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.
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.
Bit Parts
August 27, 2009
Alleged Oral Copyright License No Bar to Infringement Suit<br>Musical Compositions' Valuation Upheld<br>Song Suit Against Destiny's Child Sent to Trial
Single-Publication Rule Applies to Publicity Claim
August 27, 2009
In a limited victory for publishers, the California Supreme Court ruled on Aug. 17 that the state's single-publication rule applies to the tort of appropriation of likeness. Christoff v. Nestl' USA, Inc., S155242. The ruling came in the case of a model who said Nestle USA used his face ' without his knowledge ' to sell Taster's Choice instant coffee for years.
Talent Boutiques Challenged By Business Downturn
August 27, 2009
The recession has hit an entertainment law sector that has undergone considerable change during the past decade. Boutique law firms that represent most of the talent end of the entertainment business have multiplied amid the dissolution of some long-standing firms and the departure of top attorneys who struck out on their own.
Electronic Medical Records
August 26, 2009
Recently, physicians and other health care providers have been inundated with information regarding electronic medical records ("EMR"). However, it is believed that the vast majority of health care transactions are still taking place on paper.
Are Web Applications a Security Concern?
July 29, 2009
Private companies with external Web sites can be susceptible to attackers looking to commit defacement or infiltrate computer networks to steal sensitive information. Here's what you need to know.
