Section Newsletters

Articles on Intellectual Property

Legal wrinkles in sponsored links By Steven L. Baron & William Beattie Intellectual Property, March 2006 Like everyone else schooled in a brick-and-mortar world, trademark attorneys and the courts are struggling to apply decades-old trademark law principles to the universe of the World Wide Web.
When to file for Federal trademark registration By Justin Lampel Intellectual Property, March 2006 It is a common misconception that having a business name approved by the Secretary of State’s Office provides trademark rights
Charity solicitation confusion By Daniel Kegan Intellectual Property, December 2005 The Lanham Act may be the major statute regulating trademarks, banning unfair competition, and dealing with consumer confusion, but there are many other relevant laws.
Corporate assumed name basics By Jodi K. Plagenz Intellectual Property, December 2005 What if a corporation, for marketing or other business purposes, decides to use a name other than its legal name without making it ‘official’?
Gripers 1, Initial Interest Confusion 0—Lamparello v. Falwell By Eric Goldman Intellectual Property, October 2005 Following on the Ninth Circuit Bosley (No. 04-55962, 9th Cir. Apr. 4, 2005) opinion from earlier this year, gripe sites won another important victory in the Fourth Circuit.
Stoller strikes out: Attorney fees and cancellation against frequent litigant By Daniel Kegan Intellectual Property, October 2005 Trademark law is founded on protecting the consumer from source confusion and buying the wrong goods and services.
Corporate assumed name basics By Jodi K. Plagenz Corporate Law Departments, September 2005 You heard it in your high school freshman literature class and hundreds of times since: Juliet speaks this line, intent on convincing Romeo that his last name means nothing to her. “What’s in a name? That which we call a rose by any other name would smell as sweet.”
Copyright in the digital age By Peter LaSorsa Corporate Law Departments, July 2005 In the information age the risk of infringing another's copyright protected work has never been higher.
The World Intellectual Property Organization publishes its analysis of domain name dispute trends By Pradip K. Sahu International and Immigration Law, July 2005 On March 23, 2005, the Arbitration and Mediation Center of the World Intellectual Property Organization ("WIPO") released an informative publication regarding the Uniform Domain Name Dispute Resolution Policy ("UDRP").
The Supreme Court plants an idea-All life forms are patentable! And farmers get the short end of the stalk. Part I: The decision By Eugene F. Friedman Intellectual Property, June 2005 The U.S. Supreme Court, in the case of J.E.M. Ag Supply Inc. v. Pioneer Hi-Bred International Inc., 60 USPQ2d 1865 (U.S. 2001), decided that plants constitute proper subject matter for utility patents under 35 U.S.C. § 101.
The Computer Fraud and Abuse Act: A new weapon in the trade secrets litigation arena By Daniel J. Winters & John F. Costello, Jr. Intellectual Property, April 2005 Businesses often face the threat of a disgruntled or conniving departing employee stealing trade secrets or other confidential business information in the period preceding his resignation.
Another perspective on the translation industry By Felix Stungevicius Intellectual Property, January 2005 Qualified professional Translators can be described as members, some of them on the forefront, of what is commonly referred to as the Knowledge Industry.
KP Permanent Make-Up, Inc. v. Lasting Impression: The U.S. Supreme Court puts fairness back into fair use By Steven L. Baron & Kristin L. Lingren Intellectual Property, January 2005 On December 8, 2004, the United States Supreme Court shook up the law of trademarks by resolving a split in the U.S. Circuit Courts of Appeal concerning the classic "fair use" defense and related burdens of proof.
Political trademarks: Intellectual property in politics and government By Daniel Kegan Local Government Law, January 2005 Confusion, deception, and mistake are generally unlawful in marketing campaigns. 14 USC § 1125 (a) [Lanham Act § 43(a)].
A translation industry primer By Grace Leonard Intellectual Property, January 2005 In many respects, the world has become the global village Marshall McLuhan wrote about in 1967.
Political trademarks: Intellectual property in politics and government By Daniel Kegan Intellectual Property, October 2004 Confusion, deception, and mistake are generally unlawful in marketing campaigns. 14 USC § 1125 (a) [Lanham Act § 43(a)].
