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Articles From 2002 to 2005

April 20, 2009 11:54 AM Federal Circuit Relies on KSR (Again)
December 1, 2002 1:38 PM Archive of Articles From 2002 to 2005

Patent Law

January 9, 2012 2:06 PM New Patents Laws
September 22, 2011 12:25 PM On the President's Desk: the America Invents Act
September 6, 2011 2:31 PM Federal Circuit Limits Patentable Processes
July 11, 2011 3:33 PM Supreme Court Adopts Willful Blindness Standard for Inducing Patent Infringement
May 13, 2011 3:28 PM How to Perfect a Security Interest in Intellectual Property (Copyrights, Trademarks and Patents)
April 27, 2011 6:13 PM Jurisdiction in Declaratory Judgment Actions - Federal Circuit Resolves Open Question
March 18, 2011 3:15 PM Patent Reform Passes United States Senate
January 20, 2011 4:59 PM Patent Misuse Becomes Narrower
November 26, 2010 12:07 PM Liability for Offers to Sell Clarified
October 29, 2010 1:37 PM Forest, Solo, and the Ten Trillion Dollar Man
July 23, 2010 11:24 AM Supreme Court Holds Business Method Patents Remain Viable
June 4, 2010 5:36 PM There is a Separate Written Description Requirement
May 7, 2010 4:38 PM Patent Minefield Now a Risk for Trademark Owners
April 14, 2010 12:35 AM Patent Exhaustion Clarified
December 3, 2009 1:30 PM Supreme Court Hears Oral Argument in Key Patent Case
October 23, 2009 6:12 PM Patent Enablement Requires More Than a Guess
September 14, 2009 4:35 PM Section 271(f) Does Not Apply to Method Patents
July 24, 2009 12:57 PM Patent Misconceptions
June 5, 2009 1:35 PM TransCore Case Changes Patent Licensing and Patent Settlements
February 27, 2009 12:53 PM Federal Circuit Revisits Comiskey
January 7, 2009 12:19 PM Federal Circuit Clarifies Requirements for Anticipation of Patent Claims
December 29, 2008 4:51 PM Intellectual Property Basics
November 25, 2008 4:05 PM New Test for Business Methods Patents
October 22, 2008 7:05 PM PRESIDENTIAL POLITICS AND IP
October 16, 2008 7:00 PM Design Patents are Now Stronger
September 3, 2008 5:46 PM Federal Circuit Further Refines Declaratory Judgment Jurisdiction
July 24, 2008 5:02 PM What is a Patentable Business Method? Federal Circuit to Decide
June 18, 2008 5:28 PM Even After 150 Years, Exhaustion Is Not Too Tired To Be A Good Defense
June 4, 2008 8:38 PM Lack of Enablement - A Stronger Tool for Invalidity
May 22, 2008 8:35 PM The California Supreme Court Sheds New Light on Fiduciary Relationships
March 18, 2008 12:23 PM Federal Circuit Applies Supreme Court's New Test for Declaratory Judgment Jurisdiction
February 21, 2008 12:12 PM A Fresh Look At Managing Intellectual Property
December 19, 2007 12:17 PM The Federal Circuit Finds Mental Process Unpatentable
September 26, 2007 11:54 AM New U.S. Patent and Trademark Office Rules
September 22, 2007 12:01 PM Patent Infringement Willfulness Redefined and Work Product Preserved
September 12, 2007 12:44 PM Revisiting Brulotte and Royalty Agreements for Patented Inventions
August 22, 2007 12:44 PM Experts and Summary Judgment
July 30, 2007 11:54 AM No Surprise: After KSR, Federal Circuit Finds Obviousness
June 12, 2007 12:15 AM Everything Old is New Again - - Not
April 25, 2007 7:06 PM Patent Infringement 101
March 22, 2007 12:57 PM U.S. Courts Should Not Decide Foreign Patent Infringement
February 12, 2007 9:55 PM Supreme Court: Licensees Can Sue for Invalidity
January 31, 2007 12:43 PM Inducing Patent Infringement Becomes More Difficult to Prove
October 20, 2006 12:06 PM Rambus Inc.: FTC Finds That Valid Patent Acquisition Can Amount To A Violation Of Antitrust Laws.
October 20, 2006 12:03 PM HOW TO PROTECT YOUR CLIENTS' IP
July 12, 2006 4:29 AM Patentable Subject Matter -Not Any Clearer
June 6, 2006 4:37 AM PATENTS - MORE OBVIOUS?
May 16, 2006 5:22 PM Supreme Court - You Can Still "Buy It Now" On eBay
May 3, 2006 5:20 PM Inequitable Conduct...Disintegrating
April 2, 2006 4:56 PM A Patent Holder's Right to Exclude Others - Will the Supreme Court Reverse 100 Years of Precedence?
March 28, 2006 4:50 PM United States Supreme Court: Patent Owners Are Not (Necessarily) Monopolists
March 22, 2006 4:46 PM Challenging Patents - Short of Litigation
March 8, 2006 4:41 PM BlackBerries Are In Season Again - And It's A $612.5 Million Season
March 2, 2006 5:23 PM Incompetent Legal Advice: Evidence of Willful Infringement
January 25, 2006 11:44 PM Will Your Blackberry Go Dark?
January 10, 2006 5:53 PM In the Patent World, One Claim Equals One Class
December 21, 2005 10:55 PM Business Method Patents - The Method Stands Alone
December 14, 2005 10:49 PM Disclosure Requirements for Patent Holders Who Participate in Standards Setting Organizations
November 11, 2005 9:30 PM Testing (Again) The Bounds of Patentable Subject Matter
October 26, 2005 5:09 PM Looking to Sell Your Patent Portfolio? Put it on Ebay
October 13, 2005 5:01 PM How Useful is Useful
September 29, 2005 5:17 PM The Patent Act of 2005 Remains Hotly Contested And Under Intense Scrutiny
August 31, 2005 8:57 PM Here's to Miguel Figueroa!
August 23, 2005 5:00 PM Exported Software Copies Are Infringing Supply of Components in Microsoft Cases
July 22, 2005 8:38 AM Claim Construction: A Little Less Uncertain But Still Just As Uncertain
July 7, 2005 8:56 PM The Safe Harbor For Patent Infringement Is Broader - But Is The Result Better
June 8, 2005 10:19 AM The PB & J Patent
May 24, 2005 4:12 PM The Federal Circuit Invalidates SmithKline Beecham's Paxil�� Patent For Inherent Anticipation - Based On SmithKline's Own Arguments
April 18, 2005 6:57 PM The United States Supreme Court Will Examine The 35 U.S.C. �� 271 FDA Exemption From Patent Infringement - Biotechnology Companies Beware
March 8, 2005 3:19 PM The Federal Circuit Strictly Enforces Bayh-Dole Act Disclosure Requirements: Noncompliance Could Result In Forfeiting Patent Rights

