'Buckyballs' Lawsuit May Limit Use of Celebrity Name
December 21, 2012
Advertisers and marketers should watch <i>The Estate of Buckminster Fuller v. Maxfield & 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.
In the Marketplace
December 21, 2012
Highlights of the latest equipment leasing news from around the country.
Impact of Private Equity on Franchising
December 21, 2012
As 2013 begins, franchising is being transformed by major investments in franchise systems by private equity funds. <i>FBLA</i> asked leading franchise attorneys how they see private equity affecting the industry, and their responses reflect widespread optimism that these investors are bringing much more than (the widely appreciated) funding that can fuel franchise expansion.
Equipment Finance Sector Expected to Surpass $740 Billion in 2013
December 20, 2012
U.S. businesses and government agencies will finance more than $742 billion in equipment acquisitions in 2013, according to the <i>U.S. Equipment Finance Market Study 2012-2013</i>, recently released by the Equipment Leasing & Finance Foundation.
A Lessee's Guide
December 20, 2012
At this time of year, CFOs are scrutinizing the available forms of funding to determine the most efficient way to satisfy their space, equipment and technology needs, and keep their organizations performing at their competitive best financially and operationally.
Enforcement of Article 9 Security Interests
December 20, 2012
The last few years have been witness to a huge uptick in the number of Article 9 debtors attacking the procedural and substantive aspects of the recovery and sale of collateral. This trend has generated some new and significant case law, and serves as a reminder to secured creditors of the importance of having a good working knowledge of the law regarding the enforcement of Article 9 security interests