Greenspoon Marder LLP

DECEMBER 30, 2012

By: Sharon Urias, Esq. In January 2012, Eastman Kodak, the 131-year-old film pioneering company, filed for bankruptcy protection. Kodak was once one of America’s most notable companies, but has faltered in recent years due to the onset of digital photography, that has basically done away with the demand for traditional film. In a last ditch attempt to raise cash, Kodak announced in July that it will be selling its digital imaging patents as part of its bankruptcy proceedings.

Patent 52

Patent Patent Infringement Licensing Litigation 52

Patentably Defined

OCTOBER 22, 2012

The USPTO’s Manual of Patent Examining Procedure (MPEP) includes many interesting but somewhat obscure provisions. One of the more useful examples of these provisions is § 707.02. Section 707.02 of the MPEP essentially imparts “special” status to older cases and cases in which a third Office action has been issued. Special status gives an application priority on an Examiner’s docket.

Invention 40

Invention Patent Art Trademark 40

Copycense

OCTOBER 11, 2012

In September 2011, the Authors Guild, various international authors' rights organizations and one dozen individual authors sued HathiTrust, Cornell, and the presidents of the universities of Michigan, California, Wisconsin and Indiana, claiming that HathiTrust's online storage, searchability and public availability of a digital corpus developed as part of the Google Books scanning project constituted copyright infringement.

Fair Use 40

Fair Use Copyright Infringement Copyright Higher Education 40

Greenspoon Marder LLP

DECEMBER 9, 2012

By: Sharon Urias, Esq. CFA Properties, Inc., the parent company of Chick-fil-A, lost its fight to close down the parody website ChickfilaFoundation.com for trademark infringement. The World Intellectual Property Organization (WIPO) heard the case and ruled the parody website to be a legitimate criticism of the restaurant’s anti-gay stance. Chick-fil-A was in the national spotlight earlier this year for owner Dan Cathy’s stance against gay marriage.

Intellectual Property 52

Intellectual Property Trademark Law Trademark Registration 52

Speaker: Blackberry, OSS Consultants, & Revenera

Software is complex, which makes threats to the software supply chain more real every day. 64% of organizations have been impacted by a software supply chain attack and 60% of data breaches are due to unpatched software vulnerabilities. In the U.S. alone, cyber losses totaled $10.3 billion in 2022. All of these stats beg the question, “Do you know what’s in your software?

Technology

Greenspoon Marder LLP

NOVEMBER 25, 2012

By: Sharon Urias, Esq. Coach, the luxury handbag manufacturer, began Operation Turnlock in 2009, an anti-counterfeiting campaign. Since the inception of Operation Turnlock, Coach has had success and received monetary awards against the knock-off artists who have been selling counterfeit Coach handbags. Just in July of this year, a mother and daughter team of counterfeiters were hit with a $44 million judgment, and their operation was shut down by a Manhattan judge for trademark infringement.

Trademark 52

Trademark Settlement Brands Branding 52

Greenspoon Marder LLP

OCTOBER 28, 2012

By: Sharon Urias, Esq. A student from Thailand whose search for inexpensive college textbooks has now led to a legal battle involving federal copyright law that could determine the legal rights of Americans to sell thousands of used products on eBay, Craigslist and at garage sales and flea markets, as well. When Supap Kirtsaeng came from Thailand to attend college in the United States, he was shocked by the high price of textbooks.

Copyright 52

Copyright Copyright Law Marketing Marketing 52

Greenspoon Marder LLP

OCTOBER 14, 2012

By: Sharon Urias, Esq. For over a year Christian Louboutin, a famous French shoemaker, has been engaged in a lawsuit with French designer Yves Saint Laurent over Louboutin’s red-sole designer shoes. For over twenty years, Louboutin has been painting the soles of its pricey women’s shoes a lacquered red, which has made the shoes recognizable from quite a distance and highly coveted and popular, as well.

Designs 52

Designs Design Trademark Brands 52

Greenspoon Marder LLP

SEPTEMBER 20, 2012

By: Sharon Urias, Esq. In April 2011, Apple Inc. filed its patent infringement lawsuit against Samsung demanding $2.5 billion from its smart phone competitor. Samsung lawyers said the company was simply and legally giving consumers what they wanted: Smart phones with big screens. They also said that Samsung did not violate any of Apple’s patents in designing the company’s smart phones.

