Litigation ? Intellectual Property
Albert Chang and Kevin Sartorio of Gowling Lafleur Henderson LLP
The year 2004 was a noteworthy one in Canadian intellectual property ("IP") litigation, with several developments to report in respect to both law and practice. The majority of IP disputes continue to be litigated within Canada 's federal court, which enjoys concurrent jurisdiction with the provincial superior courts over causes of action based on the federal Copyright Act, Patent Act and Trade-marks Act.
Trademark Overview
Intellectual Property Law Group
What is a trademark? A trademark is any name, logo, shape, color, sound or even .
Federal Trademark Registration -- Just Do It
Tydings & Rosenberg LLP
In today's competitive markeplace, it is becoming increasingly important for merchants and manufacturers to differe.
F.A.Q's about Intellectual Property
Law Offices of Adam H. Jacobs
What is the difference between a patent, a trademark/service mark, and a copyright?
Changes to U.S. Trademark Law Under GATT
Pillsbury Winthrop Shaw Pittman LLP
The GATT implementing legistation (GATT Act) contains two amendments to the U.S. Trademark Act, also known as the .
The Madrid Protocol: Pondering the Panacea and Pitfalls
Mark A. Steiner of Townsend and Townsend and Crew LLP
As of November 2, 2003, a single application filed electronically with the United States Patent and Trademark Office (USPTO), and administered by the World Intellectual Property Organization (WIPO), could potentially result in trademark protection in any or all of the 58 Madrid Protocol member countries. But U.S. trademark owners wanting to protect their trademarks beyond the U.S. border should proceed with caution, however, as looks may be deceiving.
Making Your Mark on the World
Richard M. Berman of Faegre & Benson LLP
This article summarizes the United States Trademark laws and outlines factors a United States trademark owner should be aware of when doing business internationally.
Modernizing for the Millenium:The 1999 Amendments to the Trademark Law
John L. Welch of Lahive & Cockfield, LLP
This article provides a comprehensive analysis of the changes to the Trademark Law that will take effect on October 30, 1999.
Naming Your Company
Judith A. Silver of Coollawyer.com
Naming your company is an important task. Good branding dictates that names convey who you are and what you provide. In addition, there are a host of legal considerations to picking a name.
U.S. Supreme Court Decides Colors Alone May be Registered as a Trademark
Craig M. Gregersen of Briggs & Morgan
The United States Supreme Court has held that a color can be registered as a trademark upon presentation of evide.
Online Brokerages Under Siege for Trading Outages and Delays
Blake A. Bell of Simpson Thacher & Bartlett LLP
By Blake A. Bell(1) Simpson Thacher & Bartlett A version of this article appeared in wallstreetlawyer.com, A.
The Madrid Protocol: Findlaw Interview with Mark A. Steiner and Mary L. Shapiro of Townsend and Townsend and Crew LLP
David Goguen of FindLaw M V
Findlaw Interview by David Goguen.
Nuts & Bolts of Federal Trademark Registration
Lloyd L. Rich of The Law Office of Lloyd L. Rich
This article examines the various categories of trademarks and the benefits of registration on the either the Principal or Supplemental Registers.
Patent Document Type and Number Definitions
US Patent and Trademark Office
This document provides basic information on what the different patents look like.
Use It or Lose It: The Importance of Verifying Trademark Use
Elizabeth C. Buckingham and Johanna Sistek of Dorsey & Whitney LLP
A recent trademark administrative decision highlights the importance for in-house counsel and trademark managers of verifying the use of a trademark when obtaining or maintaining a U.S. trademark registration. The penalty for overstating the use of a trademark is losing the application or entire registration, which may turn a trademark owner with senior rights into a potential infringer with junior rights. This article will discuss the Medinol Ltd. v. Neuro Vasx case, and offer practical tips to trademark owners on how to satisfy use requirements.
Protecting a Valuable Asset--Your Business Name
Paula H. Krone of Law Office of Paula H. Krone
How important is it to protect one's business name? For many companies, the business name is what turns people .
Color Trademarks Revisited
Pillsbury Winthrop Shaw Pittman LLP
In our April, 1994 Report, we discussed recent decisions by U.S. Courts of Appeal for the Eighth and Ninth Circui.
The European Community Trademark Law
Eugene M Prince of Pillsbury Winthrop Shaw Pittman LLP
Pursuant to the treaty establishing the European Community, the counsel of the European Union issued a regulation.
New Trademarks Law
O'Neal, Webster, O'Neal, Myers, Fletcher & Gordon
As the importance of worldwide protection of intellectual property gains greater recognition in everyday discourse .
The Growth of Canadian Intellectual Property Law and Practice
of Gowling Lafleur Henderson LLP
The year 2004 was a noteworthy one in Canadian intellectual property ("IP") litigation, with several developments to report in respect to both law and practice. The majority of IP disputes continue to be litigated within Canada's federal court, which enjoys concurrent jurisdiction with the provincial superior courts over causes of action based on the federal Copyright Act, Patent Act and Trade-marks Act. The federal court is perceived as having superior experience in IP matters. The provincial courts maintain exclusive jurisdiction over causes of action that are founded solely on the common law.
