Trademark Copyright Disputes
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Trademark Copyright Disputes
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Author : Gregory J. Battersby
language : en
Publisher: Wolters Kluwer
Release Date : 2003-01-01
Trademark Copyright Disputes written by Gregory J. Battersby and has been published by Wolters Kluwer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-01-01 with Law categories.
Trademark and Copyright Disputes: Litigation Forms and Analysis provides timesaving, practice-proven forms, checklists, and analysis that help you handle your next intellectual property dispute with ease. Organized in the sequence of a litigation process, starting with the complaint and ending with appeals, you'll find commentaries covering virtually every area of copyright and trademark litigation in federal court and before other administrative bodies, such as ICANN arbitration, and International Trademark Commission actions. Trademark and Copyright Disputes: Litigation Forms and Analysis includes a CD-ROM that contains: Sample complaints for trademark, copyright, cybersquatting, and International Trade Commission (ITC) actions Sample answers, counterclaims and affirmative defenses for trademark, copyright, trade secrets, cybersquatting litigation, and ITC actions Sample motion ranging from Motions to Dismiss to Motions for Sanctions/Attorney's Fees Discovery sample forms, such as interrogatories and protective orders Trial forms such as jury instructions Forms for appeal such as Notice of Appeal and Petition for Certiorari
Guiding Rights
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Author : Mark V. B. Partridge
language : en
Publisher: iUniverse
Release Date : 2003
Guiding Rights written by Mark V. B. Partridge and has been published by iUniverse this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Law categories.
The Internet Age has dramatically increased the importance of intellectual property rights. Disputes over domain names, shared music files, spam and cybersquatting are only a few examples of the matters now prominent in the news. Mark V.B. Partridge, a seasoned lawyer who advises major corporations on these issues everyday, explains in the articles collected in Guiding Rights the laws and principles shaping these important rights. Partridge's writing is clear and direct, emphasizing the fundamental principles that provide a firm foundation for the core concerns of copyright and trademark law. He also shares practical tips gleaned from many years of experience on how to avoid pitfalls and achieve success in litigation. By avoiding legalese or detailed statutory construction, Partridge quickly identifies the key points necessary for anyone desiring a better understanding of the law guiding the rights of authors, business and entrepreneurs on the Internet. Lawyers and non-lawyers alike will profit from this useful collection.
Intellectual Property Liability Of Consumers Facilitators And Intermediaries
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Author : Christopher Heath
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2012-10-01
Intellectual Property Liability Of Consumers Facilitators And Intermediaries written by Christopher Heath and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-10-01 with Law categories.
With reports from all major jurisdictions where the responsibility of facilitators and intermediaries for copyright and trade mark infringement have been litigated, this very useful book is the first comprehensive global survey of the liability regime that intermediaries may face when assisting others to directly infringe copyright and trade mark rights, or when providing others with the means to do so. It addresses such issues as the following: ISP liability; contributory and secondary liability for trade mark, copyright, and patent infringement; time- and geo-shifting devices and services; consumer identification through dynamic IP addresses; infringements committed on a “commercial scale”; liability of hosting providers; requirements for a breach of duty of care; notice to users to refrain from infringements; filters and other due diligence measures; “actual knowledge”; privacy and infringers’ personal data; file sharing services; online storage services; and liability of transporters and freighters. After a general introduction analysing relevant aspects of trade mark and copyright law, local experts provide detailed reports on positions in the EU (at the Community level), Germany, France, Italy, The United States, Japan, Korea, Australia, and New Zealand. As well as dealing with the issues, each report pays close attention to case law, legislative developments, and procedural issues of injunctive relief and damages. A final chapter covers comparative contributory patent infringement. Along with the very practical value the book offers corporate counsel charged with IP rights litigation, the authors shed light on the fundamental issue of whether attempts to broaden liability in this area are compatible with established IP principles such as territoriality, freedom to operate, and freedom of competition. As a result, the book will be welcomed by a wide spectrum of lawyers and others working in this rapidly growing field, including practitioners, policymakers, academics, and jurists.
Copyright Patent Trademark And Related State Doctrines
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Author : Paul Goldstein
language : en
Publisher:
Release Date : 2004
Copyright Patent Trademark And Related State Doctrines written by Paul Goldstein and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
Expanded to include new cases and emerging trends in the field, Copyright, Patent, Trademark and Related State Doctrines provides detailed information on American copyright, patent, and trademark law, as well as on international intellectual law. Highlights of the fifth edition include the following: new and topical state and federal cases in areas of intellectual property law such as idea protection, trade secrets, and right of publicity; cases and notes on emerging First Amendment limitations on federal and state intellectual property rights; developments with Lanham Act section 43(a) and judicial application of federal anti-dilution provisions; treaties designed to stimulate worldwide protection for works originating in the United States; Internet topics, including domain names, secondary liability, safe harbors, and anti-circumvention provisions; expanded coverage of software protection, including business method patents; and new comparisons of U.S. intellectual property doctrines and rules in other countries.
Preparing Trademark Legal Opinions
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Author : Gabrielle S. Roth
language : en
Publisher:
Release Date : 2001
Preparing Trademark Legal Opinions written by Gabrielle S. Roth and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.
