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14 Results

Resource Listings

Articles

Reality prevails as Hermès trumps MetaBirkins – Trademark Infringement and Non– Fungible Tokens (NFTs) (Eversheds Sutherland)

By Eversheds Sutherland

In a first-of-its-kind case to focus on trademark infringement and dilution in the virtual world, a nine-person jury in Manhattan, New York has sided with the French fashion house, Hermès International S.A (“Hermes”) in its legal battle against Sonny Estival aka Mason Rothschild (“Rothschild”), the creator of the “MetaBirken” Non-Fungible tokens (“NFTs”).

Program Materials

Best Practices for Intellectual Property Licensing

By Carol Brani, Marjorie Goux, Ameen Haddad, Michael Pavento

This session will feature a discussion of the best practices and recent developments in IP licensing with a focus on software and trademark licenses. The session will review “magic grant language,” legal defaults and some key international jurisdictional differences. The discussion will review sample clauses to use, identify potential pitfalls licenses can contain and provide practical advice to avoid unintended consequences and safeguard clients from risk.

Articles

Asian Briefings

By Michael Chang, James Wong, Sean Major, Amy Sommers

In this edition, the Docket reviews what every company in in the region needs to know in order to succeed, as well as providing a toolkit for counsel on mitigating IP loss exposure in China.

Articles

Updating Intellectual Property Policies: Panacea or Black Hole?

By Laure B. Ergin, Robert B. McGrath, Timothy J. Raynor and Christopher F. Wright

Many universities and research institutions are burdened with outdated, flawed intellectual property policies. This article identifies many of the obstacles facing faculty, technology transfer professionals and legal department staff members as they revamp old policies.

Articles

Distributors: Tracking the IP Indemnity Squeeze in the Supply Channel

By Richard English

because distributors are located in the middle of the supply channel, they face demands from both ends: intellectual property protections from the makers of a product and requests from those reselling it. This article looks at the types of relationships distributors typically have with vendors and purchasers, and offers advice on how to successfully navigate the squeeze.

Articles

Protecting Trademarks in Cyberspace

By Scott W. Pink

Nearly every company has a website and uses the internet as a means for marketing and selling its products and services. Here's a plan for protecting your company's trademarks and domain names in cyberspace.

Articles

The Surprising Resilience of the Patent System

By Mark A. Lemley

Part I of this article briefly reviews the changes to the United States patent system in the past 35 years. Part II discusses the pendulum swings between perceived overprotection and perceived underprotection and the concerns lawyers have raised in both directions. Part III presents evidence of the resilience of the patent system. Part IV offers some possible explanations for this surprising result.