Blog

29 Mar’19

Fair Use: Friend or Foe?

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Several months back in an article discussing Brand Extendibility, I touched on a humorous exchange between In-N-Out Burger and a microbrewery regarding some obvious trademark infringement. In that case, the burger chain’s attorneys decided to approach the situation in a light hearted manner, issuing a pun-filled cease and desist notice. Earlier this month, however, the […]

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22 Mar’19

Fourth Estate v. Wallstreet: Application is not Registration and the Interpretation of “has been made”

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On March 4, 2019 the Supreme Court of the United Stated issued its decision in the Fourth Estate v. Wall-Street.com copyright infringement case. The issue before the Court related to the interpretation of title 17 U.S.C. section 411(a) which states that “no civil action for infringement of the copyright in any United States work shall […]

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27 Feb’19

Do The Right Thing: Burning Cash Without Burning Out

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If you follow the headlines from Silicon Valley you might have encountered the stories reciting the chronic shortage in CFOs, particularly for late-stage VC backed startups who are looking to get ready for exit (IPO or acquisition).  I find these stories particularly troublesome, as one of the key assignments of a CFO in a startup […]

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27

The Annual Intellectual Property Report to Congress: Risking 40% of GDP to Recoup 3%

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The Office of the U.S. Intellectual Property Enforcement Coordinator (IPEC) issued its Annual Intellectual Property Report to Congress this month (“Annual IP Report”). The Annual IP Report details the coordinated efforts of the White House, the Departments of Commerce, Justice, Homeland Security, State, Treasury, Health and Human Services, and Agriculture, the Office of the U.S. […]

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