Published Articles
  1. Should You Apply for an ICANN Top-Level Domain: the Benefits and the Pitfalls

    Should You Apply for an ICANN Top-Level Domain: the Benefits and the Pitfalls


     
    Now that the window has opened for submitting new top-level domain name applications, should you apply? Before tying to answer that question, a little background.
    The Internet Corporation for Assigned Numbers and Names, or ICANN, that regulates the use of Internet domain names announced last June that it would open the field of generic top-level domains (“gTLD”), the identifiers to the right of the dot (.com, .biz, .org) from the current 22 to any word in any language.

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  2. Protecting Your Intellectual Property in the U.S. and Abroad from New Forms of Online Infringement and Brand Attacks

    Protecting Your Intellectual Property in the U.S. and Abroad from New Forms of Online Infringement and Brand Attacks


    Below is the transcript of my January 26, 2012, webinar presentation sponsored by the International Executive Resources Group focusing on protecting intellectual property here and abroad from new forms of online infringement and brand attacks. But first a word of warning. My talk runs for about 45 minutes and therefore this is a long post. Here is a quick overview of what I cover.

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  3. Webinar on Protecting IP in US and Abroad From Online Infringement and Brand Attacks

    Webinar on Protecting IP in US and Abroad From Online Infringement and Brand Attacks


     
    Andrew will speak at a webinar on January 26, 2012 at 10:00 am sponsored by the International Executive Resources Group on protecting your IP in the US and abroad from new forms of online infringements and brand attacks.
    Andrew will begin by discussing three reasons why global infringement is a growing and what governments and copyright holders are doing here, in Europe and China to combat it.

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  4. Goodyman Meets the Hangman: The Federal Circuit in Benedict v. Super Bakery Afirms the Cancellation of a Registered Trademark

    Goodyman Meets the Hangman: The Federal Circuit in Benedict v. Super Bakery Afirms the Cancellation of a Registered Trademark


    Appellate courts prefer to decide cases on the merits. But  they will affirm the sanction of a default judgment dismissing a case where the plaintiff has repeatedly flouted court orders. The latest example  is the Federal Circuit‘s December 28, 2011, decision in Benedict v. Super Bakery affirming Benedict’s default and cancelling his registered trademark as a sanction. But although the Federal Circuit affirmed, it rejected the reasoning below of the Trademark Trial and Appeal Board.

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  5. Guidelines for Authors When Drafting Publishing Agreements and Protecting Their Intellectual Property From Infringement

    Guidelines for Authors When Drafting Publishing Agreements and Protecting Their Intellectual Property From Infringement

    Authors: want some help in protecting your works? Here is the text of a talk I will give to the Cornell Entrepreneur Network on November 17 on how authors can protect their intellectual property. This post is long and ignores conventional wisdom that blog readers stop reading after 1,000 words.
    But you may find some useful tips here.

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  6. Webinar on How Authors Can Protect Their Intellectual Property

    Webinar on How Authors Can Protect Their Intellectual Property


    Andrew will present a one-hour webinar sponsored by the Cornell Entrepreneur Network on Thursday November 17, 2011 at noon EST on how authors can protect their works, negotiate favorable publishing agreements and protect those works, including  ebooks,  from Internet piracy. The webinar is the third in a 3-part series. The other two will focus on How to Write and Publish Your Book and Twitter and Blog Creation and Strategy.

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  7. BNA Program on Gray Market and Counterfeit Goods

    BNA Program on Gray Market and Counterfeit Goods

     
    Andrew will moderate a webinar on Wednesday October 26,2011, sponsored by BNA entitled Alternatives Now Available to Copyright and Trademark Owners to Combat Gray Market and Counterfeit Goods: Recent First Sale and Related Litigation. The 90-minute program will focus on recent 9th and 2d Circuit cases involving the clash between the first sale doctrine and Section 602(a)(1) of the Copyright Act barring the importation of goods made abroad without the copyright holder’s consent.

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  8. Guest Blog Post: How to Combat Counterfeiting in China by Effectively Using Its Customs Recording System

    Guest Blog Post: How to Combat Counterfeiting in China by Effectively Using Its Customs Recording System

    Introduction by Andrew Berger:
    I am pleased to share this guest blog post by Vivien Chan. She is the senior partner of Vivien Chan & Co., a Greater China law firm with offices in Hong Kong, Beijing and Shanghai with close to 30 years experience in labor & employment, mergers and acquisitions, technology transfers,  information technology, and related tax issues.

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  9. Meng Virtual Chapter Presentation on Brand Protection on Social Media On October 12

    Meng Virtual Chapter Presentation on Brand Protection on Social Media On October 12

     
    Andrew will speak to the Marketing Executive Network Group (“Meng”) Virtual Chapter at noon on October 12, 2011 on how brands can protect themselves on social media. The Meng Virtual Chapter has over 270 marketing executives in 35 states and in 10 countries around the world.
    Andrew will discuss the new online challenges that brand owners face and how they can deal with them.

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  10. Blocking Your Mark From Registration as a .XXX Domain Name

    Blocking Your Mark From Registration as a .XXX Domain Name

     
    Today begins the inaptly named Sunrise B Period, the span between September 7 and October 28, 2011 when registered trademark owners not wishing to have their brands associated with adult entertainment websites can apply to registrars to prevent others from registering a .xxx domain name that matches the applicant’s federally registered trademark. ICANN delegated the management of .xxx to a company called ICM Registry.

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