Copyright Law

December 9, 2011 8:26 PM Hollywood and Silicon Valley Spar Over Proposed "Stop Online Piracy Act"
October 25, 2011 6:32 PM Elvis Has Left The Building
October 14, 2011 7:16 PM Apple Wins Pivotal Software Licensing Lawsuit
October 7, 2011 6:51 PM The Copyright Misuse Defense & Apple's Software License Agreements
September 23, 2011 1:22 PM South Park Prevails in Copyright Infringement Case Thanks to the "Fair Use" Doctrine
September 14, 2011 7:54 PM Macho Man: Village People Singer Battles Record Companies over Copyright Termination Rights
September 1, 2011 10:28 AM Copyright Ownership Claim Of Pictures Taken By Wild Ape is Monkey Business
August 17, 2011 10:24 AM Ninth Circuit Says No Presumption of Irreparable Harm in Copyright Infringement Cases
July 22, 2011 4:33 PM The Trouble With Torrents
July 19, 2011 3:58 PM No First Sale Defense on Foreign-Made Copies
June 3, 2011 6:25 PM At Some Point, Litigation Must Come To an End
May 27, 2011 5:16 PM Google Books Settlement Rejected By Court
May 20, 2011 5:09 PM Copyright Troll Loses on Fair Use Claim
May 13, 2011 3:28 PM How to Perfect a Security Interest in Intellectual Property (Copyrights, Trademarks and Patents)
May 6, 2011 6:17 PM "Fair Use": An Affirmative Defense to "Copyright Infringement"
April 13, 2011 5:59 PM Betty Boop and Chain of Title Issues
February 16, 2011 5:01 PM United Fabrics v. Macys and the Presumption of Copyright Ownership
January 14, 2011 12:12 PM Common Copyright Myths
January 6, 2011 6:32 PM "First Sale" doctrine allows radio disc jockeys and music critics who are provided with promotional CDs to resell such CDs without infringing the copyright holder's copyright in those CDs
December 22, 2010 5:49 PM Technicalities Surrounding Statutory Damages Under The Copyright Act Trigger Suit Against Law Firm Prosecuting Online Infringement Actions
October 21, 2010 5:22 PM ivi TV - New Media Revolutionary or Copyright Infringer?
September 24, 2010 6:04 PM Ninth Circuit Settles District Court Split on Copyright Filing as a Prerequisite to an Infringement Suit
August 20, 2010 6:46 PM World of Warcraft® Computer Game Maker Scores Big In Battle Against Infringers
June 25, 2010 6:24 PM 9th Circuit Case Has Hit TV Series "Ghost Hunters" Out Of The Haunted House And Into The Courthouse.
June 11, 2010 1:13 PM What does "Copyright Registration" Mean, And Why Does It Matter?
May 14, 2010 6:08 PM Supreme Court Will Decide Direction of the "First Sale" Doctrine in Copyright Law
August 28, 2009 2:06 PM "Transformative" Or Not Revisited
July 31, 2009 6:38 PM Ninth Circuit Changes Its Definition of "Prevailing Party" In Copyright Cases
July 9, 2009 2:07 PM Copyrighter in the Rye - J.D. Salinger Stops Publication of Alleged Sequel To Famous Work
June 19, 2009 12:37 PM Does an Anti-Plagiarism Service Violate Students' Copyrights?
April 24, 2009 11:45 AM A Dream Case: Statutory Damages for Infringement of Illegal Bingo Gambling
March 10, 2009 2:09 PM Not Just For Promotional Use
February 13, 2009 8:55 AM "Transformative" or Not?
December 29, 2008 4:51 PM Intellectual Property Basics
October 22, 2008 7:05 PM PRESIDENTIAL POLITICS AND IP
October 2, 2008 6:51 PM Copyrighted Computer Software and Implied Licenses to Use
September 18, 2008 8:31 PM
September 10, 2008 8:12 PM Are Foreign Sales "First Sales" Under Copyright Law? It Depends....
