Intellectual Property

Commercial Disparagement An Increasing Concern In The Age Of Social Media

As brands expand their social media presence, where light-hearted “smack talk” can be encouraged, even rewarded, instances of commercial disparagement are likely to rise. A Massachusetts court’s ruling may make it easier to bring such cases.

There is only one Lord of the (Olympic) Rings…but then there was Sochi

Images of the Olympic logo at the Sochi opening ceremonies, missing one of the five rings due to a mechanical failure, may be acceptable to use on clothing and in advertisements as the US Olympic Committee’s trademark specifically notes five rings.

Pandora Lawsuit Could Overhaul Music Industry Royalty Scheme

A lawsuit between music streaming service Pandora and the two largest music publishing firms in the world could be the […]

Calif. Brewer Anchor Steam Sues East Coast Brewer Over Trademark

San Francisco’s Anchor Steam Brewery had been seeking to assert its trademark rights against City Steam Brewery, a Connecticut beer-maker, […]

Alternative Damages Theories in Patent Cases

The most common type of damages award in a patent case is a straightforward royalty based on sales of the […]

Inventing a Generic Category Name

MillerCoors may have invented “lite” beer – as a recent ad campaign promotes – but the words “lite” and “light” were considered too generic for a registered trademark.

Recent Ruling May Put Dent In Ability of Government to Seize Domain Names

Federal prosecutors may have more trouble seizing defendant companies’ domain names – an increasingly popular tactic – after a U.S. District Court ruled it is not considered property.

Federal Circuit Partially Confirms Longer Patent Terms Under Exelixis and Novartis

Patent owners may be entitled to extended patent terms, the U.S. Court of Appeals for the Federal Circuit ruled in a case of particular significance to pharmaceutical, biotech, and medical device patents where extending patent life can result in significant additional revenue.