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Cybersecurity: What You Need to Know and Do to Avoid a Breach
We are fast approaching the second anniversary of the enactment of the European Union General Data Protection Regulation (GDPR), yet businesses are still dragging their [...]
Buchanan Ingersoll & Rooney Seeks Electrical Patent Associate
Buchanan Ingersoll & Rooney has an immediate opening for an Electrical Patent Associate with at least 3-5 years of experience in Blockchain and distributed ledger [...]
EPO exams: to change or not to change?
With the qualification process for UK attorneys being reviewed, lawyers in France, Germany and the UK ask whether the European system also needs an overhaul [...]
You Own It, Now What Are You Going to Do with It? – Why Trade Secrets Are Treated Like Property: Part 2
In last month’s post, Part 1 of this series, we considered the view of European academics that trade secrets are not “intellectual property” because they [...]
Fed. Circ. Skeptical ID Theft Patents Wrongly Axed Under Alice
Mantissa Corp. faced a steep climb at the Federal Circuit Tuesday in trying to persuade the court to undo a district court decision invalidating two [...]
Gov’t Bid To Undo Arthrex-Based Remand Flops At Fed. Circ.
The full Federal Circuit has left in place a panel decision vacating the Patent Trial and Appeal Board’s invalidation of a technology licensing company’s patent, [...]
Chevron, Sariel Await Jury’s Decision In $3M Trademark Case
No verdict was returned Tuesday in the trademark infringement lawsuit Chevron brought against Sariel Petroleum LLC, accusing the smaller company of pretending it was affiliated [...]
Vereins May Come Into Crosshairs With $32M Dentons Verdict
A recent $32 million verdict against Dentons could spur law firms and regulators to rethink whether a BigLaw behemoth organized as a verein should be [...]
Fed. Circ. Won’t Rehear Partial Ax Of Horizon Arthritis Drug IP
A divided Federal Circuit on Tuesday declined to revisit a ruling that struck down parts of Horizon’s patents for its arthritis drug Pennsaid, drawing a [...]
Texas PI Firm Says Referral Website Violates Trademarks
A Dallas-area personal injury law firm has accused an attorney referral website of manipulating search engine results to steal potential clients who searched for the [...]
Atty Sued By Wyndham Agrees To Quit Timeshare Exit Biz
Wyndham Vacation Ownership Inc. and an attorney accused of running a bogus timeshare exit scheme have jointly asked a Florida federal judge to approve a [...]
Fed. Circ. Upholds Sony’s PTAB Win On Imaging Patent
The Patent Trial and Appeal Board rightly found that Collabo Innovations Inc. waived the right to fight a certain claim construction before invalidating the company's [...]
Google Weighs In On Whether Servers Are ‘Agents’ For Venue
Google has hit back at arguments that its servers qualify as agents in the Eastern District of Texas for patent venue purposes, saying that the [...]
Patentees Should Consider Alternatives To IPR Amendments
Although data indicates that inter partes review amendment proceedings are the go-to option to save challenged patents, their relatively low success rates should prompt patent [...]
Nike Calls Trademark Ad Ban ‘Restraint On Speech’
Nike Inc. is urging a federal appeals court to undo a trademark ruling that forced the company to halt an ad campaign centered on the [...]
Four Judges Dissent from CAFC Denial of Rehearing in Generic Osteoarthritis Drug Case
The U.S. Court of Appeals for the Federal Circuit (CAFC) today denied HZNP Medicines LLC’s (Horizon’s) request for rehearing in HZNP Medicines LLC v. Actavis [...]
Drug Approval Law Will Likely Deter Pharma Delay Tactics
The Creating and Restoring Equal Access to Equivalent Samples Act that Congress recently enacted should effectively discourage pharmaceutical companies from delaying lower-cost generic and biosimilar [...]
Phanatic Creators Slam Team’s Mascot Redesign Amid IP Suit
After the Philadelphia Phillies unveiled a slightly redesigned version of the Phillie Phanatic over the weekend, the famed mascot’s creators slammed the team Tuesday for [...]
Discrimination Cases Are Too Complex For AI Fee Prediction
A recent Law360 guest article criticizing the New Jersey Supreme Court’s ruling in Balducci v. Cige overlooks the intricate nature of discrimination cases, which renders [...]
Insurer Needn’t Defend Conflict Training Firm In TM Fight
A Wisconsin appeals court on Tuesday affirmed that Cincinnati Specialty Underwriters Insurance Co. doesn’t have to cover costs for conflict management training firm Vistelar LLC [...]
Fresenius Loses ‘Unduly Speculative’ Generic Drug Row
A New Jersey federal judge Tuesday tossed Fresenius Kabi’s antitrust suit against Par Pharmaceuticals, which alleged that the drug ingredient maker blocked it from marketing [...]
PNY Urges Full 3rd Circ. To Rehear $2.2M IP Royalty Dispute
Flash memory maker PNY Technologies said Monday the full Third Circuit should rehear its appeal after a panel refused to “second-guess” a New Jersey arbitrator’s [...]
Amici Back Booking.com in Supreme Court Case Against USPTO
As argument nears in the Supreme Court battle between Booking.com and the United States Patent and Trademark Office (USPTO), 12 parties have now filed amicus [...]
Small Data Storage Company Seeks Patent Sales Rep
A small data storage startup company is looking for an experienced sales rep to work on agreed upon basis to sell valuable portfolio of data [...]