August 26, 2008 5:43 PM LICENSE TERMS: CONDITIONS OR COVENANTS - WHY YOU SHOULD CARE
July 30, 2008 4:51 PM We're the Government, and We're Here to Copy - Blueport Co. v. United States
July 15, 2008 5:06 PM Viacom V. Youtube: Are Our Internet Privacy Rights Really In Danger?
April 2, 2008 11:39 PM Superman and a Super Copyright Battle
March 19, 2008 11:34 PM The Ninth Circuit Just Doesn't Like Karaoke
February 26, 2008 12:18 PM Lights, Camera, IP Issues...
February 21, 2008 12:12 PM A Fresh Look At Managing Intellectual Property
February 7, 2008 12:02 PM Ownership Issues Underlying the "Work Made for Hire" Doctrine
August 28, 2007 11:59 AM "Making Available" is Copyright Infringement in File Sharing Case
August 22, 2007 12:44 PM Experts and Summary Judgment
June 25, 2007 12:35 AM The 11th Circuit Reminds All That Copyright Protection For Databases Is Alive And Well
June 5, 2007 4:30 PM Copyright Infringement and the Internet: A Closer Look at Perfect 10 v. Google and Amazon
June 5, 2007 12:26 AM Is That Expensive Custom Computer Program Really Yours?
May 24, 2007 6:55 PM Collage Ads & Copyright Infringement
May 15, 2007 4:53 PM Over Installing Software May Subject A Company to Liability For Copyright Infringement
April 26, 2007 12:10 PM BREAKING NEWS - Court Concludes No Performance in Music Download
April 25, 2007 2:46 PM The Ninth Circuit Clarifies the "Safe Harbor" Provisions of the Digital Millennium Copyright Act
April 3, 2007 4:30 PM The YouTube Question
February 20, 2007 8:03 PM The Complexity of Proving Copyright Infringement
January 30, 2007 12:30 PM Should Ripping Your Purchased DVDs Onto Your iPod Be Illegal? The Motion Picture Association Says "Yes!"
October 24, 2006 5:03 PM Copyright Office Clears the way for more Ringtones
October 20, 2006 12:03 PM HOW TO PROTECT YOUR CLIENTS' IP
September 5, 2006 11:59 AM Defamation Claims Pierce the "Blogosphere"
August 12, 2006 5:05 AM Copyright Problems for the Unwary Real Estate Developer
July 26, 2006 4:22 AM Ownership Issues Underlying the "Work Made for Hire" Doctrine
July 19, 2006 4:27 AM Court Rejects Adoption of a Public Policy Test Component to Fair Use Doctrine
June 27, 2006 4:59 AM Digital Applications of the Compulsory License
May 31, 2006 4:41 AM Ninth Circuit-State Law "Right of Publicity" Claim Preempted by Copyright Act
May 24, 2006 5:26 PM The RIAA Goes After XM Satellite Radio for Copyright Infringement
April 18, 2006 5:13 PM Learn a Lesson from Puffy -Don't Ignore a Cease and Desist Letter
March 4, 2006 5:07 PM Tech Companies, Insure You Choose the Correct E&O Policy!
January 31, 2006 5:58 PM Fantasy Sports League Brings On the Heat In Challenging MLB's Ownership Of Player Statistics
November 15, 2005 8:04 PM Intend To Infringe = Go To Jail
October 21, 2005 11:38 PM The Ins and Outs of Indemnification
August 1, 2005 8:43 AM The Grokster Decision- What Does It Really Mean?
May 31, 2005 3:22 PM Will Complex Licensing Requirements Silence Independent Podcasting?
April 26, 2005 3:25 PM U.S. Copyright Protection Still Available When Work Is In Public Domain Outside of U.S.
March 8, 2005 3:09 PM SHOULD MORALITY INFLUENCE COPYRIGHT LEGISLATION?
December 24, 2004 3:53 PM The Supreme Court To Decide Music Downloading Debate?
October 1, 2004 3:37 PM Copyright Death Trap Waiting For Real Estate Developers

