Protecting Intellectual Property and the Nation’s Economic Security
Nearly $250 billion in intellectual property are lost from the U.S. economy annually. The author, Senior Military Advisor for European & Eurasian Affairs in the United States Air Force, describes how the U.S. must mitigate the threats which significantly damage U.S. economic security.
Beyond the Smallest Salable Unit: How Surveys Provide a Path from Recent Case Law to an Appropriate Royalty Base
As courts focus on the appropriate royalty base for patent infringement damages calculations, survey evidence offers a basis for apportionment beyond the smallest salable unit.
Annapolitan Mumbo Jumbo: The TTAB, Distinctiveness, and the DMV
This article examines two recent decisions by the Trademark Trial and Appeal Board on distinctiveness issues and highlights factors in the evidentiary record that underpin the Board’s findings.
Is a Trademark Infringement Claim Based on a Fictional Product Coming Soon to a Courtroom Near You?
Fortres Grand v. Warner Bros.’s application of real-world likelihood of confusion and First Amendment analysis to fictional products depicted in film and promotional websites has significant implications for the entertainment community and trademark owners.
Nate Silver’s The Signal and the Noise: Why So Many Predictions Fail but Some Don’t
A review of Nate Silver’s most recent book discussing why statistical analysis using the Bayesian Method is relevant to phenomena from gambling to sports events, and from litigation to legal theory.
It’s Time for the Internet to Start Acting like an Adult
Thoughts on the challenging intellectual property rights issues spawned by the birth of the Internet and how to best resolve those issues in the future.
The Practitioner’s Guide to Trials Before the Patent Trial and Appeal Board
An excerpt from the newly released publication.
This Title Cannot Be Registered: The Lack of Title Trademark Protection for Single Creative Works and Some Available Alternatives
The article explores trademark law regarding the titles of motion pictures and television series, including obtaining registration with the USPTO, enforcing common law rights, and other business strategies.
Combatting So-Called Patent Trolls: Demand Letters Demand Attention
A discussion of the legislative attempts to regulate bad faith demand letters alleging patent infringement and seeking compensation.
Decisions in Brief
The column provides highlights of recent trademark, copyright, trade secret, and patent cases.