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Intellectual Property
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Trade Secrets Experts - Two Circuits, Two Outcomes
Two recent rulings from federal circuit courts reviewing expert testimony in trade secrets cases reached very different results, with one circuit upholding admission of the testimony and the other finding that the testimony was sufficiently harmful to require a new trial.
Taken together, the two cases shed light on the allowable boundaries for expert testimony in trade secrets litigation
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Intellectual Property-Exclusive Rights
Exclusive rights- is it well defined? Will the infringer get to be sued? Copy rights, Patent, Trade marks, industrial designs and trade secrets and all these come under Intellectual Property.
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Media Law – Music Copyright – ISP’s Liability for File Sharing
A Coalition of music industry bodies, including the MCPRS Alliance and the Association of Independent Music, is lobbying to have intellectual property law amended to allow Internet Service Providers (ISPs) to be sued for allowing illegal file-sharing on their networks. Commentators have said that their efforts are misguided and commercially impractical. Currently, ISP’s are not required to police the content of their networks much in the same way that telephone companies are not liable for obscene calls.
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Contracts That Work! Bankruptcy
The vendor of your No. 1 mission-critical application has filed for bankruptcy.
Your contract gives you the right to terminate immediately.
Can you enforce that provision?
This article explores that difficult question in clear, direct English and offers concrete suggestions for improving your IT and IP contracts and ensuring that you continue to receive the services you need, when you need them.
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Intellectual Property – Trade Mark Infringement – Advertisement
In Wolters Kluwer Ltd v Reed Elsevier Ltd (2005), the claimant published online seminar services for accountants under a service called CCH Seminars Online. The material for the service was provided by Online Tutors until July 2005, when this relationship was terminated. Online Tutors was engaged by the defendant to provide material for a competing service called Tolley’s Seminars Online.
In the 21 July 2005 edition of the magazine called Taxation, the defendant advertised its online tax and accountancy seminars and declared that it was the same service as that of the claimant's. The defendant also advertised that they would offer subscribers of CCH Seminars use of Tolley’s Seminars Online free of charge until expiry of the CCH Seminars subscription.
The claimant objected to these advertisements and sought a correction notice. The defendant issued a notice making it clear that CCH was continuing with its own service. The claimant was unsatisfied with this notice and objected requesting a further correction notice on the grounds that the notice still sought to rely on the claimants name and reputation to try to divert customers to the defendant’s competing service.
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Patents, Trademarks, Copyrights, Trade Secrets Protect Your Invention!
Patent numbers are issued sequentially, beginning with the number one. Patent number one was issued to Samuel Hopkins on July 31,1790. It took 75 years for the United States Patent and Trademark Office (USPTO) to issue patent number 1,000,000. Patent number 7,000,000 was issued February 14, 2006. It took only seven years for the USPTO to move from issuance of patent number 6,000,000 to 7,000,000.
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Patent Me This, Batman
If you have a great idea for an invention, you must protect it. Here are some invaluable tips for how to patent your invention.
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The Verve Intellectual Property Case: A Bittersweet Example
Intellectual property's tentacles are long and strong. Maybe the largest battlefield in IP is the music industry. Composer, producers, interpreters and license owners might get unexpectedly involved in legal battles regarding the misuse or abuse of a song of their property. Sometimes it is just something as little as a sample of the song but are legal frictions can deal with millions and millions of dollars.
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Probate Attorneys - Sometimes A Specialist is Really Needed
Attorneys can be very useful in times of bereavement. Probate complexities can be overwhelming to a grieving survivor, and lawyers trained in dealing with such complexities can be instrumental in getting through such a time. Let's explore the ways in which hiring a probate attorney can be beneficial to the family -- even prior to passing on.
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The Basic Use of a Living Trust
Estate planning is a tricky concept, but one you have to tackle. The living trust is a key component of most estate planning efforts.
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Dying Without a Will in Texas - What Happens?
Question: ? Is it true that the state gets everything if I die without a Will??
Concerned clients routinely ask this question expressing their concern in keeping the State from taking their hard-earned estate upon their deaths. Fortunately, the State does not take the property of someone dying without a Will. Instead, Texas law dictates how the assets of someone dying without a Will are divided upon their death.
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