Trademark Law

January 9, 2012 2:11 PM Trademark Infringement: Factors Considered in Consumer Confusion
October 28, 2011 11:18 AM Protect your Brand from EXXXposure
October 3, 2011 5:32 PM What's in a Name?
August 9, 2011 10:55 AM Best Buy Gets "Geeked Up" Over Trademark Protection
July 29, 2011 5:52 PM Trademark Basics: Infringement
June 24, 2011 10:39 AM Levi's Legal Department: The Ultimate Pocket Protectors
May 13, 2011 3:28 PM How to Perfect a Security Interest in Intellectual Property (Copyrights, Trademarks and Patents)
April 19, 2011 6:09 PM Ninth Circuit Clarifies Position on Keyword Advertising Liability
April 5, 2011 5:53 PM Trademark Landmines
March 25, 2011 3:23 PM Apple Sues Amazon for Trademark Infringement
March 15, 2011 6:10 PM Trademark Basics: Dilution
March 3, 2011 6:06 PM Advertisers Beware: Using a Competitor's Registered Trademark as a Keyword with Google's AdWords Program can Constitute Trademark Infringement
February 11, 2011 5:05 PM "Obamification": Barack Obama as a Trademark
January 27, 2011 4:50 PM Microsoft v. Apple In a "Generic" Trademark Dispute
December 29, 2010 7:10 PM Naked Licensing: Trademark Owners Beware
December 27, 2010 4:53 PM Affiliated Companies and Likelihood of Confusion
December 7, 2010 5:56 PM Naked Licensing and the Freecycle Case
November 19, 2010 3:49 PM Can It Still Be On Like Donkey Kong.
November 5, 2010 5:04 PM Trademark Infringement: Factors Considered in Consumer Confusion
October 1, 2010 10:56 AM Ansel Adams and Trademark Fair Use
September 10, 2010 6:00 PM TTAB Takes Up Question Whether Incontestable Status Lends To Mark's Strength In Likelihood of Confusion Analysis
July 30, 2010 11:51 AM Nominative Fair Use of a Lexus
July 16, 2010 6:38 PM Trademark Dilution: Visa vs. eVisa
July 9, 2010 5:20 PM Co-existing with Another Trademarked Owner Through a Joint Consent Agreement
July 2, 2010 4:18 PM College Licensing Front: Former Star Student-Athletes, Recent Court Order Move NCAA Licensing Suit Forward
June 18, 2010 5:43 PM Trademark Dilution and Sex: Victor's Secrets v. Victoria's Secrets
June 1, 2010 3:51 PM Supreme Court Strikes Blow to NFL's Long-Standing Licensing Venture
May 21, 2010 3:45 PM Auto Gold: Trademark Infringement and the "First Sale" Doctrine
May 7, 2010 4:38 PM Patent Minefield Now a Risk for Trademark Owners
May 3, 2010 12:16 PM Tiffany v. eBay, Revisited
April 21, 2010 10:25 AM Is "ML" Confusingly Similar To "ML"?
March 30, 2010 10:32 AM Establishing Trademark Rights Before Using Your Mark In Commerce
March 23, 2010 5:26 PM Tavern on the Green - N.Y.C's Gain is a $19 Million Loss
March 10, 2010 5:23 PM Intel Claims Rights to "Intelligent" Trademarks
March 3, 2010 4:51 PM Need To Enforce A Judgment? Levy A Domain Name.
February 17, 2010 1:47 PM "The Heart Attack Grill" Commences Litigation Triage to Save Its Trade Dress
February 1, 2010 12:44 PM Why Establishing Trademark Use Is Not As Easy As One Would Think
December 18, 2009 2:14 PM Federal Circuit Puts Generic 1800Mattress Trademark to Bed
December 11, 2009 1:38 PM When Product Resales are not Protected under the First Sale Doctrine
November 20, 2009 2:16 PM Sound Marks -- Registration Basics
November 6, 2009 6:42 PM 7th Circuit Case Should Serve As A Reminder To Business Attorneys
October 29, 2009 6:24 PM Trademark Basics: Dilution
October 9, 2009 11:08 AM The Parody Defense to Trademark Infringement: The North Face vs. The South Butt
September 25, 2009 4:23 PM Hallmark Cards Raises Unique Defense to Paris Hilton's Right of Publicity Claim - That's Hot
August 14, 2009 12:53 PM Wine's "Full Bodied" Label Not To State Regulator's Liking
May 28, 2009 1:17 PM LANHAM ACT DAMAGES - What Is the Plaintiff's Burden?
May 8, 2009 11:53 AM An "F-word" Trademark Owners Should Avoid