Protection of Trademarks in Australia
Michael J. Stanton of Coudert Brothers LLP
A trademark may be the most effective and valuable marketing tool of an overseas company doing business in Austral.
The Proper Selection, Use and Protection of Trademarks, Corporate Names, and Trade Names in the U.S.
Ryan, Swanson & Cleveland, PLLC
I. Trademarks, Corporate Names and Trade Names Are Different A. Basic Differences With many businesses, names a.
What is Intellectual Property?: Trademark
Judith A. Silver of Coollawyer.com
Intellectual Property is the group of legal rights in things that people create or invent. Intellectual property rights include patent, copyright, trademark and trade secret rights. In Europe and some other countries, ÃÂmoral rightsÃÂ, which are rights of the artist not to have her work greatly altered, are also included.
Premature Assignment of Intent-to-Use Application Voids that Application and any Resulting Registration
Dykema Gossett PLLC
Designed to prevent "trafficking" in trademarks, Section 10 of the Trademark Act, 15 U.S.C. ?1060, prohib.
Federal Trademark and Local Zoning Laws Collide
L. Gail Gordon of Pillsbury Winthrop Shaw Pittman LLP
by Richard L. Kirkpatrick, Partner (San Francisco Office Trademark Group) L. Gail Gordon, Partner (Los Angeles .
Intellectual Property: Overview of Patents and Copyrights
Momkus McCluskey, LLC
Patents A patent for an invention is a grant of a property right by the Government to the inventor (or his or her .
U.S. CUSTOMS: Your Intellectual Property Sentinel
Alan M. Kindred of Buchalter Nemer
Most businesses know that their most valuable assets are their intellectual property - their trademarks, service marks, trade names, patents, copyrights and trade secrets. It is wise to invest in the registration of trademarks and service marks, the registration of copyrights, and in obtaining patents, because when intellectual property owners do so, they obtain legal benefits which can significantly increase the overall value of their business' assets.
Trademark Law Treaty Implementing Legislation Signed into Law
Dykema Gossett PLLC
On October 30, 1998, the president signed into law the implementing legislation for the Trademark Law Treaty (.
The Film Industry: What You Need to Know About Trademarks
Victoria Lockley and Ian Craig of Dorsey & Whitney LLP
When it comes to intellectual property, filmmakers tend to overlook the importance of trade marks and focus all of their attention on the marginally sexier world of copyright.This is understandable but could prove costly, particularly given the evolving nature of the film industry with respect to ancillary revenue opportunities.
Doing Business in Hawaii
Stubenberg & Durrett LLP
FORMS OF BUSINESS (a) Sole Proprietorship. A business owned and managed by a single individual. It is the simpl.
Madrid Protocol for Multi-National Trademark Registration Appears Close to Passage
David R. Posteraro of Arter & Hadden LLP
Provides a discussion of potential drawbacks of the Madrid Protocol.
International Trademark Registration: The Madrid Protocol Takes Effect In The United States
Nina Shreve of Fitzpatrick, Cella, Harper & Scinto
On November 2, 2003, the United States became an active member of the Madrid Protocol system for international registration of trademarks. This is one of the most important changes to U.S. trademark law in recent years, providing a system for obtaining international trademark protection that is streamlined and potentially very cost efficient.
It's a New World in Trademarks -- The U.S. Joins The Madrid Protocol
Gary R. Duvall and Elizabeth C. Buckingham of Dorsey & Whitney LLP
The Madrid Protocol is a streamlined international trademark registration system managed by the World Intellectual Property Organization (WIPO) in Geneva, Switzerland. Multi-country trademark applications can be filed in one office, in one language, and in one currency. Beginning November 2, 2003, U.S. trademark owners can use the Madrid Protocol.
The Right Stuff to be a Trademark Lawyer
Eric J. Swetsky of Eric J. Swetsky, Barrister & Solicitor
Do you have the legal smarts to figure out how the courts ruled in these tricky cases?
Intellectual Property in M&A Transactions: What Diligence is Due?
William B. Payne,Scott D. Rothenberger and Jamie N. Nafziger of Dorsey & Whitney LLP
Concern about intellectual property issues in M&A transactions has been growing. The importance of intellectual property and how it will be handled is dependent on the facts of each transaction, but since due diligence is simply an investigation into the status of a business, it includes discovery or confirmation about whatÃÂs right and whatÃÂs wrong as evidenced in patents and trademarks. This article focuses on those due diligence issues.
The Trademark Trial and Appeal Board is Not "Bullish" On Dilution
Pamela Deese and Rebecca L. Roby of Dorsey & Whitney LLP
In 1999, the Trademark Amendments Act revised the Lanham Act to add dilution as ground for opposing an application or canceling a registration before the Trademark Trial and Appeal Board (TTAB) of the United States Patent and Trademark Office.
Naming Your Product or Service
Judith A. Silver of Coollawyer.com
Naming your product or service is an important task. Good branding dictates that names convey who you are and what you provide. In addition, there are a host of legal considerations to picking a name.
Basic Facts About Registering A Trademark
Eric Boyd of William Eric Boyd
What is a Trademark? A TRADEMARK is either a word, phrase, symbol or design, or combination of words, phrases, .