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Pun Marks are Fun Marks! Then Why is Chewy Vuiton OK, But Not Ben & Cherry’s?

November 25, 2013
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by Jamie Fitzgerald Last year a California porn studio, Caballero Video, paid dubious homage to Ben & Jerry’s®   (“B&J”) when it launched a “Ben & Cherry’s” film series.  Even the less explicit titles in the series, such as BOSTON CREAM THIGH and HAIRY GARCIA, (a la B&J’s BOSTON CREAM PIE and CHERRY GARCIA®), evidence an [...]

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3D Printing and Utility Patents: Will 3D Printers Lead to Widespread Infringement of Utility Patents?

September 11, 2013
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by Kevin McGrath This article is the next in a series of posts discussing IP issues surrounding 3D printing.  As discussed in the last post, some types of 3D printing technology have become affordable enough for home use.  This has led to increased concerns that the printers’ capability to make “perfect replicas” will lead to [...]

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Protecting Your Brand by Registering with the New gTLD Trademark Clearinghouse

August 21, 2013
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By Cathleen Stadecker Why a new Trademark Clearinghouse? In June of last year, the Internet Corporation for Assigned Names and Numbers (ICANN) announced it had received nearly 2,000 applications for approximately 1,400 unique new gTLDs or “strings,” for example .app, .llc, .auto, .realty, and .law. This is a huge number compared to the 22 gTLDs [...]

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Fractured Federal Circuit Invites the Supreme Court to Once Again Weigh In On Patentable Subject Matter – What Computer Software Patent Applicants Should Do in the Interim

May 28, 2013
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By Kevin McGrath On May 10, 2013, the Federal Circuit issued its en banc decision in CLS Bank International et al. v. Alice Corporation Pty, Ltd., (2011-1301).  At a high level, the issue in CLS Bank was whether software, business method, financial system, and some computer implemented inventions are eligible to even be considered for [...]

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Vermont Approves Legislation Prohibiting Bad Faith Patent Infringement Claims

May 23, 2013
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By Peter Kunin The Vermont House and Senate have approved a first-in-the-nation bill that provides a legal tool for Vermont companies who face extortionate claims of patent infringement from “patent trolls.”  In brief, the legislation gives Vermont companies the ability to bring a lawsuit against patent owners who – acting in bad faith — threaten [...]

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Will Patent Classification Harmonization Based On The Cooperative Patent Classification System Strike A Chord?

April 29, 2013
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By Morgan Heller II As mentioned in my previous post on the Cooperative Patent Classification system (CPC), the International Patent Classification system (IPC), on which the CPC is based, is used by more than 100 patent offices around the world, so that the choice of starting with an IPC-based classification system, i.e., the European Patent Classification [...]

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Employers Just Get No Satisfaction: NH Enacts Law Restricting Use Of Non-Compete Agreements

April 22, 2013
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By Beth Rattigan Employers in New Hampshire now must comply with further restrictions on their ability to enforce non-compete and anti-piracy agreements.  Venturing further into the already murky area of the enforceability of such agreements, New Hampshire recently enacted  N.H. R.S.A. 275:70, which  requires employers to provide non-compete and non-piracy agreements to applicants and employees [...]

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3D Printing: How Will IP Law Handle The “Next Revolution” in Manufacturing?

April 3, 2013
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By Cathleen Stadecker 3D printing technology is becoming more popular as companies such as MakerBot Industries continue to introduce more affordable desktop 3D printers.  With these machines, which work by printing layers of plastic, metal, ceramics or other materials, more and more people are “printing” real-life objects –toys, jewelry, shoes, replacement parts – in their [...]

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The Cooperative Patent Classification System Becomes The Official Patent Classification System At The U.S. And European Patent Offices

March 26, 2013
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By Morgan Heller II: Just this past January, the U.S. Patent and Trademark Office (USPTO) and the European Patent Office (EPO) each announced the launch of the Cooperative Patent Classification system (CPC) as the official system for classifying patent documents at both patent offices.  In this post, I provide a bit of an introduction to the [...]

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Who Let the Dogs Out? Barking About Whether to “Unleash” Patent Lawyer is Not Privileged.

February 11, 2013
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By Brad Fawley Characterizing Out RAGE LLC’s position as reflecting “a Pavlovian reaction that any communication in which the word ‘lawyer’ or ‘attorney’ is mentioned is the bell that causes the dog named Privilege to salivate” a federal judge ruled that discussions among four executives in two interrelated companies about when to “unleash” and  “sic [...]

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