Intellectual Property
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Intellectual Property
President Trump: The Great American IP Hero?
After a long period in exile, IP owners are once again invited back to the discussion table. -
Morning Docket
Morning Docket: 05.29.18
* In a perfect example of everything wrong with GDPR there are now concerns that, under its terms, blockchain is prohibited. So a law designed to protect privacy might derail the most secure privacy protection technology on the market. Good job! [Legaltech News]
* For months, I’ve used the phrase “GDPR-Y2K-2018.” Looks like someone agrees with me. [Corporate Counsel]
* The lesson we’ve learned over the past week is that being pro-segregation really boosts your chances for the federal bench these days. [Courthouse News Service]
* The air is no so sweet down on Sesame Street, where they’re suing Brian Henson over his new movie, “Happytime Murders.” [Law360]
* A deep dive into that dispute that’s put Michael Avenatti’s firm on the hook for millions. [New York Law Journal]
* Trump’s trade policy may result in economic ruin, but it’ll make a lot of money for lawyers. [American Lawyer]
* Payday lender who tried to skirt the law by claiming to be on Indian reservations slapped with 8-year sentence. [WTOP]
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Is The Future Of Law Distributed? Lessons From The Tech Adoption Curve
The rise of remote work has dramatically reshaped the relationship between Lawyers and Law Firms, see how Scale LLP has taken the steps to get… -
Technology
The Demise Of Copyright Toleration
Our intellectual property regime has long rested on toleration. Those days may be numbered.
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Morning Docket
Morning Docket: 05.25.18
* Harvey Weinstein has turned himself in to the NYPD. [Vox]
* Happy GDPR Day! [Wall Street Journal]
* Emmet Flood attended the DOJ’s briefing for congressional leaders because defense attorneys are always allowed to attend internal conversations about law enforcement tactics in ongoing investigations. [Talking Points Memo]
* Elon Musk may want to put away the Twitter machine for a bit now that he’s stepped into possible labor law violations. [Engadget]
* The Samsung-Apple war continues with a jury awarding Apple $539 million for IP infringement. [Law360]
* Professor Steven Calabresi is arguing that Robert Mueller’s whole job is unconstitutional. We’ve really come a long way from conservatives hailing the appointment of a no-nonsense lifelong Republican, haven’t we? [The Hill]
* Also, Calabresi is completely wrong. [Legal Skills Prof Blog]
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Intellectual Property
Oh, The Places You’ll D’oh! Seussian Copyright Dispute Waylaid By Irrelevant Registration Challenge
This challenge amounted to Horton hearing a Whatever in court. -
Law Schools
3 Questions For The Director Of An Ivy League IP Law Clinic (Part II)
There is a vulnerable population hungry for IP advice, and law students can offer valuable pro bono service to the community. -
Intellectual Property
HBO Wins Copyright Infringement Case Over Graffiti Artist Relying On The De Minimis Copyright Exception
Copying is not just for 'pirates,' it’s a basic necessity in the creation of culture and innovation. -
Intellectual Property
Motherless Content: The DMCA Copyright Safe Harbor Strikes Again
Perhaps the ruling here would've been different if the case didn't involve pornography. - Sponsored
Navigating Financial Success by Avoiding Common Pitfalls and Maximizing Firm Performance
In this CLE-eligible webinar, we’ll explore the most common accounting pitfalls and how to avoid them for your firm. -
Law Schools
3 Questions For The Director Of An Ivy League IP Law Clinic (Part I)
Law students are very, very interested in participating in IP Law clinics. Find out why here. -
Morning Docket
Morning Docket: 05.15.18
* The Supreme Court’s sports gambling ruling guts “core business” of mobsters. So now we know how The Soprano’s really ended. [NY Post]
* More women join the gender bias suit against Ogletree. Not to belabor the point, but how does an employer defend a suit like this when they can’t hire Ogletree? [American Lawyer]
* Good news for Missouri Governor Eric Greitens! Prosecutors have dropped the invasion of privacy charge against him. Now he only faces… all the other reasons you can’t take nude pictures of people without their knowledge and use those to blackmail them. [Courthouse News Service]
* Court rules that a group of NRA-affiliated teenagers challenging gun control laws can’t do so anonymously. Fox focuses on the high risk of ‘harassment’ the students now face because people might criticize them. Fox isn’t even hiding its snowflake leanings anymore. [Fox News]
* The NY Giants have settled with the guy who said they were involved in a conspiracy to fake game-worn memorabilia (and, perhaps more importantly, an intellectual property dispute over some technology the guy patented). Line up now for game-worn tokens from the upcoming 4-12 campaign! [Law360]
* For Iowa’s six-week abortion law, the life of its hefty litigation price tag began at signing. [Des Moines Register]
* Michigan lawyer billed 3600 hours last year. That’s nothing. Wake me when he’s pulled off the elusive 29-hour day. [American Lawyer]
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Intellectual Property
The Fog Of Confusion: 3 Things Not To Do When Assessing Likelihood Of Confusion
How did Dr. Drai, the gynecologist, beat Dr. Dre, the rapper, on this trademark claim? It all comes down to confusion. -
Intellectual Property, Litigators
Perspectives From In-House Counsel: Patent Rights -- Who Decides?
Domestic or foreign law, district court or the Patent and Trademark Office, judge or jury? These questions matter. -
Intellectual Property
Canada Lumped In With China In U.S. Government's Intellectual Property Naughty List
It’s a bit disconcerting to see Canada on a priority watch list, and at the end of the day, the United States looks like an IP bully.
Sponsored
Is The Future Of Law Distributed? Lessons From The Tech Adoption Curve
Navigating Financial Success by Avoiding Common Pitfalls and Maximizing Firm Performance
Early Adopters Of Legal AI Gaining Competitive Edge In Marketplace
Sponsored
The Business Case For AI At Your Law Firm
Legal AI: 3 Steps Law Firms Should Take Now
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Intellectual Property
Is It Illegal To Show Others How To Cheat In A Video Game?
Epic Games claims that it is in the company's copyright infringement suit filed against a 14-year-old boy. -
Intellectual Property
3 Questions For Unified Patents CEO Post-Oil States (Part II)
Unified’s CEO has graciously agreed to a written interview -- one that’s timely in the immediate aftermath of the Supreme Court’s recent rulings on the constitutionality and implementation of IPRs. -
Intellectual Property
But Who Will Avenge The Avengers? How The Marvel Method Deprived The Visionary Behind Marvel’s Most Famous Characters From Enforcing His Rights
The world is waiting for the next hero (or his or her heirs) to smash this flawed method of analyzing putative works-for-hire in a Hulk-like fashion. -
Intellectual Property
3 Questions For Unified Patents CEO Post-Oil States (Part I)
Unified’s CEO has graciously agreed to a written interview -- one that’s timely in the immediate aftermath of the Supreme Court’s recent rulings on the constitutionality and implementation of IPRs. -
Intellectual Property
3 Tips To Avoid Terminating Your IP Licenses In Unpredictable Ways
Be careful when structuring your IP licenses and take termination provisions into account at the outset -- if not, you may be setting yourself up for failure. -
Technology
Supreme Court Says Of Course The Patent Office Can Admit It Made A Mistake And Dump Bad Patents
Let's just admit the USPTO makes mistakes. -
Intellectual Property
SCOTUS Upholds Constitutionality Of System To Challenge Bad Patents
Why should a government agency not be able to correct its own mistakes?