Patent Infringement 52

Patent Infringement Brands Branding Branding 52

Greenspoon Marder LLP

NOVEMBER 30, 2012

By: Sharon Urias, Esq. On November 27, the U.S. Immigration and Customs Enforcement (ICE) seized 132 counterfeit websites in its ‘Cyber Monday’ crackdown. Sites that were seized included those that sold clothing, jewelry, sporting goods, DVD’s, music, software and luxury goods. The Examiner reports this is the third year that ICE and European countries have worked together on ‘Cyber Monday’ to shut down websites that sell counterfeit goods to consumers.

Government 40

Government Intellectual Property Trademark Copyright Infringement 40

Greenspoon Marder LLP

NOVEMBER 11, 2012

By: Sharon Urias, Esq. There has been a trademark battle raging for more than a year-and-a-half over the term “App Store.” When some consumers hear the term, they think of Apple’s iTunes section for apps; however, when others hear the term, they see it as a more generic term for application store. Apple filed a trademark lawsuit against Amazon over the “App Store” term claiming they have excusive rights to the term.

Trademark 40

Trademark 40

Advertiser: IPO

Women and diverse employees have the technical skill and knowledge, yet their contributions are not patented at the same rate as those of their male counterparts.This toolkit can help organizations move the needle on achieving gender parity in innovation.

Patent

Patentably Defined

AUGUST 20, 2012

INTRODUCTION. Applicants who qualify as small entities as defined by 37 CFR 1.27(a) enjoy a 50% reduction in most government fees. And, in most cases, a small entity applicant remains a small entity throughout the prosecution of an application. This is not always the case, however. Through growth, acquisition, or sale, it is not uncommon for a small entity applicant to no longer meet the requirements for small entity status.

Government 40

Government Patent Law 40

Copycense

JULY 1, 2012

In an article published earlier this year, University of Wisconsin-Milwaukee professor Sandra Braman defined “information policy” as positions and practices that concern the creation, processing, flows, access and use of information. The term certainly includes content, much of which is subject to protection under this nation’s Copyright Act, and the telecommunication pipes through which that […].

Publishing 40

Publishing Copyright Business Music 40

Patentably Defined

JUNE 7, 2012

INTRODUCTION. The provisions of 35 U.S.C. § 103 limit patent protection to claimed subject matter that would have been nonobvious to a “person of ordinary skill” in the claimed field of endeavor at the time of filing. This person of ordinary skill is a hypothetical construct – an ordinarily skilled artisan who is presumed to possess ordinary creativity and to be aware of all prior art in his field of endeavor, as well as prior art that is relevant to the problem addressed by the claimed inventio

Art 40

Art Inventor Invention Patent 40

Copycense

JUNE 1, 2012

“I’m as mad as hell and I’m not going to take this anymore!’ Things have got to change. But first, you’ve gotta get mad!” — Howard Beale, Network (1976) 2011 will be known as the year of the occupation, with Occupy Wall Street being the most recognizable of the protest movements. Started in September in […].

Copyright 40

Copyright 40

Copycense

MAY 14, 2012

This article discusses the impact of a the recent federal district court decision [pdf] that, for the first time, provides colleges and university with some guidance on the use of copyrighted works for instructional purposes. Case Summary In April 2008, Cambridge University Press, Sage Publications and Oxford University Press sued officials at Georgia State University […].

Publishing 40

Publishing Copyright Fair Use 40

Copycense

MARCH 5, 2012

Librarians who pay attention to copyright long have believed (and have been taught) that the the law’s fair use and library preservation provisions work cooperatively (if not simultaneously) to allow libraries and archives the opportunity to use limited portions of protected works without requiring the owner’s permission, and without having to pay a license fee […].

Fair Use 40

Fair Use Licensing Copyright Publishing 40

Copycense

NOVEMBER 1, 2012

Colleges and universities, however, have a major trump card to play to reduce the costs of higher education: they can reverse their longstanding custom against claiming work made for hire status. Instead, they could claim copyright ownership in scholarship as a way to avoid the scholarly publications crisis, and at once, justify this policy change as a way to cut the costs of education.

Higher Education 40

Higher Education Copyright Ownership 40