April 29, 2009 11:37 AM When Product Resales Constitute Trademark Infringement
April 3, 2009 11:46 AM Keep On Rockin' In The Virtual World--Guitar Hero Videogame Does Not Infringe Gibson Guitar's Patent
March 25, 2009 4:38 PM Trademark Basics: Dilution
February 20, 2009 1:52 PM Ninth Circuit Blue-Pencils Non-Competition Agreement
February 4, 2009 6:32 PM "First Publication" Infringement Claims and Insurance Policy Exclusions
January 27, 2009 5:13 PM Class Action Certification Denied in Google Trademark Case
January 21, 2009 6:05 PM Stripper Idol Hits a Flat Note with Owners of American Idol
January 14, 2009 4:03 PM Metatags and Hidden Text - Hidden Trademark Infringement
December 29, 2008 4:51 PM Intellectual Property Basics
December 17, 2008 1:01 PM Christmas - A Time For Fruitcake and Infringement Actions
December 11, 2008 12:43 PM Trademark Infringement: Factors Considered in Consumer Confusion
November 11, 2008 3:43 PM Grand Theft Auto: Trademark Infringement and the First Amendment
October 22, 2008 7:05 PM PRESIDENTIAL POLITICS AND IP
September 23, 2008 8:39 PM Football's Voice of God Sues NFL Films for False Endorsement
August 13, 2008 5:36 PM Tiffany v. eBay: eBay Not Responsible for Counterfeit Goods
July 9, 2008 5:29 PM Internet Search Adwords: Are Your Trademarks Protected?
June 24, 2008 5:34 PM Court Couldn't Give A Quack About Generic Mark
March 26, 2008 11:25 PM Trademark Infringement: Factors Considered in Consumer Confusion
February 26, 2008 12:18 PM Lights, Camera, IP Issues...
February 21, 2008 12:12 PM A Fresh Look At Managing Intellectual Property
February 14, 2008 12:08 PM American Express Wins Trademark Battle Over "My life. My Card."
January 16, 2008 12:26 PM Election of Statutory Damages for Counterfeiting Bars Attorney's Fees
January 3, 2008 12:23 PM Trademark Infringement and the Importance of Establishing Likelihood of Confusion
January 1, 2008 12:36 PM In The 9th Circuit, May Not Be Worth It To Elect Statutory Damages In Trademark Counterfeiting Claim
November 23, 2007 12:48 PM Fantasy Sports League Hits It Out Of The Park In Challenging MLB's Ownership Of Player Statistics
November 21, 2007 12:30 PM Tiffany v. Ebay: Is Ebay Responsible for Trademark Infringement?
November 13, 2007 12:33 PM Is There Really Only Room For One "Bay" On The Internet?
October 16, 2007 3:57 PM It's Hammer Time at The USPTO
October 2, 2007 11:47 AM Disparage At Will, Just Don't Infringe - The Message From The Ninth Circuit In Freecycle
August 22, 2007 12:44 PM Experts and Summary Judgment
August 8, 2007 12:51 PM Act Now! - Or Lose Your Trade Dress Infringement Claim
July 31, 2007 12:56 PM Host A Website And Get Sued For Trademark Infringement - Possible Under California's Model Trademark Law.
May 9, 2007 9:06 PM Trademark Infringement: Factors Considered in Consumer Confusion
May 8, 2007 11:35 AM DEPARTING PARTNERS: IS THEIR NAME A PROTECTED TRADEMARK
March 27, 2007 1:10 PM The Academy Award's Oscar: Golden or Generic under Trademark Law
March 14, 2007 1:24 PM Ninth Circuit Adopts Lawful "Use in Commerce" Requirement for Trade Mark Priority
February 15, 2007 5:55 PM Will the Real Keith Urban Stand Up: A showdown in Cybersquatting
January 17, 2007 12:36 PM Settlement In Keyword / Trademark Dispute
January 9, 2007 12:28 PM Trademark Battle: Pop Star v. Porn Star
December 8, 2006 12:09 PM Congress Revises Law On Trademark Dilution
October 20, 2006 12:03 PM HOW TO PROTECT YOUR CLIENTS' IP
October 20, 2006 11:55 AM Lands' End May Put an End to Unusual Typosquatting
May 20, 2006 6:32 AM Modern Day Piracy Brings Fendi to Wal-Mart
October 7, 2005 5:41 PM Canada Adopts The First To File System For Trade-marks
February 17, 2005 3:34 PM Banks Muscle Through Their Own Trademark/Advertising Law

