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The Effect of Utility Patents on Trade Dress Protection Claims

The Seventh Circuit's recent decision in <i>Specialized Seating v. Greenwich Industries, L.P.</i>, highlights several important considerations that are often overlooked by counsel representing clients who claim trade dress rights in product designs. Paramount among those considerations is the effect that claims in a utility patent can have on the availability of trade dress protection.

Therasense and the Doctrine of Inequitable Conduct

Perhaps signaling an interest in revisiting the doctrine in its entirety, in April 2010, the Federal Circuit asked for briefing on six questions regarding the defense of inequitable conduct to patent infringement.

Inevitable Disclosure Need Not Be Inevitable

The doctrine of inevitable disclosure is a crucial tool to protect companies from perfidious former employees and is no threat to the honest ones ' if properly applied. A look at <i>Bimbo Bakeries USA, Inc. v. Botticella</i>

October issue in PDF format

IP News

Highlights of the latest intellectual property news from around the country.

Patent Re-examination

This article explores strategy considerations for the use of parallel patent re-examination proceedings as a tool in patent litigation.

Strategies for Allocating Long-Term Value in Fashion and Apparel License Agreements

One of the most vexing economic issues in fashion and apparel licensing deals is the task of allocating the long-term value of a branded product launch.

Brand Considerations When Launching Mobile Phone Apps

Prior to launching Apps on smartphone devices, it is advisable that brand owners pause — even if momentarily — to consider the new trademark and related legal issues that this new medium presents.

League Impact on the Sports Team Bankruptcy Process

As more beleaguered team owners seek refuge in bankruptcy proceedings, the resulting clash of league interests with fundamental principles of bankruptcy law will result in the development of novel legal and practical solutions for financially distressed sports franchises.

September issue in PDF format

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When Is a Repair Structural or Nonstructural Under a Commercial Lease?
A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."
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Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of Licensee
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."
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Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
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Recently Introduced Bill Would Limit ITC 'Domestic Industry by Subpoena'
Patent infringement disputes in the United States are not only heard in district courts. The U.S. International Trade Commission (ITC) also decides high-stakes intellectual property disputes — with the remedy for the IP rights holder not being damages, but rather an exclusion order that can block a competitor's importation of infringing articles into the U.S. That remedy can be incredibly powerful for companies engaged in stiff competition in the U.S. market.
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