Article(s) published by this organization: 77
 | Litigating Intellectual Property Covering Industry Standards Frank A. DeCosta, Ariana G. Woods, Bradley Edelman; Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P.; September 16, 2009, previously published by Intellectual Property & Technology Law Journal on June 2009 Companies increasingly find themselves embroiled in intellectual property disputes involving industry standards. Fueling this trend, among other things, is the proliferation of licensing programs. Faced with economic challenges, technology companies are taking a careful look at all assets,... |
| Has the Law of Fair Use Caught up with Keyword Litigation? David M. Kelly; Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P.; July 20, 2009, previously published by Advertising Age on May 20, 2009 Is using someone else's trademark in search-engine advertising - either as part of the keyword that triggers the ad or the ad itself - infringement? It's a multibillion-dollar industry, and courts have issued more than 25 keyword decisions, but trademark law is still catching up and the answer is... |
| Combine and Conquer: How the Synthesis of Design Patent and Trade Dress Achieve Maximum Protection for Your Product Design Julia Anne Matheson, Stephen L. Peterson; Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P.; July 20, 2009, previously published on May 2009 Have you ever been frustrated with free-riders? Let's look at a simple example. You are a General Counsel at a luxury fashion house. Your fashion house is introducing a new handbag that is expected to create more hype than the Hermes BIRKIN. The newly-launched handbag in a matter of several months... |
| Trade Dress Protection: Eye Candy Julia Anne Matheson, Michael R. Justus; Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P.; July 10, 2009, previously published by Medical Marketing and Media on April 2009 The sweeping competition injected into the industry by generic-drug manufacturers has increased the need for brand-name drugmakers to boost consumer recognition of, and desire for, their branded products. To combat market erosion, many drugmakers have turned to DTC advertising to encourage patients... |
| Defending Against Trade Secret Misappropriation Lawsuits John T. Westermeier; Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P.; September 16, 2009, previously published by e-Commerce Law & Strategy on April 2009 There are several often-overlooked strategies for defending against trade-misappropriation claims. The first relates to government procurement. I call this strategy the Trade Secret Per Se Doctrine. The second strategy pertains to open-source software. Both of these strategies need to be fully... |
| Ten Reasons the Supreme Court Should Take In re Bilski Erika Harmon Arner; Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P.; June 25, 2009, previously published by Patently-O Blog on April 1, 2009 The Time Has Come - Nearly thirty years have passed since the Supreme Court addressed patentable subject matter. The "BFD" cases-Gottschalk v. Benson (1972), Parker v. Flook (1978), and Diamond v. Diehr (1981)-represent modern doctrine on the scope of patentable processes under 35 U.S.C.... |
| What Trademark Lawyers Need to Know about the Supreme Court's Patent Jurisprudence - the Effect of MedImmune and eBay on Trademark Litigation David M. Kelly; Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P.; July 20, 2009, previously published on April 2009 Many trademark lawyers practice only trademark law. Although some also dabble in copyright law, many do not also practice patent law. Given the difficulty of just keeping up with new developments in trademark law, most trademark lawyers understandably do not have the luxury of also keeping abreast... |
| Understanding Trademark Law for Promotion Campaigns Julia Anne Matheson; Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P.; June 25, 2009, previously published by Promo Magazine on March 2009 Promotional campaigns are all about trademarks, logos and taglines. Most marketing professionals seek to burnish these elements into the minds of consumers. However, given the recent significant increases in the damages awarded for trademark infringement, it is even more critical that marketing... |
| Understanding the Importance of Derivative Works John T. Westermeier; Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P.; June 25, 2009, previously published by E-Commerce Law & Strategy on March 2009 The right to create derivative works is one of the exclusive rights of a copyright holder. This adaptation right is often referred to as the most powerful of all the exclusive rights in copyright, because the right to adapt and to modify permits the grantee the right to improve a copyrighted... |
| The Greenwashing Effect: Americans are Becoming Eco-Cynical Julia Anne Matheson; Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P.; June 25, 2009, previously published by E-Commerce Times on January 29, 2009 It's not news that industry leaders in many markets are rushing to join the "earth friendly" revolution. Their "green" initiatives range from new eco-friendly products, such as paper towels made of recycled paper, to corporate programs promoting community involvement, such as... |
