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We found 1,371 results for "The Intellectual Property Strategist"...

One Banana, Two Banana: Can a Banana Taped to a Wall Be Copyright Protected Art?
August 01, 2022
On July 7, 2022, the Southern District of Florida denied a motion to dismiss in Morford v. Cattelan, which began by posing the following question: "Can a banana taped to a wall be art?"
Digital Advertising: Customer Confusion and Trademark Infringement
August 01, 2022
In the absence of a federal statutory scheme specifically aimed at digital advertising practices, the courts have focused on consumer-facing issues covered by existing law, such as privacy, transparency, and deceptive or misleading advertising practices. But digital advertising technology can also present new challenges in copyright and trademark protection.
Copyright Plaintiffs Can Reach Back More Than Three Years In Seeking Infringement Damages, Ninth Circuit Rules
August 01, 2022
How far back from accrual of a claim may a plaintiff reach for copyright damages?
IP News
August 01, 2022
Copyright Standing and Fifth Circuit Trade Dress Factors
UPDATE: Did the Supreme Court's 'Arthrex' Decision Open Pandora's Box?
July 01, 2022
In June 2021, the Supreme Court ruled in U.S. v. Arthrex that the statutory scheme appointing Patent Trial and Appeal Board administrative patent judges to adjudicate IPRs violates the appointments clause of the U.S. Constitution. Specifically, the Court concluded that because APJ decisions in IPR proceedings are not reviewable by a presidentially appointed and Senate-confirmed officer, such determinations are not compatible with the powers of inferior officers. The PTO later decided that it would not accept requests for director review of institution decisions. This policy is now also being questioned in Arthrex's wake.
Quebec's Bill 96 and Trademarks: Product Packaging and Labelling
July 01, 2022
The modifications brought by the Quebec's Bill 96 will have a far-reaching impact on how businesses use trademarks on product packaging, labelling, public signage and in commercial advertising. This article is Part One of a two-part series on Bill 96 and trademarks and covers the effects as they relate to product packaging and labelling and how best to comply with these new provisions.
Proper Notice of Trademark Rights: Using Trademark Symbols for Three-Dimensional Packaging and Product Designs
July 01, 2022
Among the most common questions trademark attorneys are asked is what the differences are between the symbols ®, TM, and SM. When should such symbols should be used? Where should they appear? How frequently? Do they even need to be used at all?
NFTs and IP Protection
July 01, 2022
the legal frameworks governing NFTs — which could significantly impact the risks and rewards of buying or selling NFTs — are still catching up. This article addresses another key legal dimension of NFTs: intellectual property protections.
IP News
July 01, 2022
Federal Circuit: Judicial Correction Appropriate Where Correction Is Not Subject to Reasonable Debate Federal Circuit Vacates Dismissal of Declaratory-Judgment Claim of Noninfringement and Remands for Further Proceedings
Increased Bankruptcy M&A Activity Should Provide Attractive Opportunities for Lenders
July 01, 2022
It seems clear that bankruptcy filings inevitably will increase in the near future, because of rising interest rates, pandemic-related micro-economic forces, global strife, and other macro-economic factors and their continuing strain on the global economy and individual businesses. Consequently, strategic buyers and private equity sponsors should find expanding opportunities to purchase distressed businesses out of bankruptcy.

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  • Major Differences In UK, U.S. Copyright Laws
    This 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.
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  • Legal Possession: What Does It Mean?
    Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
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  • The Stranger to the Deed Rule
    In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.
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