Traditionally, trademarks were shortcuts, identifying and distinguished goods in the marketplace in response to a buyer’s needs and self-selected criteria. Trademarks have also protected against human frailty by alleviating confusion, imitation, disparagement and misrepresentation….Continue reading Will Artificial Intelligence Place Trademarks On Life Support?
Thinking of starting a copyright litigation. Take a deep breath. Before you sue, you will need to answer a number of somewhat difficult questions. …Continue reading Your Guide to Litigating Direct and Secondary Liability Claims in Copyright Litigation
Embedding flourishes on the internet. Social media like YouTube, networking sites such as Twitter, streaming music services, including Spotify and search engines like Google, encourage embedding and offer tools that facilitate this practice. …Continue reading Is The End Of Embedding In Sight?
Negotiating a license agreement? There are primers telling you how to take advantage and one-up your license partner. Ignore them. Unless the agreement works for both sides, it won’t last….Continue reading Ten Win-Win License Negotiation Strategies
The statute of limitations in copyright litigation appears to be deceptively simple. 17 U.S.C. § 507(b) states an infringement claim must be “commenced within three years after the claim accrued.”…Continue reading What’s the Latest on the Statute of Limitations in Copyright Litigation after Petrella & Sohm
Entrepreneurs have long dreamed of a digital resale market Imagine if music lovers could resell their unwanted digital music downloads with a click of a mouse or if college students…Continue reading After ReDigi, Will NFTs Enable A Digital Resale Market
Introduction by Andrew Berger I am pleased to introduce Michael Einhorn to IP In BRIEF. Michael A. Einhorn, Ph.D. is an economic consultant and expert witness in…Continue reading Guest Blog Post by Michael Einhorn: Establishing Indirect Lost Profits Resulting from Copyright Infringement
Dennis Murrell and Robert Theuerkauf from Middleton Reutlinger in Louisville explained how to prove and defend against trade secret claims at the IPI’s Ocean Reef winter conference. Here is a summary of their excellent presentation. …Continue reading Proving and Disproving Trade Secret Claims
David Leichtman from Robins Kaplan in NY gave us an excellent presentation on proving damages at trial in copyright litigation at the Intellectual Property Institue’s Ocean Reef winter conference. Here is my summary of his talk along with links to some of the cases he mentioned and his PowerPoint….Continue reading Proving Damages at Trial in Copyright Litigation
H. Dickson Burton from TraskBritt in Salt Lake City gave a presentation at the IPI’s winter conference explaining how to obtain a preliminary injunction in a patent case. Here is my summary of his presentation with links to some of the cases he mentioned….Continue reading Steps to Obtain a Preliminary Injunction in a Patent Case