Business Organization Intellectual Property

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IP Licenses & Bankruptcy Laws (Part 1)

When a company goes through bankruptcy, it’s a process that can up-end all of the company’s contractual relationships. When that bankrupt company is a licensor of intellectual property, then the license agreement can be one...more

New Copyright Office Rule Creates Potential “Gotcha” for Blogs and Websites Hosting User-Generated Content

If your company operates a website or blog that hosts user-generated content, you’ll want to read this post carefully. We’re ringing the alarm bell on an important new U.S. copyright law development that, if ignored,...more

New DMCA Agent Registration Rules Essential to Section 512 Immunity

Recent copyright office rule changes could terminate an unsuspecting OSP’s eligibility for the DMCA’s safe harbor provisions. The Digital Millennium Copyright Act (DMCA) creates an important safe harbor from copyright...more

IP holding companies offer potential added protection benefits

Protecting intellectual property — from theft or misappropriation, infringement, or even from potential creditors and judgments — is a chief concern among businesses large and small and can be accomplished in a variety of...more

Update To DMCA’s Safe Harbor Agent Designations

Internet service providers keen on preserving the safe harbor provisions contained in the Digital Millennium Copyright Act (“DMCA”) should take note: the U.S. Copyright Office has developed an online system for designating...more

Copyright Office Rule Changes Require Website Owners to Take Action to Benefit From DMCA Safe Harbor

On December 1, the US Copyright Office replaced its directory of designated agents for receipt of Digital Millennium Copyright Act (DMCA) notices of claimed infringement with a new electronic system. As part of this process,...more

New Regulations Will Affect Service Provider Protections Under the DMCA

The Copyright Office recently announced amendments to its regulations that, if not followed, will affect a service provider’s eligibility to seek protection under the safe harbor provisions of the Digital Millennium Copyright...more

District Court Orders Additional Deposition of Defendant after Witness Changed Numerous Deposition Answers in Errata

The plaintiff, Chrimar Systems Inc. and Chrimar ("Chrimar") filed a motion to compel an additional deposition of Defendant D-Link Systems, Inc.'s ("D-Link") corporate representative, William C. Brown. Chrimar previously took...more

Avoiding Disaster - the Importance of an Intellectual Property Protection Plan for Breweries, Wineries and Distilleries

An effective intellectual property protection strategy is vital for almost every business, but is perhaps even more important for businesses such as breweries, wineries and distilleries where much of their product...more

Blog: A Beam Of Sun For Trademark Licensees: Another Appellate Court Holds Rejection Does Not Terminate A Trademark Licensee’s...

The In re Tempnology LLC bankruptcy case in New Hampshire has produced yet another important decision involving trademarks and Section 365(n) of the Bankruptcy Code. This time the decision is from the United States Bankruptcy...more

UK Autumn Statement 2016: IPT

No major changes were announced (subject to legislation to be published on 5 December), but we set out below a brief summary of the announcements which are relevant to corporates in the IPT sector....more

Terms And Conditions For Your App: 6 Key Considerations

For corporations, the mobile app is today’s website. Back in the late 1990s, no self-respecting company, no matter how stodgy and old-fashioned, wanted to be without a website. Originally published in Law360,...more

5 Key Takeaways from My Long List of Regulatory Changes Shared at ECVC2016

As 2016 draws to a close with a major political transition underway in Washington, D.C., organizations already dealing with a rapidly evolving regulatory environment now face uncertainty regarding whether some of the new...more

Intellectual Property Newsletter - November 2016

Patent Venue at the Supreme Court - If TC Heartland has its way, patent venue law is about to fundamentally change. Factual Background - Kraft sued TC Heartland, a limited liability company organized...more

The Implications of the Expanded Scope of the French Class Action System on Potential Liability and Insurance Coverage for...

Although the French class action system has gotten off to a slow start with only 6 actions initiated to date, the recently and anticipated expanded scope of the French class action system will impact the potential liability...more

District Court Finds General Description of Trade Secret Sufficient to Satisfy Pleading Standard under Defend Trade Secrets Act

An important question for any plaintiff alleging trade secret misappropriation is: “How much detail should I provide about the stolen trade secrets in the complaint?” Answering this question often requires the balancing of...more

Keeping Your DMCA Safe Harbor Safe

Starting December 1 of this year, there will be a major change to the registration process under the Digital Millennium Copyright Act (DMCA) that will substantially affect your ability to rely on the DMCA safe harbor. The new...more

Website Operators Must Use New Online System to Qualify for DMCA Safe Harbor

On December 1, 2016, online service providers (including most website operators, cloud service providers and online communication services) must qualify for the Digital Millennium Copyright Act (“DMCA”) safe harbor by using a...more

“Place of Origin” as a Trademark in Canada

The Canadian trademarks office has released a Practice Notice in order to clarify current practice with respect to applying the descriptiveness analysis to geographical names. In our earlier post on this topic...more

Upcoming changes in requirements for service providers to benefit from DMCA safe harbor: consider these key steps

If you maintain a website or service where you make content available to others, you probably have (and should have) an agent registered with the US Copyright Office to receive notices alleging copyright infringement. Last...more

Is it Legal to Transfer Personal Data from the European Union to the United States?

Human Resources professionals have one more item to add to their compliance checklist – ensuring the lawful transfer of employee, consumer or customer personal data from the European Union (“EU”) to the United States....more

Branding Buds – Still Illegal Under Federal Law

If voters in California approve Proposition 64 which would legalize the possession and use of marijuana for recreational purposes, it is without question that the sunshine state will see a huge increase in the number of...more

Looking Ahead: Top Issues Impacting the Tech Industry in 2017

As technology continues to reshape how business gets done and the way people live their lives, there are many reasons to be excited about the tech industry’s prospects heading into 2017. The more than 300 executives,...more

India and Singapore Sign MoU on Industrial Property Cooperation

The countries seek to facilitate bilateral cooperation and exchanges that encourage innovation. In a first of its kind for India and Singapore, the two countries have entered into a bilateral memorandum of...more

Choosing Owner Entities WISELY

In a recent precedential decision, the TTAB clarified whether a party filing an Opposition is entitled to allege a family of marks as a basis for a Section 2(d) claim when those marks are not all owned by a single legal...more

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