IP notes Intellectual Property, June 2004 SUMMARY: Owners of motion pictures that have been published must submit copies of their movies to the Copyright Office for the Library of Congress to use and include in its collections.
KeganLaw art and film intellectual property checklist Intellectual Property, June 2004 As digital cameras and digital editing software, both still photography and movie, have become more user-friendly and less expensive, photos and films are sprouting on personal Web pages and school projects.
US and EU approaches to the antitrust analysis of intellectual property licensing: Observations from the enforcement perspective By Makan Delrahim June 2004 In today's world, whether firms are creators or consumers, intellectual property rights are crucial to performance. Intellectual property rights, whether copyrights, patents, or another legal form, are increasingly crucial to all sectors of the economy and continue to fulfill Thomas Jefferson's prophecy of providing the "fuel to the fire of ingenuity."
Short items Intellectual Property, February 2004 The State Justice Institute as part of the Court Technology Laboratory has established the inCounter E-filing Solution for electronic filing of court documents, .
What is the Madrid Protocol? Intellectual Property, February 2004 The Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (Madrid Protocol) is an international treaty that allows a trademark owner to seek registration in any of the countries that have joined the Madrid Protocol by filing a single application, called an "international application."
Obtaining international trademark protection via the Madrid Protocol By Sirat K. Attapit International and Immigration Law, January 2004 The international registration of trademarks is governed by the "Madrid System." The Madrid System is made up of two relatively similar treaties, the Madrid Agreement ("Agreement") and the Madrid Protocol ("Protocol").
Bankruptcy treatment of ipso facto clauses in intellectual property licenses By Beverly A. Berneman Intellectual Property, December 2003 Attorneys who insert an "ipso facto clause" into an intellectual property license hope to give their client an "out" in the event that the other party files a bankruptcy.
Coming to a state court near you! Could patent infringement matters really end up in state court? By Steven McMahon Zeller Intellectual Property, December 2003 Since the creation of the United States Court of Appeals for the Federal Circuit more than 20 years ago, it was taken for granted that an appeal in any patent litigation case could only be taken to that court.
Short items Intellectual Property, December 2003 The Copyright Office and the Patent and Trademark Office delivered a report, "The Vessel Hull Design Protection Act: Overview and Analysis," to Congress on November 3.
Trade secret train wreck: How “clickety-clack” transformed a simple idea into a protectable and profitable trade secret By Steven L. Baron & Kristin L. Lingren Intellectual Property, December 2003 A recent Seventh Circuit opinion suggests that in Illinois, a protectable trade secret may now encompass ideas conceived in an "intuitive flash of creativity" and developed with a monetary investment of less than $1.
Filing international trademark applications in the United States: Some basic considerations and resources for attorneys By Pradip K. Sahu International and Immigration Law, November 2003 On November 2, 2003, the United States Patent and Trademark Office (the "USPTO") began accepting trademark applications under the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks ("The Protocol").
Trademark protection in China: An overview By Pradip K. Sahu International and Immigration Law, September 2003 Many businesses in the United States see China as "the final frontier" because it is a rapidly developing nation with great potential for economic growth.
“Common Law” trademark protection in Japan? By Jiri M. Mestecky & Koya Uemura Intellectual Property, August 2003 There is a common misperception among intellectual property attorneys and businesspeople in "common law" countries, such as the United States, that "civil law" countries, such as Japan, France, Germany and others, provide little or no protection for unregistered trademarks.
Outline of three recent Supreme Court decisions on patent law (and more) By Eugene F. Friedman Intellectual Property, August 2003 I. Utility patents for plants--J.E.M. Ag Supply Inc. v. Pioneer Hi-Bred International Inc., 60 USPQ2d 1865 (2001)

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