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IP BLAWG
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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IP BLAWG
Zombie Trademarks Live
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IP BLAWG
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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IP BLAWG
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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IP BLAWG
OMG AAMOF TXT Are Not ©*
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IP BLAWG
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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IP BLAWG
Spotting a Potty
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IP BLAWG
Eyelash Booster Trademarks Get a Wink and a Nod
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Benefits Bulletin
Guidelines for 401(k) Fiduciaries on Mutual Fund Selection
Fiduciaries who handle investments for self-directed 401(k) plans are increasingly exposed to liability for their investment decisions. Those fiduciaries, including employers and individuals charged with investment selection, are being second guessed in court actions for the investment funds they select.
Although the courts are divided, there are some guidelines that plan fiduciaries need to consider when reviewing their plan's mix of mutual funds offered for participant investment.
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IP BLAWG
Web Scraper’s Harvest is a Bumper Crop
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IP BLAWG
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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IP BLAWG
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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IP BLAWG
The® Importance of Being The®
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IP BLAWG
Patent World and Contract World Collide
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IP BLAWG
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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IP BLAWG
Brewsky v. Brewsky
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IP BLAWG
One Size Does Not Fit All Trade Secrets
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IP BLAWG
Oral Agreement = Copyright Infringement Litigation
In Brief: Oral agreements with independent contractors fuel copyright infringement litigation.
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IP BLAWG
Coming Into Focus
In Brief: Adopting a portion of someone else’s trademark can lead to a likelihood of confusion.
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IP BLAWG
Custody Fight Over Passionate Telenovela
In Brief: Too many words in a contract term plus course of dealing can cause a bad breakup.
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IP BLAWG
Field of Trademark Dreams
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IP BLAWG
“Oops” Trade Secret Disclosure
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IP BLAWG
Who’s Got the Cheese?
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IP BLAWG
Unicolor Gets a Mulligan from the Supreme Court
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IP BLAWG
The Devil is in the Patent Assignment Details
In Brief: An agreement stipulating the rights in a patent is not a present assignment of a patent.
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