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We found 1,275 results for "The Intellectual Property Strategist"...

Knockoffs: Are They Always Infringing?
November 01, 2024
When something is referred to as a "knockoff" it typically implies that the knockoff product is similar in appearance to an earlier product and is unlawful. But that is not always the case. Indeed, there can be infringing knockoffs and noninfringing knockoffs. It depends on the facts and circumstances. To appreciate the difference, a look into the general rules and some specific cases is needed.
Fifth Circuit Remands Recording Labels' Copyright Suit Against ISP
November 01, 2024
A federal appeals court departed from five sister circuits determining damages in a copyright infringement case, taking a position the Copyright Alliance called "a cruel joke."
IP News
November 01, 2024
Federal Circuit: Falsely Claiming That a Product Feature is Patented Can Give Rise to a False Advertising Claim Under the Lanham Act Federal Circuit: A Prior Decision in an IPR Does Not Collaterally Estop the Patentee in a Subsequent Litigation Where Invalidity Must be Proven by 'Clear and Convincing Evidence'
Pleading Importation: ITC Decisions Highlight Need for Adequate Evidentiary Support
November 01, 2024
The International Trade Commission is empowered to block the importation into the United States of products that infringe U.S. intellectual property rights, In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in several recent cases, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation.
Ex Parte Trademark Appeals to District Court — Lessons Learned from the Front Lines
October 01, 2024
Although pursuit of an appeal to the Federal Circuit may under some circumstances prove to be quicker and less expensive, appeals to district courts are becoming increasingly attractive given recent changes in the law and USPTO practice in defending these actions.
Can a Licensor Receive Royalty Payments Beyond the Life of Patent Protection?
October 01, 2024
How do you determine if ongoing royalty obligations that extend beyond the life of underlying patent protection, even if agreed to by the contracting parties, are enforceable? A recent decision by the U.S. Court of Appeals for the Third Circuit shows what types of license arrangements pass the test.
The Seventh Circuit's Decision In 'Motorola v. Hytera': Examining the Extraterritoriality of the DTSA
October 01, 2024
Can a company's trade secrets misused abroad give recourse on the extraterritoriality of the Defend Trade Secrets Act? Yes, said the 7th Circuit in an important new case which provides a roadmap for future cases involving international trade secret theft, finding liability for foreign misappropriation triggered by a domestic act.
Hold On, I'm Suing: Artists' Copyright Claims over the Trump Campaign's Use of Their Music and What Some Courts Have Ruled In Similar Instances
October 01, 2024
Artists protesting the use of their music in political campaign settings and threatening to sue has been in the news a lot this election season. This article provides a refresher on the smattering of notable decisions as well as a look at the latest in the lawsuit by the estate of Isaac Hayes over the Trump campaign's use of the classic soul song "Hold On, I'm Coming."
IP News
October 01, 2024
'Polaroid' and Online Self-Promotion: A Cautionary Tale
LJN Quarterly Update: 2024 Q3
October 01, 2024
The LJN Quarterly Update highlights some of the articles from the nine LJN Newsletters titles over the quarter. Articles include in-depth analysis and insights from lawyers and other practice area experts.

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