Robert Bosch LLC v. Pylon Mfg. Corp.
        
      December 21, 2011
    
 <i>Robert Bosch LLC v. Pylon Mfg. Corp.</i>, is an important decision that abolishes the presumption of irreparable harm in the context of injunctive relief for patent infringement. The case is also important because the Federal Circuit instructs that courts must still consider "the fundamental nature of patents as property rights granting the owner the right to exclude" when determining whether to issue an injunction.
 
        Can We Talk?
        
      December 21, 2011
    
 A newly expanded Patent Office program makes it easier to talk to the examiner prior to initial examination. The heart of the program is an "Examiner Interview" that takes place before the examiner issues a first official action, which allows the examiner and patent applicant to discuss the application, identify allowable patent claims, and shave months or years off of the time from filing of an application to receipt of an issued patent.
 
        .XXX General Availability Period: A Green Light to Block Red Light Domain Names
        
      December 21, 2011
    
 Now is the time for trademark, domain name and brand owners to purchase .XXX domains to pro-actively race to stake a claim in their brand ' if only as a defensive measure to prevent other domain owners from registering/using their name in a .XXX context. In the event that yours wasn't the first hand to pull the trigger in the .XXX domain name shoot 'em up, what are the ramifications of having your mark incorporated into an active .XXX domain?
 
        IP News
        
      November 29, 2011
    
 Highlights of the latest intellectual property news from around the country.
 
        Re-registration of Current Domain Name By New Owner Not ACPA 'Registration'
        
      November 29, 2011
    
 The Ninth Circuit has now concluded that the Anticybersquatting Consumer Protection Act does not apply to a domain name that is first registered prior to the time the trademark at issue becomes distinctive, even if the domain name is later re-registered by a new owner. However, the Ninth Circuit also held that the ACPA can apply to new domain names registered by the new owner after the mark acquires distinctiveness.
 
        Using Consumer Surveys to Prove Patent Infringement Damages at Trial
        
      November 29, 2011
    
 Though long used in trademark, false advertising, and antitrust cases, the use of consumer surveys in patent cases is a relatively recent phenomenon. Counsel responsible for managing patent litigation should understand the potential role that survey evidence can play at trial.
 
        IP News
        
      October 28, 2011
    
 Highlights of the latest intellectual property news from around the country.
 
        Bd. of Regents of The Univ. of Wis. v. Phoenix Int'l. Software, Inc.
        
      October 28, 2011
    
 By challenging the Trademark Trial and Appeal Board's decision to cancel its trademark registration for "CONDOR," the state of Wisconsin unintentionally waived its sovereign immunity and opened itself to a suit for trademark infringement by Phoenix International Software, Inc.
 
        Seeing Red: The Reemergence of Aesthetic Functionality
        
      October 28, 2011
    
 Although some will see new threats to trademark owners and the licensing industry and others will see new opportunities, trademark owners using creative designs will surely take notice of two decisions this summer: <i>Fleischer Studios Inc. v. A.V.E.L.A. Inc.</i> and <i>Christian Louboutin SA v Yves Saint Laurent America, Inc.</i>