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About Our Intellectual Property Practice
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International Trademark Registration Strategies
Key Dates for Taking Advantage of the United States Implementation of the Madrid Protocol and the Expansion of the European Union
Two major events--the United States implementation of the Madrid Protocol and the expansion of the European Union--are quickly approaching. Each of these events will significantly impact the filing capabilities of trademark owners who seek to register their marks abroad. Such owners should be aware of key dates for taking advantage of these events.
[FULL STORY]
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The New FESTO Rules: Determining Limitations on the Doctrine of Equivalents Due to Prosecution History Estoppel
On September 26, 2003, the Court of Appeals for the Federal Circuit, sitting en banc, handed down its most recent decision1 in the Festo line of cases, pursuant to a remand from the Supreme Court last spring.2 The central issue in the Festo line of cases is the proper analysis to be used in the application of the "doctrine of equivalents" in determining patent infringement, when the claims of a patent were narrowed by amendment in the Patent Office. The federal circuit’s most recent decision elaborates upon the Supreme Court’s decision last year, setting forth a detailed analysis to be made in determining when the rule of "prosecution history estoppel" may arise to limit the use of the doctrine of equivalents in establishing patent infringement.
[FULL STORY]
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Placing Movie Trailers On Line Requires Authorization, No Ifs, Ands, Or Buts
Video Pipeline, Inc. runs the website videodetective.com for downloading and viewing movie trailers. In the declaratory judgment action of Video Pipeline, Inc. v. Buena Vista Home Entertainment, Inc.,14 the U.S. District Court of New Jersey granted summary judgment counterclaims against Video Pipeline for copyright infringement and other claims for placing Disney movie trailers on line after expressly receiving instructions not to do so. Video Pipeline’s main underlying theory, asserted as a number of different defenses, was that a party should have the freedom to use a portion of a copyrighted work to advertise and inform the public about the copyrighted work. The court was not persuaded, and all of Video Pipeline’s motions for summary judgment were denied.
[FULL STORY]
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Intellectual Property Theft: Criminal Prosecutions on the Rise
Civil claims for infringement are an active and well-established means for enforcing intellectual property rights in patent, trademark, trade secret, and copyright. However, in response to the incredible advances in digital technology over the past decade, and the concomitant opportunity for theft or misappropriation, Congress has significantly expanded the potential for criminal liability. As a result, the consequences of an infringement are now much higher, with potential findings of criminal liability for the individuals involved, in addition to the monetary damages in related civil suits.
[FULL STORY]
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