The Patent Marking Statute
March 27, 2007
Since 1842, U.S. law has required patent owners to provide notice of their patent rights to the public by marking patented articles. The current statute, codified at 35 U.S.C. '287(a), provides that a failure to mark bars a patentee from obtaining damages for the period before it provided a defendant in a patent infringement action with actual notice of its infringement allegations. This can have a significant financial impact, as up to six years of potential damages may be lost.
IP Branding: Adding Value to a Business
March 27, 2007
In a nutshell, the value of a firm or business is equal to not only the inherent value of its IP but also the value added from the successful branding of a company's intangible assets. This article presents four key steps, with a focus on patents and trademarks, toward adding an IP branding strategy to an existing business model.
'The Continuum of Value'
March 27, 2007
Despite no seeming fundamental economic differences, there have been occasions where divorce courts in different states have reached different conclusions of value for the same type of business. These states reach such different conclusions as to what constitutes marital property because they have different views as to the meaning of the term 'value.' This article represents a summary of some of our findings concerning the application of the premises and standards of value in divorce matters.
IP News
March 27, 2007
Highlights of the latest intellectual property news from around the country.
Trade Dress Limits On Copyright Licenses
March 27, 2007
The first federal case to consider directly the intersection of copyright and trade dress rights arose from a dispute over the use of revealing photographs of a young Marilyn Monroe on labels of red wine. The case, <i>Nova Wines, Inc. d/b/a/ Marilyn Wines v. Adler Fels Winery LLC</i>, out of the Northern District of California, was decided on a preliminary injunction motion and involved two commercial wine merchants intent on capitalizing on Monroe's enduring marketability.
Landlord & Tenant
March 27, 2007
Recent rulings of importance to you and your practice.
Overpleaded Opposition Supports DJ Motion
March 27, 2007
Can a Notice of Opposition in the U.S. Patent and Trademark Office Trademark Trial and Appeal Board give rise to an actual controversy under the Declaratory Judgment Act to support a trademark Applicant's federal declaratory judgment action against the Opposer? Generally, it can't ' or more accurately, it doesn't. But in <i>Neilmed Products, Inc. v. Med-Systems, Inc.</i>, the Northern District of California found that the Notice of Opposition pleaded detailed factors relevant to liability for trademark infringement and dilution.
Development
March 27, 2007
In-depth analysis of the latest rulings.
Foreign Patent Disputes Are Off-Limits For U.S. Courts
March 27, 2007
The U.S. Court of Appeals for the Federal Circuit recently addressed the jurisdictional reach of U.S. courts to adjudicate patent disputes involving foreign patents. In <i>Voda v. Cordis</i>, a split panel held that even if the district court had the authority to exercise supplemental jurisdiction over the foreign patent claims, the district court abused its discretion by exercising that authority. The court's opinion rests largely on comity and judicial economy considerations.
