A major point of confusion in copyright law is distinguishing between what constitutes an unauthorized derivative work and what constitutes fair use of an underlying work. Read this practice note to gain insight on the analysis. This practice note also discusses...
Review the key legal and business issues in a trade book publishing contract. This practice note, written by expert author Connie J. Mableson, addresses important provisions including copyright ownership, the author's grant of rights, term, advances and royalties...
Patent marking plays a critical role in providing constructive notice to potential infringers and protecting a patent owner's ability to recover damages for infringement. Dive into this practice note to understand and implement effective patent marking practices...
Review this practice note for guidance on advising private companies that are contemplating technology transfer deals with institutions or university personnel. Read now » Related Content Works Made for Hire Check out this practice note for a discussion...
The casting director is among key below-the-line personnel working on the production of a motion picture. Review this template agreement between a casting director and producer of an independent film for guidance and drafting notes on the key terms and conditions...
Review this checklist providing recommended considerations for copyright litigants negotiating a stipulated protective order. This quick reference covers requesting a protective order, timing, confidentiality, filing procedures, use of experts, inadvertent disclosure...
Brush up on statements of law concerning enablement requirement, a fundamental principle in patent law that ensures the disclosure of an invention in a patent application is sufficiently clear and comprehensive to allow a person skilled in the relevant art to make...
Learn the fundamentals of the Hatch-Waxman Act with this eight-video series covering the drug approval process, patent litigation scheme, safe harbor for drug development activities and patent term extensions under the Act, and the legislative history and purpose...
Use this template to draft a purchase and license agreement governing the relationship between a creator and buyer of a non-fungible token (NFT) sold through a recognized, public, third-party marketplace. Read now » Related Content Smart Contracts...
Review this quick reference checklist to understand considerations for initial disclosures in copyright litigation. Learn best practices for preparing and serving the initial disclosures required by Fed. R. Civ. P. 26(a), including timing, witnesses, document categories...
The Federal Circuit’s recent decision in LKQ Corp. v. GM Global Technology Operations LLC changed the standard for finding obviousness in design patent cases throwing out the long-standing Rosen-Durling test and holding that the standard for utility patents...
Check out this practice note for guidance on the International Trade Commission’s (ITC) "injury" requirement, an element of proof required for Section 337 ITC investigations of unfair acts concerning non-statutory causes of action, such as misappropriation...
Preparing an identification of goods and/or services for a trademark application for blockchain, cryptocurrency, non-fungible tokens (NFTs), or virtual goods? This chart lists identifications from the United States Patent and Trademark Office (USPTO) Acceptable...
Interested in fashion law? This practice note by Fross Zelnick partner Tamar Niv Bessinger covers the use of trademark, trade dress, copyright, and design patent law to establish, protect, and enforce the rights of clients in the fashion business. Read now »...
Prepare for your TTAB trial with ease with this template pretrial disclosure document for plaintiffs (opposer/petitioner) in a TTAB proceeding. At the TTAB, a party serves pretrial disclosures prior to the opening of its testimony period, with the purpose of advising...