Privacy

December 16, 2011 8:17 PM Involved in Litigation? Be Careful What You Post Online
August 13, 2010 12:58 PM Social Networking Websites - Just How Private Are they?
August 6, 2010 1:17 PM Anonymous Online Video and Blog Posters Beware
October 16, 2009 11:20 AM The First Circuit Takes a Novel View of the Attorney Work Product Privilege
July 3, 2009 1:02 PM Ninth Circuit Ruling on Texting Provides Guidelines For The Marketing Industry
March 14, 2007 4:20 PM California Supreme Court Affirms Broad Immunity for Defamatory Republication on the Internet
January 2, 2007 12:33 PM Employers: You May Be Eligible for Immunity Under the Communications Decency Act
April 12, 2006 5:11 PM Your Cell Phone Is A Homing Beacon -Should The Government Be Allowed To Use It Without Showing Probable Cause?
February 8, 2006 12:40 AM The Attorney General's Google Search Comes Up Empty - So Far...Is Your Online Privacy At Stake?
March 23, 2005 7:54 AM Business Data Management Practices - Fertile Ground For Liability

Cyberspace Law

December 16, 2011 8:17 PM Involved in Litigation? Be Careful What You Post Online
December 9, 2011 8:26 PM Hollywood and Silicon Valley Spar Over Proposed "Stop Online Piracy Act"
August 15, 2011 6:03 PM The First Amendment and Anti-Trust False Advertising Injunctions
July 22, 2011 4:33 PM The Trouble With Torrents
December 22, 2010 5:49 PM Technicalities Surrounding Statutory Damages Under The Copyright Act Trigger Suit Against Law Firm Prosecuting Online Infringement Actions
November 12, 2010 5:43 PM The Ninth Circuit expands the scope of the Anticybersquatting Consumer Protection Act: cybersquatters may no longer use a domain name with a bad faith intent to profit from the protected mark by holding the domain name for ransom
April 6, 2010 12:21 AM Transfers of Information From The EU to the USA Must Comply with Enhanced Data Protection Protocols
March 3, 2010 4:51 PM Need To Enforce A Judgment? Levy A Domain Name.
January 20, 2010 12:39 PM Unwanted Text Messages Does Not Equal Computer Fraud and Abuse
August 7, 2009 6:43 PM MySpace Not Liable For Sexual Assault of its Users
June 12, 2009 12:13 PM Will An Antitrust Lawsuit Bring Down The Internet? CFIT v. VeriSign, Inc.
May 15, 2009 6:27 PM Barnes v. Yahoo!, Inc.: Immunity Under The Communications Decency Act
January 27, 2009 5:13 PM Class Action Certification Denied in Google Trademark Case
December 3, 2008 5:19 PM You Can't Buy Personal Jurisdiction On eBay
October 8, 2008 6:55 PM Plausibility - Is It The New Pleading Standard In Federal Courts?
September 18, 2008 8:31 PM
August 13, 2008 5:36 PM Tiffany v. eBay: eBay Not Responsible for Counterfeit Goods
July 15, 2008 5:06 PM Viacom V. Youtube: Are Our Internet Privacy Rights Really In Danger?
July 9, 2008 5:29 PM Internet Search Adwords: Are Your Trademarks Protected?
May 7, 2008 8:26 PM Google Loses Initial Cybersquatting Battle
January 23, 2008 12:30 PM E-DISCOVERY: ETHICAL RULES REMAIN UNCHANGED
November 23, 2007 12:48 PM Fantasy Sports League Hits It Out Of The Park In Challenging MLB's Ownership Of Player Statistics
November 13, 2007 12:33 PM Is There Really Only Room For One "Bay" On The Internet?
October 16, 2007 3:52 PM Blind Internet Users Victorious in Discrimination Action Against Website
September 6, 2007 12:04 PM Ninth Circuit Holds Modified Terms of Use Unenforceable Where User Not Properly Notified of the Changes
July 30, 2007 12:06 PM Interactive Websites May Lose Protection Under the Communications Decency Act
April 26, 2007 12:10 PM BREAKING NEWS - Court Concludes No Performance in Music Download
April 25, 2007 2:46 PM The Ninth Circuit Clarifies the "Safe Harbor" Provisions of the Digital Millennium Copyright Act
March 14, 2007 4:20 PM California Supreme Court Affirms Broad Immunity for Defamatory Republication on the Internet
February 15, 2007 5:55 PM Will the Real Keith Urban Stand Up: A showdown in Cybersquatting
January 17, 2007 12:36 PM Settlement In Keyword / Trademark Dispute
January 2, 2007 12:33 PM Employers: You May Be Eligible for Immunity Under the Communications Decency Act
October 20, 2006 11:55 AM Lands' End May Put an End to Unusual Typosquatting
August 1, 2005 8:43 AM The Grokster Decision- What Does It Really Mean?
June 27, 2005 9:00 AM Grokster May Be Held Liable
May 31, 2005 3:22 PM Will Complex Licensing Requirements Silence Independent Podcasting?
May 24, 2005 10:49 PM Viva la MP3
April 21, 2005 10:07 AM Are You Big In Canada?

