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Searching Content indexed under Intellectual Property by McLane Middleton, Professional Association ordered by Published Date Descending.
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1
Can My Business Ignore A 'Cease And Desist' Order For Patent Infringement?
My company has received a "cease and desist" order accusing patent infringement. I don't think it has any merit. Can I safely ignore it?
United States
8 Aug 2019
2
What To Do When Your Business Is Accused Of Patent Infringement
Several large verdicts for patent infringement against household names such as Apple, Groupon and Samsung illustrate the potentially severe consequences that companies face
United States
21 Jun 2019
3
Are Trademark Screening Searches Worth The Expense?
Question: I am in the process of developing a trademark for my brand. I have been told that the cost of conducting a preliminary screening or knockout search and the cost for filing ...
United States
3 Apr 2019
4
Legal Fees Generally Aren't Recoverable
A. Although it depends on the particular factual circumstances, generally speaking, legal fees are not recoverable in the majority of litigation proceedings.
United States
23 Oct 2018
5
Who Owns Intellectual Property Created By Employees?
A: It is widely assumed that when someone is hired to create a work product, intellectual property rights will be owned by the hiring party.
United States
15 Oct 2018
6
Developments On The Massachusetts Non-Compete Front
There has been a flurry of activity on Beacon Hill in recent years concerning the law of post-employment restrictive covenants in Massachusetts, where common law has for well over a century favored the enforcement...
United States
5 Sep 2018
7
New State Trade Secret Law Was Nearly A Secret Itself
When the Governor signed a recent appropriations bill passed by the House and the Senate during the last days of the most recent legislative session, the bill contained a version of the Uniform Trade Secrets Act.
United States
29 Aug 2018
8
Do "Vandals" Have Protectable Copyrights In Street Art?
One of the latest battles over the rights to "unlawful" graffiti comes from fast fashion brand H&M, over advertising photographs and video that captured the artwork of Los Angeles-based graffiti artist..
United States
21 Jun 2018
9
Beware Of Online Copyright Trolls
For my business' website, I often use fairly generic photos I find on Google Images or other internet sites. So long as the photos I use do not have the © notice, am I safe from claims of copyright infringement?
United States
27 Mar 2018
10
Buying Art Doesn't Mean You Own Rights
The simple act of payment does not mean you own all rights, title and interest in artwork or other copyrightable work.
United States
27 Feb 2018
11
Colors Can Become Trademarks For Some
I recently read in this paper that Tough Mudder stopped a local rotary from using the color orange to promote its annual charity run because Tough Mudder owns a federal trademark relating to the color orange.
United States
26 Jul 2017
12
3 Big Trademark Considerations For Startups
Picture this: you are ready to launch your new business, you've picked a name/mark that you feel represents the soul of your company...
United States
12 Jul 2017
13
Beware Of Facilitating Counterfeiting And Trademark Infringement
It is common knowledge that those who manufacture or sell counterfeit goods may face both criminal and civil liability.
United States
27 Jun 2017
14
Domain, Trademark - Two Different Things
Even though your trademark and your domain name may be the same word or phrase, it's important to understand that they are completely different things.
United States
28 Apr 2017
15
New Federal Trade Secret Act Comes With Notice Requirements For Companies
On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016 (DTSA).
United States
20 May 2016
16
Commentary: Federal Circuit Delays Launch Of First U.S. Biosimilar
On July 21 the U.S. Court of Appeals for the Federal Circuit issued an opinion interpreting key provisions of the Biologics Price Competition and Innovation Act of 2009 in Amgen, Inc. v. Sandoz, Inc.
United States
17 Sep 2015
17
Trademark Genericide: Lessons As Close As Your Driveway
After a US removal firm won $62m in damages in a genericide case, McLane, Graf, Raulerson & Middleton’s Beverly E Hjorth reviews how to build a strong brand.
United States
10 Dec 2014
18
How Should I Respond To A Claim Of Patent Infringement?
Q: My company recently received a letter alleging patent infringement and demanding payment for use of commercially available technology.
United States
23 Sep 2014
19
Copyright Protection
"I am a freelance writer, and I understand I automatically have copyright protection for works that I author."
United States
20 May 2014
20
Copyright Infringement Or Legal Fair Use?
My company subscribes to various technical journals. We often copy pertinent articles and distribute copies to our employees for their reference
United States
27 Feb 2014
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