Downs Rachlin Martin PLLC

Attorney

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

CAFC Scandalized By “Vulgar” Mark For Sweet Product

Today we address suggestive marks – “suggestive” as in meretricious, not as one of the measures of trademark strength. It was three strikes and you’re out for Ms. Marsha Fox, who in 2001 applied to register COCK SUCKER and…more

Appeals, Seven Dirty Words, Suggestive Marks, Trademark Act, Trademarks

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Walter Judge

Speaking Of . . . Trade Secrets - Damages For Misappropriation Can Be Full Refund Of Ex-Employee’s Severance Pay

When your trade secrets are stolen, you might sue the ex-employee who stole them, or the competing business that’s now in possession of them, or both. What’s an appropriate measure of damages when your trade secrets are stolen?…more

Damages, Misappropriation, Severance Pay, Trade Secrets

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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, Patents, Prior Art, USPTO

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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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Cathleen Stadecker

3D Printing: How Will IP Law Handle The “Next Revolution” In Manufacturing?

3D printing technology is becoming more popular as companies such as MakerBot Industries continue to introduce more affordable desktop 3D printers. With these machines, which work by printing layers of plastic, metal, ceramics…more

3-D Printing Technology, Computer-Aided Design, DMCA, Innovation

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