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Fox Rothschild LLP | USA | 4 Jan 2012

Post-license use of trademark is counterfeiting

A former trademark licensee’s continued use of a trademark after termination of the license constitutes trademark counterfeiting.


Fox Rothschild LLP | USA | 22 Dec 2011

Frosty the patent? Fun holiday reading for patent geeks

If you’re looking for a fun patent to read this holiday season (and who isn’t?), here’s one for “Apparatus for Facilitating the Construction of a Snow ManWoman.”


Fox Rothschild LLP | USA | 9 Dec 2011

Copyright (and patent) misuse - it's narrower than you think

The copyright misuse doctrine does not prohibit a copyright owner from requiring that licensees use the copyrighted work only on it own products.


Fox Rothschild LLP | USA | 5 Dec 2011

Real world effects of the absence of presumed irreparable harm

If you want to see the effect of recent cases abolishing the presumption of irreparable harm following automatically from a likelihood of success, consider the recent decision in the Apple v. Samsung case.


Fox Rothschild LLP | USA | 5 Dec 2011

No presumption of irreparable harm in false advertising cases either

Irreparable injury cannot be presumed in Lanham Act false advertising cases.


Fox Rothschild LLP | USA | 18 Nov 2011

Taming the e-discovery beast

The Federal Circuit’s proposed Model Order on E-Discovery offers a number of good suggestions that should help reduce the burden of electronic discovery in patent cases, and some that merit further consideration and debate.


Fox Rothschild LLP | USA | 11 Nov 2011

The case for software versions, registrations and record-keeping

A recent case from the First Circuit underlines the utility, from a copyright perspective, of delineating versions of software, registering each version, and keeping copies.


Fox Rothschild LLP | USA | 28 Oct 2011

Intent to use a trademark must be supported by documentary evidence

Trademark applicants filing intent-to-use applications must possess documentary evidence of their “bona fide intention” to use the applied-for mark in connection with the claimed goods and services.


Fox Rothschild LLP | USA | 16 Sep 2011

You can't copyright a bowl of food

You can’t copyright a bowl of food; and you can’t copyright a garden.


Fox Rothschild LLP | USA | 23 Aug 2011

What artists can learn about branding from The Partridge Family

In a few words, your brand can be even more valuable than your talent

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