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  • Article

    The Internet: Bigger And Even More Complex

    The Internet is about to become a much bigger and more complex place for trademark owners.
    United StatesIntellectual Property
    Ladas & Parry
    Ladas & Parry
  • Article

    Calculation of Patent Term Extensions under the U.S. Patent Term Guarantee Act Following the Federal Circuit's Decision in Wyeth v. Kappos

    On 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 Property
    Ladas & Parry
    Ladas & Parry
  • Article

    TTAB Sustains Opposition Based On Reputation Without Use In The United States

    TTAB sustains opposition based on reputation without use in the United States...
    United StatesIntellectual Property
    Ladas & Parry
    Ladas & Parry
  • Article

    New Dilution Act Broadens Trademark Protection But Excludes Niche Market

    President 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 Property
    Ladas & Parry
    Ladas & Parry
  • Article

    Read The Contract Before You Sign

    In 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 Law
    Ladas & Parry
    Ladas & Parry
  • Article

    WIPO Warns Trademark Owners Of Increased Risk From Cybersquatters

    In 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 Property
    Ladas & Parry
    Ladas & Parry
  • Article

    ECJ Rules On Website Contact Details Of Businesses

    The 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 Law
    Ladas & Parry
    Ladas & Parry
  • Article

    What A Difference A Space Can Make In Cyber-Space!: The Ninth Circuit’s Trademark Decision In Perfumebay.Com v ebay

    The 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 Property
    Ladas & Parry
    Ladas & Parry
  • Article

    Lawsuit Naming High-Volume, Domain "Tasting" Registrar Blazes New Trail in Combating Online Trademark Infringement

    A 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 Property
    Ladas & Parry
    Ladas & Parry
  • Article

    Mayo v. Prometheus - The United States Supreme Court Has Done It Again

    In 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 Property
    Ladas & Parry
    Ladas & Parry
  • Article

    Tips on Acquisition and Enforcement of Trademark Rights on a Tight Budget

    Creating, 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 Property
    Ladas & Parry
    Ladas & Parry
  • Article

    Tips On Acquisition And Enforcement Of Trademark Rights On A Tight Budget

    Creating, 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 Property
    Ladas & Parry
    Ladas & Parry
  • Article

    Special Report: What Trademark Owners Really Need To Know About The .ASIA Sunrise

    If 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 Property
    Ladas & Parry
    Ladas & Parry
  • Article

    Lessons 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 Property
    Ladas & Parry
    Ladas & Parry
  • Article

    Trade Secrets As Collateral: A United States Perspective

    Traditional 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 Property
    Ladas & Parry
    Ladas & Parry
  • Article

    Patent Law Reform Is Almost Here

    Patent 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 Property
    Ladas & Parry
    Ladas & Parry
  • Article

    Queen Anne's Revenge: Government Copyrights Creators And Government Copiers

    Copyright 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 Property
    Ladas & Parry
    Ladas & Parry
  • Article

    Claim Drafting In The Light Of Recent Federal Circuit Decisions

    It 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 Property
    Ladas & Parry
    Ladas & Parry
  • Article

    Patent Law Harmonization - A Historical Perspective

    In 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 Property
    Ladas & Parry
    Ladas & Parry
  • Article

    The Patent Law Of The People´s Republic Of China

    Traditionally, 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 Property
    Ladas & Parry
    Ladas & Parry

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