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Prosecuting Trademark Applications in the United States Patent and Trademark Office
Posted on 24 Jan 2008 by AME3bg

Careful planning and informed decision-making are the hallmarks of successful selection, adoption, and registration of trademarks and service marks. This paper outlines certain fundamental concepts of trademark law and specifically discusses the advantages... Read More

Trademark Searching
Posted on 24 Jan 2008 by AME3bg

What is a Trademark? A trademark can be anything that indicates the source of a product or service and distinguishes that product or service in the marketplace from those of others. Trademarks can be words, phrases, logos, smells, musical tones (the NBC... Read More

"Joint Infringement" Rejected by Federal Circuit
Posted on 25 Jan 2008 by AME3bg

In a recent decision, the Federal Circuit narrowed patent infringement claims based on a theory of "divided infringement," which is of particular importance in telecommunications, networking, Internet and software patent litigation. Read... Read More

Copyright in the Millennial Age
Posted on 29 Jan 2009 by LexisHub Staff

The ABA Journal has posted an excellent update on the battle over online copyright infringement and the safe harbor of the Digital Millennium Copyright Act. In particular, the post discusses the failure of the DMCA to meet the expansion in user-generated... Read More

Understanding Patent Law
Posted on 12 Mar 2009 by LexisHub Staff

"A patent is a right granted by the government that allows the patent owner to exclude others from practicing the invention during its term. This right is grounded in the U.S. Constitution, which has authorized Congress to create protection for inventive... Read More

Understanding Copyright Law
Posted on 9 Mar 2009 by LexisHub Staff

"In a surprisingly short period of time, the United States has evolved from an industrial to an information- and services-based society. Our postindustrial era is marked by rapid technological change in which our ability to reproduce and receive... Read More

The Constitutionality of Anti-Bootlegging Legislation
Posted on 8 Apr 2009 by David Nimmer

In an Emerging Issues Analysis, Professor David Nimmer offers a comprehensive examination of constitutional challenges to the anti-bootlegging provisions of the Uruguay Round Agreements Act: 17 U.S.C. § 1101, creating civil liability for bootlegging... Read More

Opposition Proceedings before the United States Patent & Trademark Office Trademark Trial and Appeal Board
Posted on 25 Jan 2008 by AME3bg

The Trademark Trial and Appeal Board ("Board" or "TTAB") currently consists of the Chief Judge and 18 Board members, referred to as Administrative Trademark Judges and 14 Interlocutory Attorneys, and support staff. The Board decides... Read More

The First Amendment, Non-Commercial Use, and Fair Use
Posted on 25 Jan 2008 by AME3bg

Fair use is a legislatively codified equitable doctrine designed to carve out certain exceptions to the copyright monopoly for the benefit of the public. 17 U.S.C. §107; see Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994). Fair use has traditionally... Read More

FREE EMERGING ISSUE ANALYSIS: Gilson LaLonde on Tiffany Ultimately Responsible for Protecting its Marks, So No Contributory Infringement by eBay for Sale of Counterfeit Goods: Tiffany, Inc. v. eBay, Inc.
Posted on 5 Feb 2009 by Anne Gilson LaLonde

Enormous online marketplace eBay is not liable for contributory trademark infringement, though listings on its site offer counterfeit silver Tiffany jewelry for sale, according to a judge in the Southern District of New York. eBay had refused to preemptively... Read More

FREE EMERGING ISSUES ANALYSIS: Bensen on the Federal Circuit's Landmark Decision Regarding the Patent Eligibility of Process Claims under 35 U.S.C. Sec. 101: In re Bilski
Posted on 6 Feb 2009 by Eric Bensen

In the following Emerging Issues Analysis, Eric Bensen, co-author of Milgrim on Licensing and Milgrim on Trade Secrets and a Visiting Assistant Professor of Law at Hofstra University School of Law, analyzes In Re Bilski regarding the patent eligibility... Read More

The Fundamentals of Trade Secret Law
Posted on 18 Jun 2008 by AME3bg

Trade secrets can be any type of information, process, idea or "know how" that is not generally known and gives the possessor an advantage in the marketplace. Trade secrets, therefore, include a wide range of confidential business information... Read More

Doing Business on the Internet: Avoiding Intellectual Property, Information Dissemination, and Consumer Protection "E-Commerce Liability"
Posted on 25 Jan 2008 by AME3bg

This Outline explores some of the principal liability issues which arise in connection with the conduct of E-commerce, particularly liability for violation of the intellectual property law and laws regulating the provision of goods and services to the... Read More

A Primer on Vertical Restraint Law Applied to Intellectual Property - Is Microsoft Really a Vertical Restraint Case?
Posted on 25 Jan 2008 by AME3bg

First and foremost, the antitrust treatment of intellectual property is not different from other types of property. The D.C. Circuit Court of Appeals succinctly underscored this point in the Microsoft case when analogizing Microsoft's ownership interest... Read More

Copyrights
Posted on 25 Jan 2008 by AME3bg

Copyright developed after the invention of the printing press as a means of protecting works of authorship. The United States Copyright Law derives from a constitutional grant to Congress to promote progress in science, knowledge and learning. Copyright... Read More