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  • Licensing intellectual property can be a lucrative stream of revenue. However, businesses need to have procedures in place to ensure accurate reporting and royalty payments. According to Invotex’s 13th Annual Royalty Compliance Report, many companies are being shortchanged. It found that 89 percent of audited licensees underreport and underpay royalties. In addition, 56 percent underreport […]

  • With the recent focus on copyright policy by the Obama Administration, it is clear that copyrights will gain an even higher significance as a component of American intellectual property. As previously discussed, the Department of Commerce recently released a green paper, entitled Copyright Policy, Creativity, and Innovation in the Digital Economy, which is intended to advance […]

  • The country of Columbia has refused to grant a trademark registration to the family of reputed drug lord Pablo Escobar. After an initial objection, Escobar’s widow and two children appealed. The Commission of Industry and Commerce issued a final denial. The agency found that granting a trademark would “be immoral and subvert public order,” according […]

  • Victor Willis, likely more recognizable as the “police man” from the popular group the Village People, recently scored a significant copyright victory. After signing away his rights to popular songs like “YMCA” and “In the Navy” in the 1970s, he is again a rightful copyright owner. Willis, who helped write the lyrics to more than […]

  • The Supreme Court is considering reviewing the standards for awarding attorney’s fees in patent suits.  Two cases are petitioning for review after they successfully defended against claims of patent infringement, but were denied attorney’s fees.  The petitions state that awarding attorney’s fees to discourage meritless patent infringement suits is in the best interest of the […]

  • Zynga Inc. has settled its trade secret misappropriation case against a former general manager. The gaming company had accused Alan Patmore of committing “wholesale theft” of its trade secrets and sharing them with rival Kixeye. According to court documents, Patmore transferred over 700 company documents to a personal Dropbox account prior to ending his employment. […]

  • A court held that claim for trade dress infringement can be brought when of the stylistic choices of a website’s design are copied, even if there is no underlying registered trademark.  An action under the Lanham Act for trade dress infringement can be brought to protect the website’s trade dress, or appearance, even when there […]

  • The Government Accountability Office released a report pointing to low quality software patents as the main cause leading to the increase in patent infringement litigation.  The GAO was initially tasked with investigating the role of non-practicing entities, or trolls, in this upwards trend in patent litigation.  The report, however, surprised many by attributing less than […]

  • Copyright pools must be a legitimate collection of ownership rights.  While copyrights are long standing, they are adapting to the changes of the digital age.  Recently the U.S. Department of Commerce published a green paper providing the most comprehensive analysis of digital copyright in almost two decades.  This paper encouraged initiatives on enforcement of copyrights […]

  • A recent appeal of a Federal Circuit decision might lead the Supreme Court to set a standard for the patentability of software programs.  Two recent cases have centered on this question and attorneys believe that one or both will soon be heard by the Supreme Court and lead to a clear test for this contentious […]

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