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Article Archive for August 2010

The House Always Wins: New York-New York Hotel & Casino, LLC v. Ronnie Katzin
August 31, 2010 – 12:25 PM | 10163 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2010%2F08%2F31%2Fthe-house-always-wins-new-york-new-york-hotel-casino-llc-v-ronnie-katzen%2FThe+House+Always+Wins%3A+New+York-New+York+Hotel+%26+Casino%2C+LLC+v.+Ronnie+Katzin2010-08-31+17%3A25%3A46Gregory+Reyeshttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D1016
The House Always Wins: New York-New York Hotel & Casino, LLC v. Ronnie Katzin

The words New York, New York inspire various thoughts in people, from the classic song performed by Frank Sinatra, to the picturesque view of the Manhattan skyline.  Few would associate those words with trademark litigation.  …

Biometrics to Foster Consumer Protection: A Double-Edged Sword
August 29, 2010 – 8:56 PM | 9793 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2010%2F08%2F29%2Fbiometrics-to-foster-consumer-protection-a-double-edged-sword%2FBiometrics+to+Foster+Consumer+Protection%3A+A+Double-Edged+Sword2010-08-30+01%3A56%3A28Carolina+Rizzohttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D979
Biometrics to Foster Consumer Protection: A Double-Edged Sword

Apple recently filed for a patent to include biometrics protection on their devices (iPhone, MacBook, iPad, etc.). The objective? To discover the identity of the user so as to protect the device—or specifically the information …

Snooky-1, Snooki- 0
August 29, 2010 – 8:50 PM | 9852 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2010%2F08%2F29%2Fsnooky-1-snooki-0%2FSnooky-1%2C+Snooki-+02010-08-30+01%3A50%3A04Nina+Mantillahttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D985
Snooky-1, Snooki- 0

Nicole “Snooki” Polizzi from MTV’s The Jersey Shore, a reality show that chronicles the party antics of some of New Jersey’s finest youths, has been through a lot recently.  So naturally, when I heard that …

Unit License Rights and the Rise of IP Finance
August 29, 2010 – 8:46 PM | 9833 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2010%2F08%2F29%2Funit-license-rights-and-the-rise-of-ip-finance%2FUnit+License+Rights+and+the+Rise+of+IP+Finance2010-08-30+01%3A46%3A46JJ+Gottschalkhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D983
Unit License Rights and the Rise of IP Finance

The world’s first patent exchange is set to open in the near future, with initial listees to be named next month according to IAM magazine. IPXI, or Intellectual Property Exchange International, will be “a marketplace …

In Intervet v. Merial, the Court of Appeals for the Federal Circuit Highlights the Critical Role Proper Markman Rulings play in Biotech Patent Infringement Cases
August 29, 2010 – 8:46 PM | 974No Commenthttp%3A%2F%2Fwww.ipbrief.net%2F2010%2F08%2F29%2Fin-intervet-v-merial-the-court-of-appeals-for-the-federal-circuit-highlights-the-critical-role-proper-markman-rulings-play-in-biotech-patent-infringement-cases%2FIn+%3Ci%3EIntervet+v.+Merial%3C%2Fi%3E%2C+the+Court+of+Appeals+for+the+Federal+Circuit+Highlights+the+Critical+Role+Proper+%3Ci%3EMarkman%3C%2Fi%3E+Rulings+play+in+Biotech+Patent+Infringement+Cases2010-08-30+01%3A46%3A05James+Lafavehttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D974
In <i>Intervet v. Merial</i>, the Court of Appeals for the Federal Circuit Highlights the Critical Role Proper <i>Markman</i> Rulings play in Biotech Patent Infringement Cases

At issue was Merial’s patent of isolated DNA sequences from a previously unknown pathogenic porcine coronavirus (PCV).  Merial differentiated four strains of PCV-2 (pathogenic) with 96% sequence homology, from a strain of PCV-1 (nonpathogenic) that …

Netflix and Friends ask the Federal Circuit for a New Old Standard in Awarding Attorneys’ Fees to Successful Patent Defendants
August 28, 2010 – 4:39 PM | 929No Commenthttp%3A%2F%2Fwww.ipbrief.net%2F2010%2F08%2F28%2Fnetflix-and-friends-ask-the-federal-circuit-for-a-new-old-standard-in-awarding-attorneys%25e2%2580%2599-fees-to-successful-patent-defendants%2FNetflix+and+Friends+ask+the+Federal+Circuit+for+a+New+Old+Standard+in+Awarding+Attorneys%E2%80%99+Fees+to+Successful+Patent+Defendants2010-08-28+21%3A39%3A31Mark+Tratoshttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D929
Netflix and Friends ask the Federal Circuit for a New Old Standard in Awarding Attorneys’ Fees to Successful Patent Defendants

