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October 09, 2012 |

Arising Virtual Marking Issues Following AIA

The Patent Act provides in 35 U.S.C. 287(a) that an alleged infringer must have notice that there are patents covering a product before damages can begin to be assessed in an infringement action.
9 minute read
April 24, 2007 |

Orange Flavor Is No Trademark

Companies have conditioned the public to routinely view words, letters and numbers as trademarks. "Nontraditional" trademarks, such as the pink color of Owens Corning fiberglass insulation, perform the same function. But recently, writes attorney Michael D. Hobbs Jr., the Trademark Trial and Appeal Board refused to register an "orange flavor" as a trademark for antidepressant medication, concluding that orange flavoring performs such a functional part of life that it could never function as a trademark.
10 minute read
December 04, 2006 |

Paulson, Bernanke likely to face disappointment in China

IF IMITATION IS the highest form of flattery, then perhaps piracy is a globalization-age sign that you have made it in the world. John Chan, a Shanghai-based business consultant, knows something about the phenomenon. Early this year, a businessman in Shanghai asked Chan to sign a copy of his 2003 book, "China Streetsmart.
4 minute read
June 26, 2013 |

Hollingsworth v. Perry

7 minute read
January 09, 2013 |

FORECAST 2013: Branding Is Not Just For Cattle

"Branding? As in a hot iron and livestock? What does that have to do with my law practice?" While not the actual response I receive when I use the wording "branding" and law practice in the same sentence, it might as well be. As solo and small firm practitioners carve out a marketing and promotion budget for 2013, putting a little thought into re-defining and re-designing your brand may imprint your legal presence in a saturated industry.
6 minute read
October 15, 2004 |

Pursuing Counterfeiters

Counterfeiting has skyrocketed in recent years, bolstered by the Internet, which allows fakes to be marketed worldwide with little or no setup costs. Armed with a revamped trademark law, a new breed of investigators and lawyers are aggressively pursuing product counterfeiters through lawsuits. Some companies, like Philip Morris USA, have also created in-house departments to fight counterfeiting. What once was a small area of trademark work is booming.
7 minute read
July 19, 2007 |

Longtime lawyer remains Vick's go-to guy

4 minute read
June 27, 2013 |

Hollingsworth v. Perry

Proponents of ballot initiative amending state constitution did not have standing to appeal the district court's order declaring the measure unconstitutional and enjoining public officials from enforcing it.
7 minute read
January 11, 2000 |

Y2K: The Fix Is In, but Who's to Pay?

The lights are still on, and canned goods are on grocery shelves -- but Y2K lawyers aren't willing to declare the crisis over. And even if Doomsday never dawns, a dispute is developing over who should bear the costs of compliance. "It's premature to be declaring victory over the Y2K issue, and that's not wishful thinking on the part of a law firm," said Jeffrey S. White, head of litigation and the Y2K group at San Francisco's Orrick, Herrington & Sutcliffe.
3 minute read
April 19, 2004 |

Extreme Niche Marketing

Establishing a clear identity is the foundation of any effective marketing plan. To distinguish your firm from the competition, consider extreme niche marketing. Case in point: Washington, D.C.'s Goldstein & Howe, a husband-and-wife firm that has staked out the most narrow of specialties -- the U.S. Supreme Court.
3 minute read

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