Intellectual Property Law

When is an “exclusive” license not exclusive? This is a question that arises in a surprising number of disputes involving license agreements. Too many contract drafters rely on certain terminology under the assumption that such terms have common meanings in a particular industry. But even a common contract term such as “exclusive” may have different [...]

The introduction and upcoming launch of Apple’s new iPad has been the subject of much discussion within the world of IT. The name of the product is already a source of contention. Numerous other companies including Fujitsu, Magtek and Siemens already use the name iPad as a trademark for various goods. (Fujitsu’s iPad is a [...]

A due diligence review is important for evaluating all aspects of a potential merger or acquisition. If a due diligence review is being conducted on behalf of the buyer, the information gathering process, including that relating to intellectual property, is a means of discovering as much as possible about the status of the target. A [...]

Given the nature of trademarks as source identifiers, trademark owners are often required by law to maintain a close connection with the licensee to ensure that the quality standards are maintained so that the consumer is not deceived. Failure to maintain some quality control over the use by the licensee can actually result in a [...]

Once a trademark has been registered, it is often the responsibility of a trademark lawyer or agent to adequately police the marks. Trademarks must be actively used and defended. A company which fails to defend a trademark against infringement may lose some or all of its exclusive rights. Obviously, the most effective trademark policing program [...]

The emergence of the Uniform Dispute Resolution Policy (“UDRP”) and other dispute resolution procedures have made it increasingly difficult for others to make money from traditional forms of cybersquatting. It is much more difficult for a traditional cybersquatter to successfully extort money from a trademark owner in return for a particular domain name. Also, due [...]