Entertainment Law

December 9, 2011 8:26 PM Hollywood and Silicon Valley Spar Over Proposed "Stop Online Piracy Act"
July 1, 2011 4:50 PM The Supreme Court Shoots Down California's Violent Video Game Statute
February 24, 2011 5:07 PM No Doubt v. Band Hero - A Further Test of Celebrities Right of Publicity
January 6, 2011 6:32 PM "First Sale" doctrine allows radio disc jockeys and music critics who are provided with promotional CDs to resell such CDs without infringing the copyright holder's copyright in those CDs
December 22, 2010 5:49 PM Technicalities Surrounding Statutory Damages Under The Copyright Act Trigger Suit Against Law Firm Prosecuting Online Infringement Actions
September 25, 2009 4:23 PM Hallmark Cards Raises Unique Defense to Paris Hilton's Right of Publicity Claim - That's Hot
August 21, 2009 4:30 PM Taster's Choice - Appropriation of Likeness and the Statute of Limitations
July 3, 2009 1:02 PM Ninth Circuit Ruling on Texting Provides Guidelines For The Marketing Industry
September 30, 2008 8:57 PM Shameless Promotion: Watch Hulk Hogan's Celebrity Championship Wrestling on CMT
September 23, 2008 8:39 PM Football's Voice of God Sues NFL Films for False Endorsement
September 18, 2008 8:31 PM
July 15, 2008 5:06 PM Viacom V. Youtube: Are Our Internet Privacy Rights Really In Danger?
March 19, 2008 11:34 PM The Ninth Circuit Just Doesn't Like Karaoke
February 26, 2008 12:18 PM Lights, Camera, IP Issues...
November 23, 2007 12:48 PM Fantasy Sports League Hits It Out Of The Park In Challenging MLB's Ownership Of Player Statistics
April 26, 2007 12:10 PM BREAKING NEWS - Court Concludes No Performance in Music Download
January 30, 2007 12:30 PM Should Ripping Your Purchased DVDs Onto Your iPod Be Illegal? The Motion Picture Association Says "Yes!"
October 24, 2006 5:03 PM Copyright Office Clears the way for more Ringtones
May 24, 2005 10:49 PM Viva la MP3
April 26, 2005 3:25 PM U.S. Copyright Protection Still Available When Work Is In Public Domain Outside of U.S.

Web/Tech

December 16, 2011 8:17 PM Involved in Litigation? Be Careful What You Post Online
December 9, 2011 8:26 PM Hollywood and Silicon Valley Spar Over Proposed "Stop Online Piracy Act"
June 3, 2011 6:25 PM At Some Point, Litigation Must Come To an End
September 17, 2010 6:11 PM Online Ticket Resellers Immune Under the Communication Decency Act
February 19, 2010 11:52 AM The Seventh And Ninth Circuits Split On What Constitutes "Without Authorization" Within The Meaning Of The Computer Fraud And Abuse Act
September 18, 2009 4:18 PM Online Retailer Not Liable for Libelous User Posts
July 16, 2009 4:50 PM Updating California's Discovery Rules with the Electronic Discovery Act
January 27, 2009 5:13 PM Class Action Certification Denied in Google Trademark Case
December 3, 2008 5:19 PM You Can't Buy Personal Jurisdiction On eBay
January 2, 2007 12:33 PM Employers: You May Be Eligible for Immunity Under the Communications Decency Act
July 1, 2005 8:49 AM Early Stage Companies and Strategic Business Alliances
June 24, 2005 8:55 AM Just Say Yes! Supreme Court Ruling May Expand Availability and Variety of Drugs
June 15, 2005 10:43 AM High Tech Company Formation Requires Careful Consideration

