Law.com Subscribers SAVE 30%

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

Search

We found 1,281 results for "The Intellectual Property Strategist"...

'Buckyballs' Lawsuit May Limit Use of Celebrity Name
December 21, 2012
Advertisers and marketers should watch <i>The Estate of Buckminster Fuller v. Maxfield &amp; Oberton Holdings, LLC</i> closely to see what limits may exist on their use of a name that has ties to a celebrity as well as a separate object.
Return of the Undead: Golan v. Holder and the Public Domain
December 21, 2012
A recurring issue in intellectual property law is the possibility of establishing rights in subject matter from the public domain and drawing the boundaries between what is public and private. The issue arose in one guise in <i>Golan v. Holder</i>, 132 S.Ct. 873 (2012), which upheld the constitutionality of the Uruguay Round Agreements Act (or, informally, Copyright Restoration Act), granting U.S. copyright protection to certain works that had passed into the public domain in the United States, but which were still protected in their country of origin.
Preissuance Submission Strategies for Patent Prosecution and Litigation
December 21, 2012
Under the Leahy-Smith America Invents Act, several new mechanisms allow third parties to challenge patent applications and patents. Among these is a new preissuance submission procedure by which members of the general public may submit prior art believed to be relevant to a pending patent application.
IP News
November 29, 2012
Highlights of the latest intellectual property news from around the country.
Trademarking Athletes' Names and Slogans
November 29, 2012
If recent trends are any indication, athlete-related trademarking activity promises to keep increasing.
Protecting Reality TV Formats
November 29, 2012
The nature of reality television programs is a relatively modern concern and &mdash; like reality itself &mdash; doesn't lend itself well to copyright protection.
Contracting Away a Controversy: Nike v. Already LLC
November 29, 2012
In a case that could have important ramifications for trademark owners, as well as owners of other intellectual property and infringing defendants, the U.S. Supreme Court on Nov. 7, 2012, heard oral argument in <i>Already LLC v. Nike, Inc.</i> The case revolves around under what circumstances a covenant not to sue can defeat jurisdiction.
IP News
November 02, 2012
Highlights of the latest intellectual property news from around the country.
Policing Trademark Rights and the Problem Posed By Bullying
November 02, 2012
Overly aggressive enforcement of trademark rights by high-profile brand owners can lead to consumer backlash when such enforcement is perceived as "trademark bullying" of the "little guy." Such enforcement efforts have grown increasingly hazardous during the era of Internet blogging and social networking.
Seventh Circuit Protects Trademark Licensees in Bankruptcy Court
November 02, 2012
The Seventh Circuit has now adopted the conflicting view that ' 365(n) of the Bankruptcy Code does not affect trademark licenses in one way or another and that <i>Lubrizol Enterprises, Inc. v. Richmond Metal Finishers, Inc.</i> was incorrectly decided.

MOST POPULAR STORIES

  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
    Read More ›
  • Meet the Lawyer Working on Inclusion Rider Language
    At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers &amp; Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.
    Read More ›