Partner
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Patent Royalty Damages Aren’t Just a Matter of Simple Math
In Brief: Calculating royalty damages for patent infringement isn’t easy; even against a bratty, no-show defendant.
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The 2022 Crippys – The IP Criminals Hall of Fame
In Brief: As we enter awards season, it’s time to acknowledge those who achieved infamy in the world of Intellectual Property.
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Public Domain Class of 2023
In Brief: Each year, a new crop of creative works go into the public domain. This year, works created from 1927 go into the public domain. The class motto is “The Best Things in Life are Free".
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Edison and the Santa Claus Movie
In Brief: Reaching back into IP history, we find that “A Trap for Santa” was at the heart of an IP dispute in the early 1900s.
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No Accounting for Mouthwash Taste
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Coffee Trademark Case Gets Roasted
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Mark Me Zero
In Brief: A patent infringer is not liable for damages incurred before notice of plaintiff’s patent rights.
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Court Rains on Parade of Termination Rights
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Happy Halloween: Writer of “Friday the 13th” Decapitates His Original Agreement
In Brief: An author has a right to terminate a copyright transfer after a certain number of years.
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Zombie Trademarks Live
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Fair Use Defense Drowns in a Desert Lake
In Brief: A picture is worth a thousand words but using it may not pass the fair use test.
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A Thicket of Patents is Not Antitrust
In Brief: Holding a lot of patents that extend the life of an original patent isn’t’ a monopoly.
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OMG AAMOF TXT Are Not ©*
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Retailer Gets Caught in the Middle of a CBD Fight
In Brief: Misappropriation of a trade secret requires more than just being in the supply chain.
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Spotting a Potty
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Eyelash Booster Trademarks Get a Wink and a Nod
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Web Scraper’s Harvest is a Bumper Crop
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Fixing an Error Doesn’t Fix Patent Infringement
In Brief: A court’s fix of an obvious error in patent claim language can’t be used as a defense to willful patent infringement.
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Pinterest Doesn't Get Pinned for Infringement
In Brief: The Digital Millennium Copyright Act’s safe harbor protects Pinterest from copyright infringement for photographs appearing next to ads.
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The® Importance of Being The®
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Patent World and Contract World Collide
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Would Ye Like a Wizard Image Lawsuit?
In Brief: A work that is created for commercial purposes is not protected by the Visual Artists’ Rights Act.
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Brewsky v. Brewsky
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One Size Does Not Fit All Trade Secrets
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Oral Agreement = Copyright Infringement Litigation
In Brief: Oral agreements with independent contractors fuel copyright infringement litigation.
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