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

<i>Matal v. Tam</i> and Viewpoint-Discriminatory Prohibitions Against Federal Registration
August 01, 2017
In <i>Matal v. Tam,</i> the SCOTUS held that a portion of Section 2(a) of the Lanham Act, 15 U.S.C. §1052(a), prohibiting the federal registration of potentially disparaging trademarks and service marks, violated the Free Speech Clause of the First Amendment.
The Impact of <i>TC Heartland</i> on Copyright Venue
August 01, 2017
The Supreme Court sparked a seismic shift in patent litigation recently when it upset the long-standing interpretation of 28 U.S.C. §1400(b), the special patent venue statute. TC Heartland held that for the purposes of patent venue, the meaning of "resides" in Section 1400(b) is not supplemented by the broad definition of "resides" in the general venue provision, 28 U.S.C. §1391.
Manufacturers vs. Exclusive Distributors: Who Owns the Trademarks?
August 01, 2017
The Third Circuit has adopted McCarthy's "ownership" test in determining whether a manufacturer or distributor owns a trademark in the absence of an express agreement between the parties.
IP News
August 01, 2017
Federal Circuit Vacated The Denial of an Injunction Because a Causal Nexus for Multi-Feature Products Only Requires a Feature to be 'A Driver' of Demand<br>District Court Abused Discretion In Denying Attorneys' Fees, Where Plaintiff Continued to Litigate After Markman Order Made Its Position Untenable
<b><i>Online Extra</b></i><br> After Years of Setbacks, Patent Owners Try to Turn Tide in Congress
July 03, 2017
Patent owners have taken control of the patent reform debate in the 115th Congress, but it's not clear yet who's supposed to be listening.
IP News
July 02, 2017
Federal Circuit Affirms Non-Infringement Decision Based on Prosecution Disclaimer<br>Federal Circuit Decisions Offer Guidance on Award of Attorney Fees under Section 285
Supreme Court Draws Crucial Distinction In Landmark Patent Exhaustion Decision
July 01, 2017
The Supreme Court's decision in <i>Impression Products v. Lexmark</i> is the latest Supreme Court ruling to eviscerate years-long, patentee-friendly Federal Circuit precedent.
Transactions Triggering the 35 USC §102 On-Sale Bar
July 01, 2017
Despite leaving unresolved the ambiguity about the effect of secret sales under §102, the <i>Helsinn</i> ruling offers clues to practitioners seeking to avoid the on-sale bar.
<b><i>BREAKING NEWS</i></b><br>Michelle Lee Resigns as PTO Director
June 07, 2017
Michelle Lee resigned as director of the United States Patent and Trademark Office (USPTO) on May 6.
Supreme Court Turns Back the Clock on Venue In Patent Infringement Litigation
June 02, 2017
Although <i>TC Heartland LLC v. Kraft Foods</i> answers the question of where a domestic corporation resides in patent infringement cases, it does not fully answer the question of where proper venue lies.

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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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