Intellectual Property

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.

Checking It Twice: Verify Facts and Arguments on Prior Art to Avoid Inequitable Conduct in Patent Prosecution

A recent federal court case that found an inventor engaged in material misconduct in an attempt to deceive the USPTO reveals several ways attorneys can avoid behavior resulting in such a finding, including verifying facts and arguments on prior art.

Internal Procedures And Third Party Agreements Under The AIA

The passage of the America Invents Act, and with it the advent of “first-to-file,” has introduced a new wrinkle into […]

Patent Suit Filed By Microsoft Co-Founder Revived

A patent lawsuit pitting Microsoft co-founder Paul Allen against AOL, Apple, Google and Yahoo was partially revived this week The […]

Foreign Regulators Press FTC To Increase EU Safe Harbor Violation Charges

Under pressure from European regulators, the FCC is likely to continue increasing enforcement actions under the European Union’s Privacy Directive […]

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