Recently by Stephen W. Feingold
Keys To Enforcing Intellectual Property Rights In China
Editor: Please describe your background and your practice at Day Pitney. Lieberstein: I specialize in Intellectual Property Litigation and counseling, including patent, copyright and trademark litigation, as well as licensing, mark clearance, and trademark prosecution. Working in both litigation...
Read MoreBlogging: A Joint IP And Employment Primer1
Introduction Blogging has exponentially grown in popularity as a medium where individuals can voice their opinions and ideas in real time. The opinions and ideas posted usually take the form of text. However, they can also be expressed in the form of video, audio and photographs. Blogging has...
Read MoreSecondary Liability After MGM v. Grokster
Was the Supreme Court's long awaited ruling in MGM v. Grokster1 as significant as the famous Sony v. Universal City Studios2 case twenty years ago? Probably not. The Court decided Grokster in accordance with common law principles of secondary liability and the opinion is narrowly tailored, leaving...
Read MoreDispelling The First To File Rule Myth - Part II
Cases Dispelling The Myth In our fact pattern, if DJ filed a declaratory judgment action, C&D's first step would be to file a motion to dismiss in the court where DJ filed. The basis for dismissal would be that DJ filed an improper anticipatory filing. The cases also indicate that C&D...
Read MoreDispelling The First To File Rule Myth - Part I
Intellectual Property law, like every discipline, contains certain "common wisdoms" or "myths" which simply do not correspond to the established precedent. One such common misperception is that when writing a cease and desist letter it is important not to be overly aggressive. The concern is that...
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