The U.S. Supreme Court recently held that a patent owner is presumed not to have market power for purposes of the federal antitrust laws. In Illinois Tool Works Inc. v. Independent Ink, Inc., the Supreme Court held that courts may no longer presume that a patent owner accused of an unlawful tying arrangement has market […]
The duty of disclosure for patent applicants in Japan differs from the U.S. requirement. In Japan, it is not necessary to submit known prior art. In applications whose filing dates are before Sept. 1, 2002, applicable Japanese law does not require the submission of any prior art, since there is no duty of candor in […]
In August 2005, President Bush signed the Dominican Republic-Central America Free Trade Agreement (DR-CAFTA) into law. The other member countries, Guatemala, Honduras, El Salvador and Nicaragua, have approved the DR-CAFTA, and the treaty is awaiting approval by the parliament of Costa Rica. The DRCAFTA covers many issues including agriculture, investment, trade in services, the environment […]
U.S. District Court in Ohio recently found that use of a competitor’s mark as a metatag on a Web site creates “initial interest confusion,” thereby subjecting the defendant to liability for the metatag use. In Tdata v. Aircraft Technical Publishers, use of ATP’s trademark in metatag data in software developed by Tdata that draws potential […]
In the fourth quarter of 2005, the Department of Intellectual Property in Thailand implemented new regulations for recording well-known marks. According to the regulations, a well-known mark can be recorded if it meets all of the following criteria: it is a trademark, service mark, certification mark, collective mark or a mark used in respect of […]
Brad Cohen wrote the article “A New Script for Depreciating Films and Television Series” that appeared in the Los Angeles Lawyers magazine, Entertainment Law issue.
Dan Sedor authored an article in BNA’s Corporate Counsel Weekly on "Problem: Information Explosion Meets Electronic Discovery." To view the complete article, please click on the file above.
Hotel closings are hitting record levels, but for all the right reasons! Unlike closings caused by the “great real estate depression” of the early 1990s, hotels are closing today for positive reasons: major rehab and construction projects, conversions to condo hotel or residential condos and expansion. Hotel developers and owners are finding that construction is […]
Despite the current proliferation of condo hotels, the Access Board’s newly proposed ADAAG technical requirements still include no specific mention of condo hotels, nor have we seen any state law that includes requirements for condo hotel accessibility. There is very limited judicial direction, as legal precedents regarding the ADA and condo hotels have not yet […]
On June 23, 2005, a bitterly divided U. S. Supreme Court upheld a local government’s use of eminent domain to seize private property “for the purpose of economic development.” Previously, courts had looked to the standard of whether property would be directly taken “for public use,” under the Fifth Amendment. However, in Kelo v. City […]