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Home » Archive by Month

Article Archive for September 2011

Experience Has Made Me Rich, and Now They’re After Me, ‘Cause Everybody’s Living in a Material World: An Argument for Madonna
September 29, 2011 – 11:17 AM | 40765 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2011%2F09%2F29%2Fexperience-has-made-me-rich-and-now-theyre-after-me-cause-everybodys-living-in-a-material-world-an-argument-for-madonna%2FExperience+Has+Made+Me+Rich%2C+and+Now+They%27re+After+Me%2C+%27Cause+Everybody%27s+Living+in+a+Material+World%3A++An+Argument+for+Madonna2011-09-29+15%3A17%3A48Jeff+Kettlehttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D4076
Experience Has Made Me Rich, and Now They’re After Me, ‘Cause Everybody’s Living in a Material World:  An Argument for Madonna

Madonna hates the title of “Material Girl,” but wants the rights to it regardless. Despite losing her motion for summary judgment, the arguments for senior user status and lack of reverse confusion are convincing.

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Golan’s Mystery: What’s Wrong with Copyrighting Public Domain Works?
September 29, 2011 – 8:00 AM | 40688 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2011%2F09%2F29%2Fgolans-mystery-whats-wrong-with-copyrighting-public-domain-works%2FGolan%27s+Mystery%3A+What%27s+Wrong+with+Copyrighting+Public+Domain+Works%3F2011-09-29+12%3A00%3A52Jess+Robinsonhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D4068
Golan’s Mystery: What’s Wrong with Copyrighting Public Domain Works?

On October 5th, the Supreme Court will hear oral arguments for Golan v. Holder, in which the plaintiffs challenge the constitutionality of restoring copyright protection to certain foreign works. Without a circuit split and divisive interpretations of the case’s legal issues, why else would the Court have granted it certiorari?

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Apple Denied Rights to “Multi-Touch”
September 28, 2011 – 9:29 AM | 406311 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2011%2F09%2F28%2Fapple-denied-rights-to-%25e2%2580%259cmulti-touch%25e2%2580%259d%2FApple+Denied+Rights+to+%E2%80%9CMulti-Touch%E2%80%9D2011-09-28+13%3A29%3A42Seth+Dennishttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D4063
Apple Denied Rights to “Multi-Touch”

Apple was recently denied its trademark registration of the term “Multi-Touch.” The TTAB held that evidence suggested that the term was highly descriptive, and that Apple had failed to meet the high burden of proving that the term had acquired distinctiveness in relation to the company’s products and services.

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Time (70 Years) Is Money
September 28, 2011 – 9:22 AM | 40594 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2011%2F09%2F28%2Ftime-70-years-is-money%2FTime+%2870+Years%29+Is+Money2011-09-28+13%3A22%3A07Caroline+Goussehttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D4059
Time (70 Years) Is Money

The European Union directive of September 12, 2011 extends the term on copyright from 50 to 70 years, and reduces the difference as to the financial incentive for creation between authors and (American) performers.

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Click on, Amazon: Online Retailer Wins 1-Click Infringement Appeal
September 28, 2011 – 7:32 AM | 40543 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2011%2F09%2F28%2Fclick-on-amazon-online-retailer-wins-1-click-infringement-appeal%2FClick+on%2C+Amazon%3A+Online+Retailer+Wins+1-Click+Infringement+Appeal2011-09-28+11%3A32%3A37Jonathan+Stroudhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D4054
Click on, Amazon: Online Retailer Wins 1-Click Infringement Appeal

In an appeal from a complex lower-court decision finding Amazon.com was infringing with its online checkout system, the Federal Circuit ruled that Amazon infringed but that the challenging patent was invalid, in a ruling that …

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Isis Pharmaceuticals Files Lawsuit Against Santaris
September 27, 2011 – 8:00 AM | 40494 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2011%2F09%2F27%2Fisis-pharmaceuticals-files-lawsuit-against-santaris%2FIsis+Pharmaceuticals+Files+Lawsuit+Against+Santaris2011-09-27+12%3A00%3A46Amer+Rajahttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D4049
Isis Pharmaceuticals Files Lawsuit Against Santaris

