I recently moderated a table topics discussion at the INTA annual meeting in Dallas on alternatives available to US mark holders when registering their marks in Europe. One of the issues that came up was the case of Chartered Institute of Patent Attorneys v. The Registrar of Trademarks known as IP Translator (decision here). The case continues to cause problems for Community Trademark fillers seeking a community trademark (CTM) in the European Union (EU).
May 22, 2013
May 10, 2012
If you are selling your trademarked goods or services in Europe, you may want to register your mark there. Your US trademark rights stop at our borders. But news of good brands travels fast. You don’t want to find when you expand to Europe that another has registered your trademark ahead of you in anticipation of reaping a profit from your purchase of it.
January 10, 2012
Why It’s Difficult to Predict the Amount of Statutory Damages Plaintiff Will Be Awarded in Copyright Litigation-Revised Version
Mastering Rubik’s Cube may be easier. Predicting the amount of statutory damages that will be awarded in copyright infringement litigation continues to confound attorneys on both sides of the fence. Why? Here are some reasons.
But first a few words of explanation. I originally wrote this post in April of 2010. I decided to update it after some of the cases I mentioned went through further appeals and retrials. I kept the same title (so you may see the earlier version come up on Google searches) but I substantially rewrote this version.
November 16, 2011
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.
October 14, 2011
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.
April 22, 2011
Arista Records v. Lime Wire: Did the Record Companies Forfeit the Right to Collect from Lime Wire As Much as $15.6 Million By Recovering Less than $48,000 from Other Infringers in Earlier Actions?
Lime Wire continues to educate regarding statutory damages. The latest novel issue it decided is whether a judgment for statutory damages against an individual infringer for copyright infringement of a work in one action bars a statutory award in a second action against a secondarily liable defendant who induced that infringement. In other words where two (or more) infringers are jointly and severally liable, does recovery of an award of statutory damages against one infringer in one action bar a statutory award against the other infringer in a second action.
April 20, 2011
Arista Records v. Lime Wire Answers Some Novel Questions re Statutory Damages In Copyright Litigation
The Arista Records v. Lime Wire litigation in the Southern District of N.Y., headed for a jury trial in early May, is a statutory damages tutorial. Judge Kimba Wood has decided a number of issues of first impression dealing with the availability of statutory damages in copyright litigation involving secondary and joint and several liability. The statutory damage issues, now answered, include:
September 20, 2010
How much creativity does copyright require? Thankfully for copyright creators, not much. A dash will do. But in the rare case when that dash is absent, the owner of the work cannot protect it. Express, LLC v. Forever 21, Inc., recently decided in the Central District of California, is the latest example of copyright litigation that collapsed because the copyright owner could not show that its works contained even the spark of creativity.
June 30, 2010
The Association of Media Photographers recently asked me to write an article for its members explaining statutory damages in copyright litigation. I wrote the article, published in the spring 2010 ASMP Bulletin, to give copyright holders a basic understanding of what statutory damages are, how copyright holders qualify for statutory damages through registration of their copyrighted works and how courts and juries calculate these damages. If your work has been infringed and you are trying to determine the amount of statutory damages you may be entitled to, you may find the article useful. To download the published article, click here.
May 26, 2010
For a helpful and clear summary of the law regarding statutory damages in copyright litigation take a look at the very recent article by R. Buck McKinney published in the latest edition of Landslide, a publication of the ABA Section of Intellectual Property Law. The article will repay reading. Especially interesting is his discussion of the background surrounding the wave of copyright infringement suits brought by the Recording Industry of America.