Landslide

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Latest documents

• Repurposed Foul Lines after Google v. Oracle

  While the litigation is finally over, the U.S. Supreme Court decision should have a lasting impact on the proper approach for determination, substantively and procedurally, of the fair use defense in copyright litigation.

• Keeping the Secret Mix a Secret
• Patent Practitioners' Changing Role in Drafting Documents

  From handwritten to auto-transcribed patent documents, practitioners’ everevolving role in document preparation is taking on a new dimension as the possibilities advance in automated patent content generation.

• The Last Breakfast with Aunt Jemima

  Companies have taken the unprecedented step of abandoning iconic trademarks founded on racial stereotypes, demonstrating that more than source identification is in play in the trademark landscape.

• Effectiveness of Examiner Interviews

  A review of patent applications from 2007 to mid-2020 establishes that examiner interviews dramatically reduce the number of office actions required to reach either allowance or abandonment.

• Emerging Horizons in CBD Trademarks

  In the wake of the 2018 Farm Bill, cannabidiol trademark prosecution remains functionally impossible, but emerging legislation seeks to remedy the problem.

• Are Patents Property That Is Protected by the U.S. Constitution?

  Courts have held that patents are a special kind of unique property not entitled to the full scope of protection accorded to property under the Fifth Amendment.

• Decisions in brief
• Perspectives on DE&I: Candid Thoughts from the Field

  Leading diverse intellectual property lawyers share their thoughts on and tips for increasing diversity, equity, and inclusion in intellectual property law.

• Increasing Access to Justice: The New Copyright Claims Board

  Growing concern over the costs of enforcing copyrights led to the creation of a new entity to adjudicate small copyright claims, but several barriers may hinder the entity’s success in improving access to justice.

Featured documents

• From Gamers to the Runway: Brand Protection for Digital Fashion

  Several different stakeholders may be involved in the creation of a digital garment. Collaborators must be clear about who owns what intellectual property and the risks that may arise out of such collaborations....

• BIG MAC EU Trademark Revoked for Nonuse

  A recent EUIPO decision highlights that no matter how well known or extensively used a trademark is, the evidence alone must be sufficient to establish genuine use....

• Arbitration in the Age of Amazon

  Resolution of IP disputes remains a challenge for online e-commerce marketplaces. One industry leader is piloting an arbitration proceeding for resolving utility patent disputes on its platform....

• 16 Patent Portfolio Budgeting

  What does a patent cost from end-to-end, and how does that translate to what a patent portfolio will cost? Counsel often has optimistic pricing that doesn’t look over the entire life cycle....

• Value and Risk Considerations for Intellectual Property Collateral

  As companies leverage the value of their intellectual property beyond simple utilization in providing products or services, understanding perfection of security interests and due diligence are key....

• Influencers: What Every Brand and Legal Counsel Should Know

  While influencer programs serve as valuable marketing tools, they can present legal challenges if not properly structured and monitored. Brands should clarify influencer disclosure obligations, train employees, and encourage compliant campaigns....

• The USPTO Has Enacted the Trademark Modernization Act: But Now What?

  New ex parte proceedings have the potential to alleviate the trademark register of registrations that are not currently in use, but their effectiveness remains to be seen....

• Tax Basics of Intellectual Property

  U.S. federal tax considerations over the life cycle of intellectual property are numerous and depend upon several factors, including whether the intellectual property was selfcreated or acquired, and whether the taxpayer’s objective is to use the intellectual property in a business or transfer it...

• Attorney-Client Privilege for In-House Counsel

  This article provides an overview of attorney-client privilege issues facing in-house counsel and practical guidance on how to address privilege issues in the corporate setting....

• One Crack and an 'Evisceration': The Current State of the DMCA's Safe Harbor

  While the bedrock of DMCA protection for ISPs remains strong, cracks are beginning to form as a result of the natural evolution of ISPs and the tendency of some to push the limits of acceptable behavior proscribed by §512(c). This article examines recent case law and the potential erosion of these...