Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Search


A 'TIP' for Responding to Trademark Infringement
December 05, 2005
If tsunamis, hurricanes and terrorist strikes have taught us anything, it is that emergency preparedness is vital to minimizing damage and facilitating recovery. Trademark infringement is no different. Trademark infringement preparedness can help lay the groundwork for an effective response by facilitating communication, reducing delay, ensuring comprehensive gathering of key response items, allowing for productive use of human resources, and providing for efficient allocation of monetary resources.
Unmasking the Copyrightability of Costumes (and Clothing)
December 05, 2005
An interesting split in the Circuits has developed over whether costumes are per se copyright ineligible. According to one line of cases, costumes are entitled to copyright protection if the design is unique. Another line of cases, however, seemingly endorsed by Second Circuit dicta, suggests that because the purpose of a costume is to allow its wearer to masquerade, the design of the costume is not conceptually separable from the clothing itself.
Court Watch
December 05, 2005
Highlights of the latest franchising cases from around the country.
News Briefs
December 05, 2005
Highlights of the latest franchising cases from around the country.
$2.3 Million Verdict Affirmed for Insurance Agent Under Connecticut Franchise Act
December 05, 2005
In an Oct. 25, 2005 decision, a Connecticut District Court denied an insurance company's motion to set aside a $2.3 million verdict on the plaintiff-agent's wrongful termination claim, concluding that company's relationship with its independent sales agent constituted a franchise under the Connecticut Franchise Act, &sect;42-133e <i>et seq.</i> ("CFA").
Analyzing the New York Franchise Act of 1980: Q&A with Thomas M. Pitegoff, New York Bar Association, Business Law Section
December 05, 2005
In August 2005, the New York Bar Association authorized the formation of a subcommittee of the Business Law section to review, analyze, and possibly revise or rewrite the New York Franchise Act of 1980 to better reflect the current franchising landscape. The subcommittee has held several meetings and is soliciting input from all interested parties. In this interview, Thomas M. Pitegoff (White Plains, NY) discusses the initial goals of the subcommittee, its progress to date, and its continued interest in receiving comments from franchisors, franchisees, and their representatives, and others who may be affected by the New York franchise law.
A Comparison of Novelty in Patent Law and an Analysis of Filing Strategies
December 05, 2005
This is the first of a two-part article. This installment discusses the implications of different foreign filing strategies for establishing a priority date under 35 U.S.C. &sect;102(e). Next month's installment will discuss recommendations for foreign applicants filing in the United States and the situation under the European Patent Convention.
Secondary, Extraterritorial Liability for Process Inventions
December 05, 2005
The reach of U.S. influence on the world is undeniable, and the Federal Circuit in the past few months has done nothing to shrink from that expansion.
Infringement By Source Code 'Golden Master': Developments in Patent Infringement Law Concerning Extra-U.S. Sales
December 05, 2005
Until recently, U.S. software companies comfortably operated under the assumption that selling software that was copied from a "golden master" CD outside of the United States, and which was sold only to customers outside of the United States, did not infringe U.S. patents. Recent developments in the law have destroyed that comfort and made clear that infringement liability may very well lie for exactly those types of foreign sales.
CD: Attorney Listings, Directories and Surveys
December 04, 2005
In the legal industry there are numerous lists, directories and surveys in every shape and form. To be considered for the American Lawyer's A list you need to have participated in at least 4 other surveys ' did you know that? Do you know when Chamber's begins collecting information and formulating their lists? How do you manage all the information? What should be included? What happens behind the scenes after you have sent your information in? Who should the law firm include and why?

MOST POPULAR STORIES

  • Bankruptcy Sales: Finding a Diamond In the Rough
    There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
    Read More ›
  • Supreme Court Asked to Assess Per Se Rule Tension in Criminal Antitrust
    In recent years, practitioners have observed a tension between criminal enforcement of the broadly written terms of the Sherman Antitrust Act of 1890 and the modern Supreme Court's notions of statutory interpretation and due process in the criminal law context. A certiorari petition filed in late August in Sanchez et al. v. United States, asks the Supreme Court to address this tension, as embodied in the judge-made per se rule.
    Read More ›
  • Restrictive Covenants Meet the Telecommunications Act of 1996
    Congress enacted the Telecommunications Act of 1996 to encourage development of telecommunications technologies, and in particular, to facilitate growth of the wireless telephone industry. The statute's provisions on pre-emption of state and local regulation have been frequently litigated. Last month, however, the Court of Appeals, in <i>Chambers v. Old Stone Hill Road Associates (see infra<i>, p. 7) faced an issue of first impression: Can neighboring landowners invoke private restrictive covenants to prevent construction of a cellular telephone tower? The court upheld the restrictive covenants, recognizing that the federal statute was designed to reduce state and local regulation of cell phone facilities, not to alter rights created by private agreement.
    Read More ›