IP News
July 31, 2007
Highlights of the latest intellectual property news from around the country.
What Proves That a Mark Has Become Generic?
July 31, 2007
Generic names for goods and services may not be registered as trademarks under the Lanham Act, and registered marks that have become the generic name for the goods or services may be cancelled at any time (15 U.S.C. §14(3)). Words that were originally trademarks designating the source for particular products, such as 'escalator' and 'thermos,' have lost that status and become the generic name for all such products. Companies whose marks are in danger of losing their distinctiveness as source indicators may take steps to raise the public's consciousness and prevent their marks from becoming generic. One such well-known advertising campaign is run by Xerox Corporation to educate the public to use a 'photocopying machine' or 'to photocopy' in place of the registered trademark XEROX.
What's Obvious From KSR Int'l Co. v. Teleflex?
July 31, 2007
Since the Supreme Court's April 30, 2007 decision in <i>KSR Int'l Co. v. Teleflex Inc. et al.</i>, 127 S.Ct. 1727 (2007), the Court of Appeals for the Federal Circuit has affirmed one district court's determination of obviousness, reversed another, and denied one rehearing <i>en banc</i> concerning an obviousness determination. This second installment of our two-part series discusses three cases decided after <i>KSR</i> and examines the implications of <i>KSR</i> in the context of these decisions.
Perfect 10 v. Google: Ninth Circuit Sanctions Web Site Framing, Online Thumbnail Displays
July 31, 2007
How fast do things change in 'Internet time'? That was in substance one of the questions posed in a recent Ninth Circuit decision in <i>Perfect 10 v. Google</i>, No. 06-55405, 2007 U.S. App. Lexis 11420 (9th Cir. May 16, 2007), which considered, <i>inter alia</i>, whether a less-than-four-year-old fair use precedent validating an image search engine had been overtaken by subsequent events. Not so fast, answered the Ninth Circuit in a lengthy decision destined to provide important guidance to online enterprises on a range of Internet copyright issues.
WALK THE WALK - DON'T TALK THE TALK
July 30, 2007
Walking the walk means following through on what got you selected by inside counsel in the first place. Where 68% of law firms rate themselves an "A" for serving their clients, only 19% of in-house counsel would agree. This is according to the recent 18th Annual Survey of General Counsel by INSIDE COUNSEL. We will be spending the next several weeks reviewing how to avoid this disconnect and what in-house counsel expect their new firms…
Gender Discrimination Claims After Ledbetter
July 30, 2007
Recent action taken by the Equal Employment Opportunity Commission ('EEOC') and the U.S. Supreme Court show that gender discrimination issues continue to influence employee relations.
EEOC Thinking Big
July 30, 2007
Part One of this article discussed the EEOC's plans to implement its new Systemic Discrimination Initiative, describing what the initiative is, why it is important and the first two steps in the implementation: identifying systemic cases early and often, and involving lawyers from the start. The conclusion discusses the next four steps in the EEOC's plans, and what employers can expect.
Wellness Programs
July 30, 2007
The term 'wellness program' applies to a wide variety of programs designed to improve employee health, including fitness classes, smoking cessation programs, weight loss programs, and medical exams with medical goals based upon the results. Although at first glance these programs seem to be a win-win for everyone ' improved health for employees and reduced costs ' they carry with them a number of inherent legal risks.
Case Briefs
July 30, 2007
Highlights of the latest insurance cases from around the country.