Intellectual Property
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Author : Rochelle Cooper Dreyfuss
language : en
Publisher:
Release Date : 2004
Intellectual Property written by Rochelle Cooper Dreyfuss and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Intellectual property categories.
This casebook applies the principles of intellectual property protection to fact patterns arising in a variety of industries, including music, art, computers, biotechnology, and industrial design. The text takes a comparative approach to intellectual property that emphasizes the commonalities and differences in the theories underlying the regimes of trademark, copyright, and patent law. State law is integrated into the discussion, comparing laws and raising issues of pre-emption as they naturally occur in cases. A comprehensive teacher's manual provides answers to the problems, discusses each case in detail, and includes background materials, hypotheticals, and suggested readings.
Fundamentals Of United States Intellectual Property Law
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Author : Amanda Reid
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2021-11-05
Fundamentals Of United States Intellectual Property Law written by Amanda Reid and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-05 with Law categories.
Completely revised and updated, this seventh edition of a well-received desk reference offers in one volume a comprehensive review of United States (US) copyright, patent, and trademark laws. Like its previous editions, the book’s thorough and sophisticated treatment of this complex material escapes the cumbersome overelaboration of a multivolume treatise on the one hand and a superficial “nutshell” on the other hand. Maintaining the systematic structure that makes it easy for users to zero in on any particular matter, the new edition incorporates the changes that have entered into force since the sixth edition and expertly examines their effects. The three major categories of copyright, patent, and trademark are covered in turn—along with a fourth part on chip protection—with detailed but concise examination and analysis of such issues and topics as the following and much more: subject matter of protection; conditions of protection; registration procedures; scope of exclusive rights; transfer of interests; fair use; rights in unregistered marks; protection of computer software, code, and databases; remedies and defenses; and procedural issues in infringement actions. The authors examine significant case law, updated for this edition, in the course of their analysis. With its detailed citations and readily accessible and complete subject coverage, this latest edition is sure to retain its usefulness as a quick reference or desk book for intellectual property practitioners, in-house counsel, patent agents, academics, and librarians, as well as for anyone interested in understanding US intellectual property law.
Patents Copyrights Trademarks
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Author : Frank H. Foster
language : en
Publisher: John Wiley & Sons
Release Date : 1993-10
Patents Copyrights Trademarks written by Frank H. Foster and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993-10 with Business & Economics categories.
Substantial revision of the easy-to-read first edition in the area of intellectual property rights. Includes new chapters on computer software as applied to copyright and international patents. Contains fresh material on trademarks. Explains the difference between a patent, copyright and trademark. Shows how to protect yourself before conducting a patent search. Provides all the information needed to communicate effectively with experts in the field. Discusses potential areas of legal dispute.
Decisions Of The Commissioner Of Patents And Of The United States Courts In Patent And Trade Mark And Copyright Cases
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Author : United States. Patent Office
language : en
Publisher:
Release Date : 1873
Decisions Of The Commissioner Of Patents And Of The United States Courts In Patent And Trade Mark And Copyright Cases written by United States. Patent Office and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1873 with Copyright categories.
"Compiled from Official gazette. Beginning with 1876, the volumes have included also decisions of United States courts, decisions of Secretary of Interior, opinions of Attorney-General, and important decisions of state courts in relation to patents, trade-marks, etc. 1869-94, not in Congressional set." Checklist of U. S. public documents, 1789-1909, p. 530.
China Court Cases On Intellectual Property Rights
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Author : ??
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2011-01-01
China Court Cases On Intellectual Property Rights written by ?? and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Law categories.
This book presents, in extraordinary detail, sixteen landmark cases that profoundly affect the protection of intellectual property rights in China. Written by six prominent Chinese legal scholars and jurists - including judges who themselves participated in these decisions - each case is fully described and analysed: the parties and their representatives, the basic facts, the facts ascertained by the court, the evidence presented by plaintiffs and defendants, the judges' opinions with their arguments and reasoning, the unanimous conclusions, and the judgment, along with a wealth of deeply informed comment. Among the questions raised by these cases are the following: Is a website within the definition of a 'work' in copyright law, and thus protected? How should the acts of uploading and downloading of works from the Internet be classified? Can the concept of torts be applied in the Internet context? What is the legal liability of an Internet service provider? How is a defendant's 'unreasonable conduct' to be determined? Who is responsible for the determination of 'artistic value' - e.g., of clothing designs? What evidence must be presented to serve as sufficient proof that a domain name is a party's own creation? In what a manner should packaging and decoration be regarded? How should the 'author' in copyright conflict cases be identified? How should an unauthorized web link be judged? When do separate components assembled to create a product enjoy copyright protection? How should damages be determined? An introductory essay provides a detailed overview of the characteristics of China's intellectual property law as it continues to develop, with attention to such factors as the specific laws enacted, the various courts and tribunals to which IP cases are assigned, the progress of a case, starting from filing to winding up, regulations, reform programs, and rules of evidence. The editor puts forward his own proposals - particularly in light of the so-called 'interfering factors' - on reform of civil trial style in intellectual property cases. It is difficult to overstate the value of this book to anyone involved in business dealings in China. With its authoritative expertise, abundant detail, and thorough elucidation of the salient features of developing IP law and practice in China, it will serve interested parties for years to come.