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We found 1,293 results for "The Intellectual Property Strategist"...

Voda v. Cordis Corp.: Catheters Won't Relieve the Pressures Facing Injunction Seekers
October 28, 2008
After a successful willful infringement verdict, which subsequently resulted in treble damages, the issue of willful infringement may not yet be decided.
The TDRA Turns Two: But Are Trademark Owners Better Off?
October 28, 2008
Through the TDRA, Congress intended to clarify the standards of fame and dilution for trademark owners, but the courts have struggled to come up with a uniform application of these tests.
Has the Federal Circuit Strengthened Design Patent Protection?
October 28, 2008
In <i>Egyptian Goddess v. Swisa</i>, the Federal Circuit held that the "ordinary observer" test first set forth by the Supreme Court more than 100 years ago is the sole test for design patent infringement.
IP News
September 29, 2008
Highlights of the latest intellectual property news and cases from around the country.
Muniauction v. Thomson
September 29, 2008
The <i>Muniauction v. Thomson</i> decision illustrates the Federal Circuit's application of the Supreme Court's decision on obviousness in <i>KSR Int'l Co. v. Teleflex, Inc.</i> and confirms the Federal Circuit's own decision on "joint or divided" infringement in <i>BMC Resources, Inc. v. Paymentech</i>.
Lessons Learned from a Gum Licensing Agreement
September 29, 2008
More than a decade after the license agreement between The Topps Company and Stani expired, the question of who owns the rights to manufacture and distribute the original Bazooka' bubble gum formula in South America is still unresolved.
Six Strategies to Protect Clients Against IP Theft
September 29, 2008
This article outlines strategies for protecting clients against IP theft.
Defending Your Client's Domain Name
August 28, 2008
A company's domain name is often the most fundamental basis for trademark and branding efforts. Ideally, the choice of a domain name is made after conducting searches for potentially identical or confusing domains. But even if such due diligence is conducted, with the millions of domain names registered under the various extensions and country codes, it is not possible to guarantee that the domain name will not potentially conflict with someone else's trademark rights.
Use of Another's Trademark in Web Site Metatags
August 28, 2008
A metatag is a coding statement for a Web site in the Hypertext Markup Language that describes the site's content. The information provided in metatags can be used by search engines to determine Web page relevancy and to influence search results. In a surprising development, the U.S. District Court for the Eastern District of Wisconsin has determined that the use of metatags in Web site code does not create initial interest confusion, because current search engines no longer use metatags to determine the relative relevance of a Web site, preferring instead to use algorithms that rank the Web sites by the number of other sites that link or point to them.
Auction Web Site Off the Hook
August 28, 2008
At one time or another, every trademark holder must deal with infringement on the Internet. After years of chasing individual infringers, many brand owners seek relief from those who provide the means for infringement. Yet these efforts have had limited success, at least in the United States. In some jurisdictions, search engines have avoided liability for sales of trademarks as keywords, under the doctrine of non-trademark use.

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  • Internet Goods and Product Liability
    The Internet's value arises in part from its ability to provide images, data and content quickly and at little cost. This ability results from the fact that Internet products — whether they be images, data or content — are each reduced to a digital format. Sharing products that have been so reduced may result in product liability.
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  • Understanding the Potential Pitfalls Arising From Participation in Standards Bodies
    Chances are that if your company is involved in research and development of new technology there is a standards setting organization exploring the potential standardization of such technology. While there are clear benefits to participation in standards organizations &mdash; keeping abreast of industry developments, targeting product development toward standard compliant products, steering research and intellectual property protection into potential areas of future standardization &mdash; such participation does not come without certain risks. Whether you are in-house counsel or outside counsel, you may be called upon to advise participants in standard-setting bodies about intellectual property issues or to participate yourself. You may also be asked to review patent policy of the standard-setting body that sets forth the disclosure and notification requirements with respect to patents for that organization. Here are some potential patent pitfalls that can catch the unwary off-guard.
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