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Proving Damages at Trial in Copyright Litigation

Reading Time: 5 minutes 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 →

Steps to Obtain a Preliminary Injunction in a Patent Case

Reading Time: 4 minutes 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 →

Guest Post By Robert Cumming: Initial Interest Confusion Under EU Trademark Law

Reading Time: 4 minutes   Introduction by Andrew Berger I am pleased to introduce Robert Cumming who I have enjoyed meeting at INTA and whose blog posts at.www.robertcumming.eu I read with interest. Robert is…Continue reading Guest Post By Robert Cumming: Initial Interest Confusion Under EU Trademark Law →

Determining Genuine Use of a CTM in the EU after ONEL

Reading Time: 4 minutes   Another issue that came up in a Table Topics discussion I moderated at INTA earlier this month was what constitutes genuine use sufficient to sustain a CTM in the…Continue reading Determining Genuine Use of a CTM in the EU after ONEL →

Translating IP Translator For US Mark Holders Filing in Europe

Reading Time: 5 minutes I recently moderated a table topics discussion at the INTA annual meeting in Dallas on alternatives available to US mark holders when registering their marks in Europe. One of the…Continue reading Translating IP Translator For US Mark Holders Filing in Europe →

The Art of the Deal: How to Draft and Negotiate an IP Deal

Reading Time: 5 minutes     Here is an edited transcript of a talk I gave at my old firm, Tannenbaum Helpern, about drafting key provisions in an intellectual property license and suggestions about…Continue reading The Art of the Deal: How to Draft and Negotiate an IP Deal →

The Art of the Deal: Successfully Negotiating Intellectual Property and Technology Transactions

Reading Time: < 1 minute   Andrew, joined by his colleagues Mark Grossman and Don Prutzman, will speak at the firm on Thursday morning January 24, 2013, on the art of the deal: how to…Continue reading The Art of the Deal: Successfully Negotiating Intellectual Property and Technology Transactions →

Oral Argument in the Second Circuit in Aereo Makes Predicting the Outcome Not for the Faint of Heart

Reading Time: 5 minutes The oral argument in WNET et al. v. Aereo before the 2d Circuit panel of Judges Denny Chin and Christopher Droney and Eastern District Judge John Gleeson was long (more…Continue reading Oral Argument in the Second Circuit in Aereo Makes Predicting the Outcome Not for the Faint of Heart →

Will Aereo’s Internet Streaming Service Survive Second Circuit Review?

Reading Time: 6 minutes Innovation breeds copyright litigation. The scenario is often the same. The copyright holder whose market share is eroded by the innovative product claims it infringes its statutory-protected rights. The technologist…Continue reading Will Aereo’s Internet Streaming Service Survive Second Circuit Review? →

Brownmark v. Comedy Partners: Court Finds Fair Use Without Allowing Plaintiff Any Discovery

Reading Time: 4 minutes   Faced with a copyright infringement suit where your defense is fair use? Chances are you might not consider making a motion to dismiss at the outset. Instead, you will…Continue reading Brownmark v. Comedy Partners: Court Finds Fair Use Without Allowing Plaintiff Any Discovery →

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