On March 15, 2013, in Frolow v. Wilson Sporting Goods Co., the U.S. Court of Appeals for the Federal Circuit (Newman, Clevenger, Moore*) affirmed-in-part, reversed-in-part and remanded the district court's summary judgment...more
For the first time in several decades there will be a comprehensive revamp of the trade mark laws of the British Virgin Islands. The Trade Marks Act (Cap.158) of the Laws of the Virgin Islands (Existing Act) and the...more
On the brink of oral argument before the Supreme Court on Tuesday, it may be helpful to reiterate (as do the parties) the arguments from Petitioner Farmer Bowman and Respondent Monsanto, Inc. in Bowman v. Monsanto....more
In This Issue:
• Prior Litigation Precludes Lawsuit
• Disclosure of Broad Genus Does Not Disclose Species
• Preamble Limits Claims
- Excerpt from Prior Litigation Precludes Lawsuit:
My article Click and Copy: Breach of Online License Agreements and Copyright Infringement was published in Canadian Intellectual Property Review in December. The enforceability of click-through licenses for online...more
Originally published in the December 2012 issue of The HR Specialist.
With the year-end holidays fast approaching, many businesses are in the midst of assessing their 2012 performance and planning for 2013. If those...more
US companies seeking to enforce intellectual property rights against Canadians face certain challenges. First, a US company would commence a lawsuit in a US court, and must serve the Canadian person or entity in Canada....more
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