Intellectual Property

USPTO Promotes Patent Litigation Toolkit

An assessment of the USPTO’s recently released “litigation toolkit,” which Courtenay C. Brinckerhoff with Foley & Lardner LLP suggests may lead some inexperienced persons to act without the help of an attorney.

Artist’s Infringement Claims Against ‘Avatar’ Director Fall Short

A Court found that artist William Roger Dean did not create a convincing argument that director James Cameron stole imagery […]

Effect Of Foreign Patent Proceedings On U.S. Patent Litigation

Care should be taken in foreign patent prosecution, as it is likely to be monitored and considered by opponents in U.S. litigation, and there may be an effort to introduce into evidence some aspect of the foreign proceedings.

Seventh Circuit Criticizes Second Circuit’s “Transformative Use” Approach to Fair Use

The Seventh Circuit issued the first Circuit-level critique of Cariou v. Prince, creating a noteworthy Circuit split on the correct application and significance of a work’s “transformative use” on the fair use inquiry.

Will Montana-Based Victory Energize Win Its “Trademark Bully” Charge Against Monster?

When Monster energy drink sent Victory Energize a cease-and-desist letter, Victory went on the offensive, painting Monster as a “trademark bully” and asking a Court to dismiss, and award legal fees. Steve Baird of Winthrop & Weinstine, P.A. outlines the case, and examines whether “bully” is an appropriate claim.

Situation And Progress Report From the USPTO

A high-ranking U.S. Patent and Trademark Office official was in Geneva this week for a meeting of the World Intellectual […]

Graffiti Artists Charge ‘Infringement’ Against Companies That Use Their Work

Street artists whose outdoor murals have been used as background for retail ads or re-created on film sets have lawyered […]

SCOTUS June Patent Decision Already Impacting Appeals Court Rulings

An appeals court recently threw out rulings that would have awarded Patent licensing firm VirnetX Holding Corp. millions in damages […]

New Copyright Compendium Provides Some Answers For Website Owners

The Copyright Office’s Copyright Compendium, effective Dec. 2014, includes helpful guidance regarding website and website content, including authorship of a site, though Mark Sableman with Thompson Coburn LLP says other notable areas – fair use and implied license – are nearly ignored.

Misappropriation of Trade Secrets Warrants an Ongoing “Reasonable Royalty”

The U.S. District Court for the Eastern District of Texas turned to patent law for guidance in assessing post-verdict royalty fees to compensate damage resulting from trade secret misappropriation.