IP Litigator articles from June 2002

IP Litigator archives from June 2002

Federal criminal law and the prosecution of intellectual property theft.
June 1, 2002... Intellectual property (IP) theft is an enormous enterprise costing industries billions of dollars annually and accounting for considerable loss of employment. The most recent annual survey, conducted by the Computer Security Institute in...

Likelihood of dilution.(brand name products)
June 1, 2002... What would happen in a world in which consumers suddenly saw Dupont shoes in their department stores, Buick aspirin in their local outlets of a national drugstore chain, and Kodak pianos for sale in the music store windows? In all likelihood,...

Developments in trade secret law.
June 1, 2002... Trade secret litigation, an area that always produces a number of interesting decisions, shows continuous growth and change in the law. This was evident during the past year, with cases ranging from an Ohio court's rejection of the doctrine...

Computer litigation. (patent claims for "graffiti" symbols)
June 1, 2002... Defective Factual Predicates: After the Collision In the April issue, we discussed Xerox Corp. v. 3Com Corp. [Fed. Cir., No. 00-1464, 10/05/01], in which the US Court of Appeals for the Federal Circuit reversed the district court's...

Trade secret litigation.
June 1, 2002... The Goldilocks Defendant: When Somebody Else Has Patented Your Trade Secret A trade secret plaintiff may need to reach beyond the standard remedies under the Uniform Trade Secrets Act (UTSA) when its misappropriated trade secret is...

Ninth Circuit clarifies what constitutes "nominative" trademark use in cyberspace. (Brief Article)
June 1, 2002... Ninth Circuit Clarifies What Constitutes "Nominative" Trademark Use in Cyberspace The use of another's trademark to identify that entity's goods or services, as opposed to one's own, is considered "nominative use" and, absent proof of...

Congress prepares to devote resources to fight theft of U.S. intellectual property. (Brief Article)
June 1, 2002... Congress Prepared to Devote Resources to Fight Theft of US Intellectual Property These days, Congress' agenda seems filled with issues arising from the war on terrorism Enron's collapse. Despite these concerns, US intellectual property...

Third party's "have made" rights unmake patent damages. (Brief Article)
June 1, 2002... Third Party's "Have Made" Rights Unmake Patent Damages US patents "have the attributes of personal property." [35 U.S.C. [section] 261.] Thus, a patentee has the fight to convey to a party any of the exclusionary fights provided by its...

How not to navigate a domain name dispute.
June 1, 2002... How Not to Navigate a Domain Name Dispute A recent controversy over the domain name cello.com made as many stops along the legal circuit as Yo Yo Ma has on a concert tour--from federal court, to a Uniform Domain Name Dispute Resolution...