IP News
August 27, 2009
Highlights of the latest intellectual property news from around the country.
Evidence Needed to Prove Bona Fide Intent to Use
August 27, 2009
The TTAB has opined on the meaning of a bona fide intent to use a trademark in connection with a Section 1b intent to use trademark application. None of these opinions, however, has delineated a clear bright-line test defining bona fide intent to use. In April 2009, the TTAB, ruling in <i>Honda Motor Co., Ltd. v. Friedrich Winkelmann,</i> established the meaning in the context of a trademark application based on foreign registration rights under Section 44, rather than on use in interstate U.S. commerce.
Post-Trial Re-examination
August 27, 2009
To what extent does re-examination equip an infringer who loses in court with the additional opportunity, aside from an appeal, to escape liability?
A Focus on Customer Service: Legal Hold Management at Family Dollar
August 27, 2009
We needed a "one-stop" communication link with custodians, with automated audit trails. We also wanted to move away from the practice of regularly using outside counsel to handle the creation of custom legal hold notices for our litigation portfolio. We knew it was time to rethink our legal hold process.
Gaining Competitive Edge and ROI with Redact-It's Electronic Redaction Tool
August 27, 2009
Although some lawyers have resisted the digital revolution, this is no longer an option. e-Filing is now mandatory in the federal courts, and state courts will soon follow this trend. Unless a firm wants to outsource this function (e-filing), high-speed scanning technology is a must, since substantially every e-filed document must be in PDF format. Fortunately, the cost of this technology is now reasonable, and PPM scan rates have dramatically improved.
X Marks the Spot: Lessons Learned From the Data Map Process
August 27, 2009
Creating the right data map with the right information takes time, patience, perseverance and pull. A data map that is hastily put together and is missing information will only provide cursory support to counsel, and instead may end up providing fodder to opposing counsel. Some have even said that is better to not have a data map, claim ignorance and hope for leniency than to state that you have a data map and produce an incomplete, half-baked and inadequate one and anger the judge.
Actionable Trademark Infringement
August 27, 2009
The U.S. Court of Appeals for the Second Circuit has held that the sale of products lacking a unique serial number applied by a brand owner for anticounterfeiting and quality control purposes constitutes trademark infringement under federal law. This is so even if the removal of the code does not cause physical damage to an otherwise genuine product and consumers are not aware that the code has been removed.
In the Marketplace
August 27, 2009
Highlights of the latest equipment leasing news from around the country.
Performing a Litigation Audit on Your Lease Agreements
August 27, 2009
This article discusses the applicable general principles and drafting considerations for some of the most frequently litigated boilerplate provisions: choice-of-law, forum selection, venue, jury trial waiver and attorney's fees.
Invest in Next Gen X Leaders Now!
August 27, 2009
Many smart companies and professional firms are betting that training and coaching the next generation in leadership skills will help them through the recovery period and give them an edge when competitors start building again. Now is the time to focus on generational leadership development.
