Downs Rachlin Martin PLLC


Latest Publications

Matthew Borick

News From Our Own Vermont Backyard: Proposed Legislation On Password Privacy And Ownership Of Inventions

Last month the Vermont Legislature kicked off its 2013-2014 Legislative Session, and already a couple of bills have our attention here at the IP Stone…more

Assignment of Inventions, Injunctions, Inventions, Ownership of Works, Passwords

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R. Bradford Fawley

Who Let The Dogs Out? Barking About Whether To “Unleash” Patent Lawyer Is Not Privileged.

Characterizing Out RAGE LLC’s position as reflecting “a Pavlovian reaction that any communication in which the word ‘lawyer’ or ‘attorney’ is mentioned is the bell that causes the dog named Privilege to salivate” a federal judge…more

Attorney-Client Privilege, Confidential Communications

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Jamie J. Fitzgerald

Pun Marks Are Fun Marks! Then Why Is Chewy Vuiton OK, But Not Ben & Cherry’s?

Last year a California porn studio, Caballero Video, paid dubious homage to Ben & Jerry’s® (“B&J”) when it launched a “Ben & Cherry’s” film series. Even the less explicit titles in the series, such as BOSTON CREAM THIGH and…more

Infringement, Parody, Trade Dress, Trademarks

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Walter Judge

Vermont Federal Court Rules In Favor Of Vermont And Against Alleged Patent Troll In Preliminary Decision

Vermont Attorney General William Sorrell won a major victory in his groundbreaking effort to use state law to crack down on “patent trolls.” In State of Vermont v. MPHJ, LLC, the Vermont federal court has rejected the…more

Jurisdiction, Patent Litigation, Patent Trolls, Patents, State of Vermont v MPHJ

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Tom Kohler

On Your Marks, Get Set…. AIA First-To-File Officially Takes Off On March 16, But The Race To File Patent Applications Has Already Begun

The America Invents Act or “AIA” was signed into law by President Obama on September 16, 2011. After an eighteen month waiting period, on March 16, 2013, two months from today, the US patent system officially changes to a first…more

America Invents Act, First-to-File, Patent Reform, Patents, Prior Art

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Peter Kunin

Vermont Approves Legislation Prohibiting Bad Faith Patent Infringement Claims

The Vermont House and Senate have approved a first-in-the-nation bill that provides a legal tool for Vermont companies who face extortionate claims of patent infringement from “patent trolls.”…more

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Robert Luce

NFL And NCAA Under Increased Pressure To Manage The Long-Term Effects Of Concussions

In August, 2013, the NFL announced that it had reached a $765 million dollar settlement of claims by more than 4,500 players alleging that they were suffering from long-term consequences of concussions that the NFL had known…more

NCAA, NFL, Traumatic Brain Injuries

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Kevin McGrath

3D Printing And Utility Patents: Will 3D Printers Lead To Widespread Infringement Of Utility Patents?

This article is the next in a series of posts discussing IP issues surrounding 3D printing. As discussed in the last post, some types of 3D printing technology have become affordable enough for home use. This has led to…more

3-D Printing Technology, Infringement, Patent Infringement, Utility Patents

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Cathleen Stadecker

Protecting Your Brand By Registering With The New gTLD Trademark Clearinghouse

In June of last year, the Internet Corporation for Assigned Names and Numbers (ICANN) announced it had received nearly 2,000 applications for approximately 1,400 unique new gTLDs or “strings,” for example .app, .llc, .auto,…more

gTLD, ICANN, Trademark Clearinghouse, Trademarks

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