Uncategorized – Page 6 – William Tennant

Prior Art Defeats Electronic Commerce Patent Claims

January 29, 2013

An interesting Electronic Commerce “EC” patent case was recently decided by the Court of Appeals Federal Circuit “CAFC” overturning a patent infringement verdict and vacating a $2.5 M damage jury award. The Plaintiff, Soverain, bought the patents and all rights to the Transact software electronic commerce platform “Transact” in a bankruptcy sale and sought to … More Prior Art Defeats Electronic Commerce Patent Claims

Taking Down Infringing Web Content

January 21, 2013

You’re surfing the internet and discover that someone is using your original content without your permission. A popular remedy is to request the web host to “take-down” the infringing material. While there are many euphemisms for using the term takedown, in fact just last week I received a take-down request from my daughter who objected … More Taking Down Infringing Web Content

Supreme Court Rules For Nike in TM Dispute

January 14, 2013

Nike, Inc. sued Already LLC, a competing shoe manufacturer for trademark infringement of its Airforce 1 shoe design and Already filed a counterclaim for cancellation of Nike’s trademark. Nike subsequently executed a covenant not to sue Already, and affiliates, for its existing shoe designs and those planned for the future based upon any “colorable imitation” … More Supreme Court Rules For Nike in TM Dispute

Trademark Requires Use in Commerce

January 8, 2013

Clients select a name, logo, or other brand identifier for trademark registration in order to build and preserve value. While securing the trademark is critical for building a brand, the primary purpose of trademark law is to prevent consumer confusion in the marketplace. Enforcement for trademark infringement purposes requires a likelihood of confusion caused by … More Trademark Requires Use in Commerce

Connecticut Email Server Confers Personal Jurisdiction on Ex-Employee

January 4, 2013

A long-standing precedent is the right not to be compelled to personally answer a lawsuit in a foreign state jurisdiction absent some minimum contacts with the foreign state. States typically enact long-arm statutes to impose personal jurisdiction in situations such as where the defendant is involved in an auto accident or has engaged in a … More Connecticut Email Server Confers Personal Jurisdiction on Ex-Employee

2nd Circuit Weighs In On Handgun Regulation

December 26, 2012

The horrible tragedy at Sandy Hook elementary school has renewed the gun regulation debate. With 2nd Amendment protections being championed by gun advocates, is regulation of firearms even possible? A recent New York case Kachalsky et al. v. Cty. of Westchester et al decided by the US Court of Appeals 2nd Circuit illuminates their co-existence … More 2nd Circuit Weighs In On Handgun Regulation

Digital Rights Management 2012 Review

December 17, 2012

This year brought library e-books. Imagine enjoying reading without worn discolored pages and coffee stains. Reserving and downloading books from any location had made e-reading easily accessible to anyone carrying a mobile device. Enjoying the New York Times, The Week Magazine and finishing a library book with the push of a button, tap of the … More Digital Rights Management 2012 Review

Will the Ipad chill innovation?

February 2, 2010

From All Things Digital newsletter concerns about Apple’s Ipad. http://voices.allthingsd.com/20100202/apple-ipad-will-choke-innovation-say-open-internet-advocates/?mod=ATD_rss Article cites Apple’s control of application providers and one program running at a time feature as part of an Iphone type business model that will chill innovation unlike the computer model where manufacturer does not control software programs or content. My view is that … More Will the Ipad chill innovation?

William Tennant

Business, Intellectual Property and Technology Law

Category: Uncategorized