Landslide® May/June 2020

Trademarks

Uncertainty in Awarding Defendant’s Profits in Lanham Act Cases after Romag

Cate Elsten and Alexander Clemons

The U.S. Supreme Court recently found that willfulness is a consideration but not a requirement for disgorgement of an infringer’s profits, but uncertainty remains as to proper deductions from sales and apportionment of profits.

Trademarks

ABA Amicus Brief in Romag v. Fossil

The U.S. Supreme Court's opinion in Romag v. Fossil sides with the position in the ABA's amicus brief.

Trial Practice

Cloaked Wisdom: Advice from Current and Former Federal Clerks

Shane Delsman

Several federal court clerks suggest best practices attorneys can use to advance their cases, as well as practices to prevent impairing their cases.

Trademarks

Responding to Trademark Office Actions

Kelu L. Sullivan

Decisions about how and when to respond to trademark office actions can greatly impact the chances of successful registration.

Trademarks

Budding In: The Law’s Intrusion on Branding in the Cannabis Industry

Allison B. Margolin, Raza Lawrence, and Xochilt Gama

Although the USPTO will not trademark cannabis-related goods or services, cannabis businesses have a few options to protect their unique brand.

Europe

BIG MAC EU Trademark Revoked for Nonuse

Janette C. Hamer

A recent EUIPO decision highlights that no matter how well known or extensively used a trademark is, the evidence alone must be sufficient to establish genuine use.

Cybersecurity

Cyber Privateers: Protecting American Intellectual Property from Cyber Theft

Allen Loayza

Allowing private individuals and companies to receive immunity for active cyber defense and hacking back activities would help protect American IP.

Patents

Examining the Examiner

Rebecca G. Rudich

Understanding the basics and art of examiner interviews can improve the process and reinforce the notion that interviews are indispensable to advance prosecution.

Patents

Working Up Your Patent Infringement Case: How Doing Your Homework Can Keep You One Step Ahead

Nikki Little

Investing time and effort up front before even filing a complaint will help you better advise your client regarding potential scenarios, risks, and likely outcomes.

Trade Secrets

Trade Secrets 2.0: Stepping Up to 21st Century Trade Secret Protection

Nicole D. Galli

Learn how to enhance trade secret protection beyond NDAs and litigation, especially when trade secrets are shared with other businesses.

Intellectual Property

Smarter Licensing Simplified

Charles C. Valauskas

The proposed “inside-out” approach to drafting licenses may help attorneys overcome the challenges of producing a license that accomplishes the client’s business objectives.

Business Development

How Do You Really Build Your Client Base?

Douglas H. McPherson

Explore the different ways to approach business development and how activity can be matched to personality to help attorneys win new work.

General Practice

Commonalities of In-House and Private Practice in Law and Business

Kim Boyle

Being mindful of the common themes critical to both in-house and outside counsel allows for stronger client advocacy and better attorney collaboration.

General Practice

The Pros and Cons of Serving In-House

Heather N. Bowen

From the ability to focus on a single client to a greater work-life balance to a lower salary compensation, there are advantages and disadvantages to serving as in-house counsel.

Patents

Do Not Discriminate—A Guiding Principle of Patent Reform

George W. Jordan III

A message from the ABA-IPL chair.

Intellectual Property

Decisions in Brief

John C. Gatz

Brief synopses of recent decisions involving copyrights, patents, trade secrets, and trademarks.