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Legal English Blog

    • When Settling is Unsettling

    • The much discussed AutoAdmit case, which had been pending for nearly two years, recently settled for undisclosed sums. Too bad. Not for the parties, but for us. This case promised to provide some real guidance and clarification on certain IP, libel and privacy issues in the Internet Age. In the original complaint, two law school students brought a claim against the administrator of a web site and 30 of the site's users for psychological and economic injury. The two plaintiffs were female stud [...]
    • When Settling is Unsettling

    • The Scope of IP Due Diligence

    • An intellectual property practitioner is often requested to perform a due diligence ("DD") review in connection with a potential merger or acquisition. The information, report or summary produced based on such a review varies greatly depending on the nature of the task. While every IP due diligence must be tailored to meet the particular business situation, certain basic steps should always be considered. The first step is to understand the company’s basic products and services. This includes [...]
    • The Scope of IP Due Diligence

    • Monkey See. Monkey Do. Monkey Get Paid??

    • One of the more interesting – and as yet largely untested – questions in the copyright world is who owns the copyright of works of art created by animals, i.e. non-humans. At first glance, this seems like a rather silly question. But in recent years, paintings and other artwork made by animals (mostly monkeys and elephants) have been sold for surprisingly large amounts. And the work of animals is often deemed to be on par with some established human artists. A classic case occurred in 1964 [...]
    • Monkey See. Monkey Do. Monkey Get Paid??

    • Are We Exclusive?

    • 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 meanings in competing jurisdictions. The broadest scope of license that can be granted is an "exclusive" license. An exclusive license excl [...]
    • Are We Exclusive?

    • iPad = iProblem?

    • 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 mobile device with a touchscreen display; Magtek makes an iPad encrypted credit-card swiper; Seimens uses the iPad brand on its engines and motors). In fact, Fujitsu has a [...]
    • iPad = iProblem?

    • Importance of IP Due Diligence

    • 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 comprehensive and thorough IP due diligence requires significantly more than merely compiling a list of the company’s registrations and other IP assets. Not only m [...]
    • Importance of IP Due Diligence

    • Naked Licenses (not as exciting as they sound)

    • 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 forfeiture or abandonment of trademark rights. Such licenses (where the licensor fails to maintain the proper control over the use by the licensee) are often referred to [...]
    • Naked Licenses (not as exciting as they sound)

    • Policing Trademarks: How Much is Too Much?

    • 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 is one that allows a company to maintain and maximize its rights while avoiding the need for expensive litigation. This can be accomplished by setting up [...]
    • Policing Trademarks: How Much is Too Much?

    • The Evolution of the Cybersquatter

    • 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 to greater awareness, most large companies are now proactive in confronting the problem -- registering domain names for their com [...]
    • The Evolution of the Cybersquatter