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

Exploring the Nebulous Boundaries of Trade Dress
October 01, 2019
Now that we are in the digital age, questions have been raised about the trade dress of websites and apps.
Damages for Extraterritorial Infringement of U.S. Patents
October 01, 2019
A look at the gray area of infringement of U.S. patents in the U.S., but with related consequences or actions outside the U.S.
IP News
October 01, 2019
Penn State Files Trademark Lawsuit against Sports Beer Brewing Company Can OSU Trademark the Word "The"?
Seeing Green: Protecting Brands In the Cannabis Industry
September 01, 2019
Branding is not a new concept, nor are the various intellectual property laws that protect brands. What is new to most is how this burgeoning industry can take advantage of those laws within the context of state and federal restrictions.
Rights and Obligations In Patent Licenses
September 01, 2019
The owner of a commercially successful patent may have competing desires. On one hand, the patent owner wants to protect the patent and secure its maximum benefit; on the other hand, the patent owner wants to avoid enforcement litigation with competitors because it is expensive and puts the patent at risk.
Did Congress Create Unintended Risks to Innovators In the AIA? 
September 01, 2019
Many observers greeted the passage of the AIA into law as a long-overdue overhaul of U.S. patent law that aligned it with patent systems prevailing in the rest of the world. Who knew what mischief just seven of the AIA's more than 25,000 words contained? The U.S. Supreme Court answered earlier this year.
SCOTUS to Address Whether Lanham Act Requires Willful Infringement for Profit Disgorgement
September 01, 2019
The decision in Romag Fasteners v. Fossil will bring welcome uniformity, ending the status quo where eligibility to recover profits under the Lanham Act depends on which court is deciding the dispute
Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of Licensee
August 01, 2019
Mission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."
Supreme Court Holds Bar Against Registration of Immoral or Scandalous Marks Violates the First Amendment
August 01, 2019
Iancu v. Brunetti The Supreme Court held the bar against registration of immoral or scandalous marks "collided" with well-established free speech doctrine, namely, that laws disadvantaging speech based on the views expressed thereby violate the First Amendment.
Case on 'Coolcore' Marks Settles a 34 Year Debate Regarding Bankruptcy and IP Law
August 01, 2019
The U.S. Supreme Court issued its long-awaited decision in <i>Mission Product Holdings, Inc. v. Tempnology </i>, ruling that a trademark licensee can retain its rights under a trademark license agreement that is rejected by the licensor as an executory contract in bankruptcy.

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    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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  • "Holy Fair Use, Batman": Copyright, Fair Use and the Dark Knight
    The copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We'll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.
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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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