The IP Law Blog
Discussion of IP-related news, cases and legal issues.
Author: This site is hosted by Weintraub Genshlea Chediak Law Corp., a Sacramento, Calif., law firm.
Blawg Related Categories: Entertainment & Sports Law • Intellectual Property Law • Law Firms • Law Practice Management • Science & Technology Law • Law Firm • Legal Information
Recent Posts from The IP Law Blog
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7th Circuit Case Should Serve As A Reminder To Business Attorneys
by Scott Hervey Recently the 7th Circuit in Sunstar, Inc. v. Alberto-Culver Company provided a reminder to attorneys engaging in a business transaction between domestic and a foreign parties. Stated plainly, the 7th Circuit reminded business…
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Trademark Basics: Dilution
By Jeff Pietsch Not all trademark law is aimed at protecting consumers. The Federal Trademark Dilution Act (“Act”) is aimed at protecting a company’s property right in its trademark. Dilution is defined as “the lessening of the…
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Patent Enablement Requires More Than a Guess
By Audrey Millemann One of the requirements for obtaining a patent is enablement. As set forth in 35 U.S.C. §112, ¶1, the specification of the patent must teach a person skilled in the art how to…
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The First Circuit Takes a Novel View of the Attorney Work Product Privilege
by Dale C. Campbell, David Muradyan* and Sara Davidson* Is the work product of an attorney always protected? No, according to the First Circuit in a decision which may draw the attention of the U. S.…
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The Parody Defense to Trademark Infringement: The North Face vs. The South Butt
By Zachary J. Wadlé Missouri teenager Jimmy Winkelmann grew weary of his high school classmates’ blind and materialistic infatuation with The North Face products, and decided something had to be done. Mr. Winkelmann’s answer was to…
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Hallmark Cards Raises Unique Defense to Paris Hilton's Right of Publicity Claim - That's Hot
by Scott Hervey This is about a birthday card. Not just any birthday card mind you. This birthday card, produced by Hallmark Cards, depicts a cartoon waitress, dressed in an apron, serving food to a restaurant customer. However,…
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Online Retailer Not Liable for Libelous User Posts
by Jeff Pietsch In a recent case from the Eastern District of Missouri, Cornelius v. DeLuca (E.D. Aug. 18, 2009), the district court addressed whether a fitness website and online retailer was liable for negative…
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Section 271(f) Does Not Apply to Method Patents
By Audrey A. Millemann The Federal Circuit Court of Appeals has overruled a 2005 decision which addressed the liability of exporters of components of patented inventions for infringement of method patents. Under 35 U.S.C. §271(f), anyone…
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"Transformative" Or Not Revisited
by Zachary Wadlé Earlier this year, I wrote of an impending legal battle between Shepard Fairey, the artist of the iconic Barack Obama “Hope” painting and the Associated Press who owns the photograph upon which…
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Taster's Choice - Appropriation of Likeness and the Statute of Limitations
by James Kachmar In Cristoff v. Nestle USA, Inc., the California Supreme Court issued guidance in determining when the statute of limitations runs on a claim for appropriation of likeness. Russell Cristoff, the plaintiff, was a…