On September 22, 2011, Isis Pharmaceuticals, Inc. filed a lawsuit against Santaris Pharmaceuticals in the Southern District of California alleging patent infringement.  The complaint alleges that Santaris’s use of antisense technology infringes on the patents …

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The Early Bird Catches the Worm or Does It? : How the America Invents Act Changes U.S. Patent law
September 26, 2011 – 10:15 AM | 40432 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2011%2F09%2F26%2Fthe-early-bird-catches-the-worm-or-does-it-how-the-america-invents-act-changes-u-s-patent-law%2FThe+Early+Bird+Catches+the+Worm+or+Does+It%3F+%3A+How+the+America+Invents+Act+Changes+U.S.+Patent+law2011-09-26+14%3A15%3A01Yeve+Chitigahttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D4043
The Early Bird Catches the Worm or Does It? : How the America Invents Act Changes U.S. Patent law

The new Patent Reform Act was signed into legislation this month. This article aims to shed some light on how some of its proponents and opponents have reacted.

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US Chamber of Commerce’s “The Innovation Lifecycle” and the New Economy
September 25, 2011 – 10:59 AM | 40392 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2011%2F09%2F25%2Fus-chamber-of-commerce%25e2%2580%2599s-%25e2%2580%259cthe-innovation-lifecycle%25e2%2580%259d-and-the-new-economy%2FUS+Chamber+of+Commerce%E2%80%99s+%E2%80%9CThe+Innovation+Lifecycle%E2%80%9D+and+the+New+Economy2011-09-25+14%3A59%3A50JJ+Gottschalkhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D4039
US Chamber of Commerce’s “The Innovation Lifecycle” and the New Economy

The US Chamber of Commerce recently released an interactive online presentation called “The Innovation Lifecycle” which they hope will help educate Americans about the importance of IP protection.

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Edgenet, Inc. v. Home Depot: Edgenet gets the hammer
September 25, 2011 – 8:00 AM | 40287 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2011%2F09%2F25%2Fedgenet-inc-v-home-depot-edgenet-gets-the-hammer%2FEdgenet%2C+Inc.+v.+Home+Depot%3A+Edgenet+gets+the+hammer2011-09-25+12%3A00%3A25Elizabeth+Shenhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D4028
Edgenet, Inc. v. Home Depot: Edgenet gets the hammer

Edgenet, Inc. v. Home Depot was decided on September 2, 2011. The Seventh Circuit had little trouble with this decision for Home Depot but this case is one of many that act as a good reminder to act carefully when drafting those contracts.

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Chanel Claims Trademark Infringement by Hundreds of Websites Selling Counterfeit Goods
September 24, 2011 – 1:18 PM | 402610 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2011%2F09%2F24%2Fchanel-claims-trademark-infringement-by-hundreds-of-websites-selling-counterfeit-goods%2FChanel+Claims+Trademark+Infringement+by+Hundreds+of+Websites+Selling+Counterfeit+Goods2011-09-24+17%3A18%3A42Sarah+Zuccohttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D4026
Chanel Claims Trademark Infringement by Hundreds of Websites Selling Counterfeit Goods

Luxury retailer Chanel, Inc. files trademark suit to stop the sale of counterfeit goods bearing their name and mark not on the streets, but online.

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Page 1 of 3123»

Copyright »

Appropriating Sid Vicious

Appropriating Sid Vicious

Mr. Brainwash’s works recently joined the increasing number of cases on appropriation art after photographer Dennis Morris sued the street artist for use of his 1977 picture of Sid Vicious.

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Patents »

Bowman Decision a Win for Big Business

Bowman Decision a Win for Big Business

Shortly after the oral arguments between Monsanto and Bowman, WCL hosted both parties for a post argument discussion. Recently the Supreme Court ruled on the case, requiring annual purchases of Monsanto’s soybeans.

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Trademark »

Supreme Sues Married to the Mob for $10 Million

Supreme Sues Married to the Mob for $10 Million

Supreme, one of the most coveted skate-inspired clothing brands, is suing women’s clothing brand Married to the Mob and its founder Leah McSweeney for trademark infringement to the tune of $10 million.

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