Trade Secrets

November 22, 2011 4:49 PM Is Your Twitter Account a Trade Secret?
June 3, 2011 6:25 PM At Some Point, Litigation Must Come To an End
March 1, 2010 12:02 PM Trade Secrets, Bankruptcy and "Standing"
February 19, 2010 11:52 AM The Seventh And Ninth Circuits Split On What Constitutes "Without Authorization" Within The Meaning Of The Computer Fraud And Abuse Act
November 27, 2009 2:24 PM More Guidance On Pre-Discovery Trade Secret Disclosures
November 13, 2009 1:58 PM Identifying Trade Secrets with "Reasonable Particularity"
June 26, 2009 12:56 PM Bad Faith Trade Secret Claims and Attorney Fee Awards
May 20, 2009 2:15 PM G-Men's Interest in Hilton's Alleged Trade Secret Theft Highlights Importance of Trade Secret Policies
April 13, 2009 11:55 AM Threatened Misappropriation of Trade Secrets vs. Inevitable Disclosure Doctrine--When Is the Line Crossed?
March 31, 2009 11:36 AM Obvious, Within General Knowledge, and ... Trade Secret? An Update To The Disclosure Requirement of CCP 2019.210.
March 13, 2009 1:44 PM Trade Secrets and Preemption
August 20, 2008 5:39 PM Edwards v. Arthur Andersen LLP The Death of Non-Competition Agreements?
July 29, 2008 5:24 PM Third Party Trade Secret Misappropriation and the Statute of Limitations
May 22, 2008 8:30 PM Intentional Interference Claims and Preemption by the California Uniform Trade Secrets Act
December 11, 2007 12:20 PM Can A Company Go Too Far In Preventing Its Employees From Being Hired Away By Its Customers?
July 3, 2007 5:41 PM Caution Regarding "No-Hire" Provisions
April 10, 2007 4:21 PM The Ninth Circuit Expands Employer's Right to Sue Competitors Who Hire Away Their Employees
January 23, 2007 12:39 PM A Refresher on the Trade Secrets Doctrine, Part I
October 20, 2006 12:03 PM HOW TO PROTECT YOUR CLIENTS' IP
April 26, 2006 5:15 PM Clinical Trial Data Publication - And the FACT Act
November 1, 2005 5:35 PM Do's and Dont's of Confidentialty Agreements
September 23, 2005 6:39 PM Trade Secrets: Protection Best Practices

Speaking Engagements

November 8, 2011 11:58 AM Scott Hervey to Speak @ Wine Law Program
September 20, 2011 11:53 AM
August 31, 2010 11:13 AM Scott Hervey Presents to Association of Corporate Counsel
March 16, 2009 1:15 PM Brand Building in a Down Economy
September 30, 2008 8:57 PM Shameless Promotion: Watch Hulk Hogan's Celebrity Championship Wrestling on CMT
June 28, 2007 1:05 AM Scott Hervey Presents IP Strategies For Start-Up Companies To Entrepreneurship Academy
March 20, 2007 1:44 PM Scott Hervey and Mike Rodenbaugh, Senior Legal Director, Yahoo! Inc. Discuss Protecting Brands In World of Keyword Advertising
February 7, 2007 12:56 PM E Marketing and Privacy Law

About The Firm

July 22, 2004 6:19 PM About The Firm

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IP Law Blog Lawyers In The News

July 12, 2011 11:17 AM Swooshed Away
March 18, 2009 4:32 PM Scott Hervey quoted in Article About Client's New Clothing Line
November 23, 2008 2:21 PM What Do The IP Law Blog, Hulk Hogan and TMZ Have In Common?
September 30, 2008 8:57 PM Shameless Promotion: Watch Hulk Hogan's Celebrity Championship Wrestling on CMT
September 30, 2008 8:46 PM Scott Hervey Quoted in Ad Week
March 23, 2007 2:54 PM Scott Hervey Quoted in Internetnews.com
October 23, 2006 3:47 PM Scott Hervey on NPR
July 27, 2006 3:44 PM Scott Hervey on NPR
June 20, 2006 3:38 PM Scott Hervey quoted in Lawyers USA
December 8, 2004 3:14 PM Scott Hervey quoted in Wired news
May 26, 2003 3:34 PM Scott Hervey quoted in Boston Globe
May 1, 2003 3:02 PM Scott Hervey quoted in Wired news

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