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Author: John Richards | Practices: , | Tags: , , , ,

“POISONOUS DIVISIONALS” POISONED IN THE EPO

For the past few years there has been fear that the law on priority claims in the European Patent Office (EPO) could result in a divisional application becoming prior art against its parent if the divisional application described subject matter that...

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Authors: George Sciarrino, Matthew D. Asbell | Practices: , , , , | Tags: , , , , , , , , ,

THE DESIGNER FORMERLY KNOWN AS…INTELLECTUAL PROPERTY ISSUES ARISING FROM PERSONAL NAMES AS FASHION BRANDS

Kate Spade, Paul Frank, Joseph Abboud, Catherine Malandrino, and Karen Millen—aside from being well-known designers, all have something else in common; they no longer own the right to use their personal names as their brands. In the fashion...

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Author: Matthew D. Asbell | Practices: , , , , , , , | Tags: , , , , , , , , ,

INTELLECTUAL PROPERTY RESOLUTIONS FOR THE C-SUITE

Innovative solutions are the foundation of almost every successful company. Tied to almost everything your company creates, every item it produces and sells, every service it provides and every way in which it is marketed, are potential intellectual...

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Author: John Richards | Practices: , , , | Tags: , , , ,

COPYRIGHT PROTECTION FOR MASS-PRODUCED ARTICLES IN THE UNITED KINGDOM

Prior to a recent change in the law, copyright protection in an artistic work expired after 25 years if articles embodying the work had been applied industrially (defined as making more than fifty articles).  This kept the period of protection for...

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Author: John Richards | Practices: , , | Tags: , , ,

CASE 168/09 FLOS SPA v SEMERARO CASA E FAMIGLIA SPA

The District Court of Milan referred questions to the Court of Justice of the European Union for a preliminary opinion on the interrelation of the EU’s Council Directive 93/98 on the duration of copyright protection and Directive 98/71 relating to...

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Author: John Richards | Co-Author: | Practices: , | Tags: , , , , , ,

European “INTERMEDIARIES” MAY BE FORCED TO TAKE ACTIVE MEASURES AGAINST TRADEMARK INFRINGEMENT COMMITTED BY THIRD PARTIES

Recent cases in the Court of Justice of the European Union and the Court of Appeal of England and Wales have addressed the question of whether those who provide facilities to persons who infringe the trademark rights of others may themselves be...

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