Darren W. Saunders, a partner at Manatt, Phelps & Phillips, and Alpa V. Patel, an associate with the firm, write that in the absence of fashion-specific legislation, fashion companies have turned to trademark/trade dress law. However, unlike copyright and design patent laws intended to reward artistic achievement and originality, trademark law is intended to prevent consumer confusion. As a result, proof of a trademark violation can be far more burdensome.
More than half of the patent litigation cases filed in the U.S. in 2012 were brought by companies whose sole purpose is to license patents—so-called "patent trolls"—according to a new study.
According to attorney William Trueba Jr., patent litigation usually involves dedicating resources early in the case; a fact that may thwart the intent of the SHIELD Act.
A Federal Trade Commission agreement with Google Inc. could profoundly impact IP litigation involving standard essential patents.
Tensions between the president of Saint Louis University and its faculty made an unexpected turn into the realm of copyright law—and the university's general counsel is at the center of the storm.
When India's Supreme Court ruled that Novartis AG's cancer drug Gleevec was not sufficiently innovative to merit a patent, the decision revolved around a practice the pharmaceutical industry refers to as "life-cycle management" and which public health advocates call "evergreening."
A divided Second Circuit panel ruled that Aereo's service merely allowed its subscribers to view or record "private performances" of live TV broadcasts, like a VCR, and therefore did not violate the Copyright Act of 1976.
A sanctions hearing in Los Angeles on Tuesday could decide the future of a tide of copyright infringement lawsuits against people accused of illegally downloading pornography.
Microsoft Corp. has launched an online "Patent Tracker" tool that allows anyone to search for and view the company's patents.
Tracking third-party and open source components in a software project helps manage the quality and security aspects of the project. It also ensures compliance with the terms specified in the license.
Corporate Counsel Membership Program
Receive exclusive offers and discounts today!
- Digital editions of Corporate Counsel Magazine
- Corporate Counsel eNewsletters
- Discounts on books, events, online CLE and research