IP Buzz - November 2011

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In This Issue:

Monetizing Intellectual Property to Improve Financial Performance By Michael A. Gollin

Companies can improve their financial performance by monetizing patents and other intellectual property (IP). The goal is to increase the assets and revenues that derive from technology and innovation, while decreasing liabilities and expenses....

The Legal Perils, Pitfalls and Puffery of Advertising Body Shaping Benefits By Gregory J. Sater

Marketers who advertise a product that promises body transforming benefits such as body shaping, weight loss or toning are popular targets for litigation and regulatory enforcement. Venable Partner Greg Sater examines two recent cases involving body transformation claims and the lessons marketers can draw from them in the November issue of Electronic Retailer....

Royalties: Are You Getting Your Fair Share? By Joshua J. Kaufman

According to one recent survey 88% of all royalties are underpaid, which is a really staggering statistic. According to the study conducted by Invotex Group, there are a wide variety of reasons for underpayment. The largest single reason for underpayment was erroneous contract interpretation. In second place was disallowed deductions being taken from the royalties. Third runner-up was unreported sales. Rounding out the other reasons were royalty rate errors, math errors, unreported sublicenses, unreported benchmarks and milestones and transfer prices....

Indian Affidavits of Use: A Tool for Effective Trademark Prosecution and Enforcement By Andrew D. Price and Rebecca Liebowitz

In trademark prosecution, the threat of infringement of the mark and a potential need to obtain an injunction usually are not at the forefront of the applicant’s mind. In India, however, use claims contained in (or omitted from) the application can have a significant effect on the outcome of a later dispute. It is important that both the applicant and its counsel give sufficient consideration to submitting use information to the Indian Trademark Office, in order to better position the trademark owner to initiate and defend challenges. Permission to reprint article from INTA....

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