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Category: Protecting Intellectual Property

It May Be A Cool Warhol But The Supreme Court Will Not Find Orange Prince Transformative 

While we wait, we wonder. Will the result by the Supreme Court in Andy Warhol Foundation for Visual Arts, Inc. v. Goldsmith (“Warhol”) give copiers the right to turn Darth…Continue reading It May Be A Cool Warhol But The Supreme Court Will Not Find Orange Prince Transformative  →

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Ten Win-Win License Negotiation Tips

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 Tips →

Is The End Of Embedding In Sight?

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? →

After ReDigi, Will NFTs Enable A Digital Resale Market

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 →

Guest Blog Post by Michael Einhorn: Establishing Indirect Lost Profits Resulting from Copyright Infringement

       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 →

Proving Damages at Trial in Copyright Litigation

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 →

Translating IP Translator For US Mark Holders Filing in Europe

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

    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

  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

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 →

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