ArticleThe Internet: Bigger And Even More ComplexThe Internet is about to become a much bigger and more complex place for trademark owners. United StatesIntellectual PropertyLadas & Parry
ArticleCalculation of Patent Term Extensions under the U.S. Patent Term Guarantee Act Following the Federal Circuit's Decision in Wyeth v. KapposOn January 7, 2010 in its decision in Wyeth and Elan Pharma International Limited v. Kappos, the Court of Appeals for the Federal Circuit held that the United States Patent and Trademark Office (USPTO) had in some cases been miscalculating the proper term of a patent whose term had been extended as a result of delays caused by the USPTO during prosecution of the application. United StatesIntellectual PropertyLadas & Parry
ArticleTTAB Sustains Opposition Based On Reputation Without Use In The United StatesTTAB sustains opposition based on reputation without use in the United States...United StatesIntellectual PropertyLadas & Parry
ArticleNew Dilution Act Broadens Trademark Protection But Excludes Niche MarketPresident Bush signed the Trademark Dilution Revision Act ("TDRA") of 2006 on October 6, 2006. Although the new legislation appears to broaden dilution protection, making it easier for trademark holders to prevent blurring and tarnishment of famous trademarks, the TDRA simultaneously limits the dilution cause of action for trademarks used in a niche-market or business-to-business context.United StatesIntellectual PropertyLadas & Parry
ArticleRead The Contract Before You SignIn three court decisions in the past several months one can argue "read the contract before you sign" – and understand the law that applies – affected results. United StatesCorporate/Commercial LawLadas & Parry
ArticleWIPO Warns Trademark Owners Of Increased Risk From CybersquattersIn a report issued on March 12, 2007, The World Intellectual Property Organization (WIPO) warned trademark owners that they face increased risks from cybersquatters.United StatesIntellectual PropertyLadas & Parry
ArticleECJ Rules On Website Contact Details Of BusinessesThe European Court of Justice has ruled that in order to comply with EU law, online businesses must provide prospective customers with a rapid, direct and effective means of communication, for which an email address alone is not sufficient.European UnionInternational LawLadas & Parry
ArticleWhat A Difference A Space Can Make In Cyber-Space!: The Ninth Circuit’s Trademark Decision In Perfumebay.Com v ebayThe Ninth Circuit in Perfumebay.com Inc. v. eBay Inc, Case No. 05-56794 (9th Cir. Nov. 5th, 2007) was asked to decide which versions of the mark "Perfumebay" infringed upon the trademark "eBay", both being web-based shopping sites selling perfume.United StatesIntellectual PropertyLadas & Parry
ArticleLawsuit Naming High-Volume, Domain "Tasting" Registrar Blazes New Trail in Combating Online Trademark InfringementA recent federal lawsuit, filed by Neiman Marcus and Bergdorf Goodman against domain name registrar Dotster, may anticipate a new technique for trademark owners to police their intellectual property rights online. United StatesIntellectual PropertyLadas & Parry
ArticleMayo v. Prometheus - The United States Supreme Court Has Done It AgainIn Bilski v. Kappos, the Court reiterated that abstract ideas are not patent eligible, gave little guidance as to what it meant by "abstract idea" other than that the Court was concerned about claims that were too broad and referred us to its prior decisions, especially Diamond v. Diehr for guidance. United StatesIntellectual PropertyLadas & Parry
ArticleTips on Acquisition and Enforcement of Trademark Rights on a Tight BudgetCreating, registering and protecting trademark rights can be a costly undertaking, whether on behalf of a large corporation’s international portfolio or the single brand of a small business. United StatesIntellectual PropertyLadas & Parry
ArticleTips On Acquisition And Enforcement Of Trademark Rights On A Tight BudgetCreating, registering and protecting trademark rights can be a costly undertaking, whether on behalf of a large corporation's international portfolio or the single brand of a small business.United StatesIntellectual PropertyLadas & Parry
ArticleSpecial Report: What Trademark Owners Really Need To Know About The .ASIA SunriseIf you are a trademark owner or represent one, you have almost certainly received numerous notifications that the .ASIA sunrise period opens October 9, 2007.United StatesIntellectual PropertyLadas & Parry
ArticleLessons on Qualifying Language in Patent Marking from Pequignot v. Solo Cup Don't Say Too Little, Don't Say Too Much, Say What You Believe is "Just Right"Recently the Court of Appeals of the Federal Circuit affirmed a decision involving a patent mismarking claim under 35 USC 292 which involved the lack of deceptive intent of the patent owner in Pequignot v. Solo Cup Co. ___ F3d ___ (Fed. Cir., 2010). United StatesIntellectual PropertyLadas & Parry
ArticleTrade Secrets As Collateral: A United States PerspectiveTraditional intellectual property assets, i.e., those capable of registration with a central governmental authority such as patents, trademarks and copyrights, are particularly valuable because they enable companies to create and hold monopoly power on unique products and services.United StatesIntellectual PropertyLadas & Parry
ArticlePatent Law Reform Is Almost HerePatent Law reform legislation (in the form of the "America Invents Act") has at last passed both houses of the United States Congress. The Senate passed Bill S. 23 by a vote of 95-5 on March 8, 2011. The House of Representatives passed Bill HR 1249 by a vote of 304 - 117 on June 23, 2011. United StatesIntellectual PropertyLadas & Parry
ArticleQueen Anne's Revenge: Government Copyrights Creators And Government CopiersCopyright law evolved from England's Statute of Anne of 1709 through the current Copyright Act of 1976. Decades after Anne, the US Constitutional copyright power is grounded in promoting "progress of Science and useful Arts."United StatesIntellectual PropertyLadas & Parry
ArticleClaim Drafting In The Light Of Recent Federal Circuit DecisionsIt is clear from recent decisions of the United States Court of Appeals for the Federal Circuit that courts are now taking a much tougher line on how to draft specifications and how to draft claims than has previously been the case.United StatesIntellectual PropertyLadas & Parry
ArticlePatent Law Harmonization - A Historical PerspectiveIn medieval times, the grant of exclusive rights "monopolies" by the sovereign had been a convenient way in which the sovereign could raise money without the need to resort to taxation. United StatesIntellectual PropertyLadas & Parry
ArticleThe Patent Law Of The People´s Republic Of ChinaTraditionally, Chinese society has been founded on the two Confucian precepts of deference to authority and use of conciliation to resolve disputes rather than on any system of "law" as known in the West. United StatesIntellectual PropertyLadas & Parry