Vodka Wars: KWM, SPI Group Wins Long-Running Stolichnaya Trade Mark Case

King & Wood Mallesons, in a 15-year trade mark case, has successfully defended its client, SPI Group (‘SPI’) in relation to ownership of the Stolichnaya brand name in Australia. The proceedings concerned the ownership of trade marks of the well-known brands of the Russian vodka including the famous Stolichnaya trade mark. The proceedings commenced in […]

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Is “Innocent” Copyright Infringement a Defence to Copyright Infringement?

Copyright is a form of legal protection automatically provided to the authors or creators of original works. Copyright protection is a very inclusive IP right in intangible property and protects the expression of creative matter. It applies to works that are literary, musical, dramatic, choreographic, photographic, architectural and artistic. Copyright protection only applies to tangible […]

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Intellectual Property in the Workplace: to whom does it belong?

In the Information Age, intellectual property is a very valuable asset of your business. Most successful businesses, large and small, are built on intangible assets or IP. Intellectual property can be in the form of a copyright, for example, a short story or a drawing, a patent for an invention, or a trademark for a […]

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How Much does it Cost to Register a Trade Mark in Australia?

Trade marks play a vital role in your business. A trade mark is a sign that identifies your business as the provider of goods or services in the market. IP is a valuable business asset in the online world. It  is up to you to identify your IP assets and stop others from using your […]

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Websites and Copyright

When you are building a website to advertise and promote the supply of your goods or services, it is important to keep your intellectual property rights and the intellectual property rights of others. Copyright Issues Copyright does not protect ideas, but rather the material form in which the ideas are expressed. The component parts of […]

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The Art of Writing Contracts in Plain English

Why can’t lawyers write in plain English? Why do lawyers like to overcomplicate things? Why do they tend to use hard-to-comprehend outdated terms in contracts? These are the questions often asked by the ordinary person trying to comprehend the pitfalls of excessive ‘business-speak’. Plain English is never muddled or confused. English that is clear and […]

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Trade Mark Symbols and How to Use Them

Using trade mark symbols is important to help identify your mark as being owned by you. It is not a requirement to use trade mark symbols in connection with your brand but it put competitors on notice that you take your intellectual property rights seriously and will enforce those rights. The ®, ™ and SM […]

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Key Considerations Before Applying for a Design Registration

You work in an industry where design innovation is important, for example, clothing furniture or jewellery. Perhaps you also have a new and distinctive design that you do not want others to copy. In order to protect your design, you need to register it with IP Australia in order to obtain design law protection. As […]

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How Long Does It Take To Register A Trade Mark in the United States?

You can register intellectual property rights in the United States for patents, designs, trade marks and copyright. The United States Patent and Trade Marks Office (USPTO) is a federal agency of the United States government responsible for the grant of intellectual property rights. In fulfilling this function, the USPTO fulfills the mandate of Article 1, […]

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IP Law Update: Intellectual Property for T-Shirts

The popularity of the t-shirt skyrocketed after Marlon Brandon wore one in “A Streetcar Named Desire”. The modern t-shirt started out as slip-on undergarment and then leveled up to casual clothing because it was easily fitted, comfortable, and inexpensive. Today, the humble “tee” has remained popular not only as casual wear but also as a […]

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