IP-based enterprise security systems that ideally are tied into the existing IT infrastructure and normally segmented via a VPN.
Using Helpdesk Statistics to Improve Law Firm User Support
November 28, 2011
Measuring service levels, ticket volumes, conversion staffing levels, and user satisfaction are all important aspects of running a successful helpdesk, but only of true value if compared to other metrics, and more importantly, acted upon.
No More Excuses for Not Using Predictive Coding
November 28, 2011
Predictive coding is the latest of several innovations that have fundamentally altered the process of e-discovery, some of them even leading to changes in the Federal Rules. It has become a must-have e-discovery capability.
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- Major Differences In UK, U.S. Copyright LawsThis article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.Read More ›
- The Article 8 Opt InThe 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.Read More ›
- Removing Restrictive Covenants In New YorkIn Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?Read More ›
- Warehouse Liability: Know Before You Stow!As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.Read More ›