Over the past decade, damages awarded in patent litigation have risen to an unprecedented level. [ ] As the potential infringement damages have increased, so has the cost of conducting the trial. …

Fall 2010 Blogger Positions Available
August 26, 2010 – 9:01 AM | 904No Commenthttp%3A%2F%2Fwww.ipbrief.net%2F2010%2F08%2F26%2Ffall-2010-blogger-positions-available%2FFall+2010+Blogger+Positions+Available2010-08-26+14%3A01%3A00Eric+Perrotthttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D904
Fall 2010 Blogger Positions Available

Are you interested in intellectual property law issues? Want to be on a WCL publication? Blog for The American University Intellectual Property Brief!
As a Blogger, you will write short blog entries about the latest IP …

LOGORAMA: The Great Trademark Heist
August 24, 2010 – 5:28 PM | 9104 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2010%2F08%2F24%2Flogorama-the-great-trademark-heist%2FLOGORAMA%3A+The+Great+Trademark+Heist2010-08-24+22%3A28%3A36Rose+Lawrencehttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D910
LOGORAMA: The Great Trademark Heist

In 2010 the Academy Award for Best Animated Short Film went to LOGORAMA, a 16-minute film by French collective H5.  H5 used over 3,000 trademarked logos and mascots without permission as backgrounds, plots and characters.  …

Judge to Inventor: You Can’t Trademark a Circle
August 22, 2010 – 9:49 PM | 890No Commenthttp%3A%2F%2Fwww.ipbrief.net%2F2010%2F08%2F22%2Fjudge-to-inventor-you-can%25e2%2580%2599t-trademark-a-circle%2FJudge+to+Inventor%3A+You+Can%E2%80%99t+Trademark+a+Circle2010-08-23+02%3A49%3A01Eric+Perrotthttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D890
Judge to Inventor: You Can’t Trademark a Circle

Although his invention was “the most radical beach fashion since the bikini,” Clemens Franek was denied a trademark on his circular beach towel in a ruling by the 7th Circuit Court of Appeals. More than …

Is that a Mercedes? No, it is a Hyundai in Sheep’s Clothing.
August 22, 2010 – 9:44 PM | 8867 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2010%2F08%2F22%2Fis-that-a-mercedes-no-it-is-a-hyundai-in-sheep%25e2%2580%2599s-clothing%2FIs+that+a+Mercedes%3F+No%2C+it+is+a+Hyundai+in+Sheep%E2%80%99s+Clothing.+2010-08-23+02%3A44%3A39Nina+Mantillahttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D886
Is that a Mercedes? No, it is a Hyundai in Sheep’s Clothing.

I drive a Saturn coupe that sports a very awkward, outdated trend: three doors. If the number of doors confuses you, don’t feel bad, you’re not the only one.  This means I am always on …

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Copyright »

Go North, Young Bill: The SOPAfication of Canada

Go North, Young Bill: The SOPAfication of Canada

Despite the tremendous opposition to SOPA and PIPA in the United States, lobbyists are pushing Canada to incorporate SOPA-like provisions into Bill C-11, Canada’s latest attempt to toughen their copyright protections. Michael Geist, a Canadian …

More articles »

Patents »

Kodak: An Example of What Not to do With Your Patents.

Kodak: An Example of What Not to do With Your Patents.

Kodak has been buying up patents for a technology that competes with its old film technology in order to keep its dying film market alive. However, its impending bankruptcy most likely means that only the patents it holds can save it.

More articles »

Trademark »

The Power of Red: The Shoe Showdown Between Louboutin and Yves Saint Laurent

The Power of Red: The Shoe Showdown Between Louboutin and Yves Saint Laurent

Louboutin appeals a trial court’s decision to not enforce protection for his trademarked red soles. The trial court’s decision and the appeal highlight some interesting issues surrounding color trademark protection. The appellate court should not grant Louboutin trademark protection of his red soles because it could impermissibly hurt competition.

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