In June, the United States Supreme Court issued a decision that may fundamentally change the way damages are awarded in patent infringement lawsuits. In Halo Electronics, Inc. v. Pulse Electronics, Inc., 136 S. Ct. 1923, 1932 (2016), Chief Justice Roberts criticized a standard that allowed, “the ‘wanton and malicious pirate’ who intentionally infringes another’s patent” to avoid enhanced damages if
October and Halloween are times for scary creatures like witches, werewolves, ghouls, ghosts, vampires and the latest rage … zombies! We are about to embark on Season 7 of the extremely popular TV series, “The Walking Dead.” Over the years, there have been a plethora of zombie-themed films, such as “Dawn of the Dead” (1978 / 2004), “Army of Darkness”
“#What?” That’s what many of us lawyers who were not weaned on the Internet actually think when we see a hashtag (the “#” symbol immediately followed by a word or phrase with no spacings). Actually, only the “What?” registers with some of us. Th e # symbol oft en causes a mental block to many over the age of 50.
The Internet was started by academicians as an information exchange program – a new frontier in communications. Initial users were pioneers; few in number and few rules were needed for conduct. Similarly, western expansion in the United States involved pioneers, specifically mountain men with few rules required to guide these self-sufficient individuals. In each case, as time passed the number
Who owns an invention (and the patent rights to it)? For a business owner seeking product exclusivity, ownership of the intellectual property rights for that product may be quite valuable. In the United States, we start with the premise that initially, the “inventor” owns an invention. However, the product development process from conception to production and then to sale doesn’t
Collectively, we mourn the tragic passing of one of the greatest musicians/performers of our time and one of the greatest guitarists of all time. Prince’s songs, especially “Purple Rain,” have been and continue to be performed endlessly by others. Cover songs are easily found on websites, such as YouTube. Are there copyright issues in such postings? An Example Your client
Effective brands immediately convey impressions to the consumer about that product based on prior experiences with the product, advertising, or word of mouth exchanges (and now, of course, “word of mouth,” ironically – and powerfully – means social media conversations more than actual face-to-face interactions). Accordingly, your client’s brand is the face of that client’s reputation among its consuming public.
Seventy years ago, Congress agreed on comprehensive federal trademark legislation that, for the most part, still exists today. This 1946 law is commonly referred to as the Lanham Act See 15 USC 1051. Collectively, we’ve been practicing trademark law for about as long as this statute is old, but it’s important to know that the Lanham Act is not the
Your client calls to tell you they’ve developed this extraordinary new product concept and wonders how it can be protected (i.e., how can we keep competitors from offering the same thing?). You realize right away that this might be achieved by patent protection, but what possible value, exactly, does a patent provide? Exclusion Owning a patent doesn’t confer the patent
“ Numerous trademarks and copyrights protect a good part of our Valentine’s Day commercialism and one particular image now associated with Valentine’s Day is a character named Betty Boop.” “Betty Boop’s history is rife with controversy, particularly in regard to the intellectual property rights to her name and image.” February is the month for lovers, relationships and maybe making long-term
In June, the United States Supreme Court issued a decision that may fundamentally change the way damages are awarded in patent infringement lawsuits. In Halo Electronics, Inc. v. Pulse Electronics, Inc., 136 S. Ct. 1923, 1932 (2016), Chief Justice Roberts criticized a standard that allowed, “the ‘wanton and malicious pirate’ who intentionally infringes another’s patent” to avoid enhanced damages if
October and Halloween are times for scary creatures like witches, werewolves, ghouls, ghosts, vampires and the latest rage … zombies! We are about to embark on Season 7 of the extremely popular TV series, “The Walking Dead.” Over the years, there have been a plethora of zombie-themed films, such as “Dawn of the Dead” (1978 / 2004), “Army of Darkness”
“#What?” That’s what many of us lawyers who were not weaned on the Internet actually think when we see a hashtag (the “#” symbol immediately followed by a word or phrase with no spacings). Actually, only the “What?” registers with some of us. Th e # symbol oft en causes a mental block to many over the age of 50.
The Internet was started by academicians as an information exchange program – a new frontier in communications. Initial users were pioneers; few in number and few rules were needed for conduct. Similarly, western expansion in the United States involved pioneers, specifically mountain men with few rules required to guide these self-sufficient individuals. In each case, as time passed the number
Who owns an invention (and the patent rights to it)? For a business owner seeking product exclusivity, ownership of the intellectual property rights for that product may be quite valuable. In the United States, we start with the premise that initially, the “inventor” owns an invention. However, the product development process from conception to production and then to sale doesn’t
Collectively, we mourn the tragic passing of one of the greatest musicians/performers of our time and one of the greatest guitarists of all time. Prince’s songs, especially “Purple Rain,” have been and continue to be performed endlessly by others. Cover songs are easily found on websites, such as YouTube. Are there copyright issues in such postings? An Example Your client
Effective brands immediately convey impressions to the consumer about that product based on prior experiences with the product, advertising, or word of mouth exchanges (and now, of course, “word of mouth,” ironically – and powerfully – means social media conversations more than actual face-to-face interactions). Accordingly, your client’s brand is the face of that client’s reputation among its consuming public.
Seventy years ago, Congress agreed on comprehensive federal trademark legislation that, for the most part, still exists today. This 1946 law is commonly referred to as the Lanham Act See 15 USC 1051. Collectively, we’ve been practicing trademark law for about as long as this statute is old, but it’s important to know that the Lanham Act is not the
Your client calls to tell you they’ve developed this extraordinary new product concept and wonders how it can be protected (i.e., how can we keep competitors from offering the same thing?). You realize right away that this might be achieved by patent protection, but what possible value, exactly, does a patent provide? Exclusion Owning a patent doesn’t confer the patent
“ Numerous trademarks and copyrights protect a good part of our Valentine’s Day commercialism and one particular image now associated with Valentine’s Day is a character named Betty Boop.” “Betty Boop’s history is rife with controversy, particularly in regard to the intellectual property rights to her name and image.” February is the month for lovers, relationships and maybe making long-term
