Publications
September 13, 2019 – ArticleI burn, burn like a wicker chair; chalk white and oh-so frail...The title above refers to a lyric from a 1998 song by Eve 6, although they used the word "cabinet" instead of "chair." While this simple substitution of a word on my part is designed to evoke an image, the choice of words and the image evoked* can mean so much more in the world of design patents. More
December 12, 2018 – ArticleA Voluntary Dismissal without Prejudice does not Yield a Prevailing Party for Purposes of Fee Shifting under the Defend Trade Secrets ActIn its first case construing the Defend Trade Secrets Act, the U.S. Court of Appeals for the Fifth Circuit held that defendants were properly denied attorneys' fees after the district court granted the plaintiff's Rule 41(a)(2) motion to dismiss the case without prejudice because the defendants were not "prevailing parties" under the Act, 18 U.S.C.S. § 1836 (b) (3) (D). More
December 10, 2018 – ArticleNinth Circuit Confirms: Apparently Honey Badger Does Care . . . About Trademarks
November 5, 2018 – ArticleSecond Circuit Affirms Holding that Universal Church is Generic
August 15, 2018 – ArticleTTAB Affirms Section 2(d) Refusal of LEGION OF GOOD WILL in Light of Prior GOODWILL Marks
August 15, 2018 – ArticleAll Positivity Notwithstanding, Applicant Peace Love World Live Denied Registration of I LOVE YOU
January 29, 2018 – ArticleAnything you say can and will be used against you - As Illustrated in a Recent FRAND Rate-Setting Case
December 18, 2017 – ArticleFederal Circuit Holds Section 2(a)'s Prohibition against Registration of Immoral or Scandalous Marks Unconstitutional
April 5, 2017 – ArticleModern Counsel: April/May/June 2017 EditionModern Counsel
June 27, 2016 – ArticleBrexit's Impact on European Trade Marks and Registered Community Designs.
June 16, 2016 – ArticleKirtsaeng Clarifies Standard for Award of Attorney's Fees in Copyright Cases
April 2, 2016 – ArticleDroit américain des brevets : son fondement constitutionnel est-il d'inspiration française ?Revue Francophone de la Propriété Intellectuelle
December 4, 2015 – ArticleHave We Seen the Last of Threshold Motions?BNA's Patent, Trademark & Copyright Journal
July 28, 2015 – ArticleDesign Patent Litigations Chart Their Own Course
July 9, 2015 – ArticlePatent Marking and Design Patents
March 18, 2015 – Article35 USC 102(g) is Interpreted Differently in an Infringement Action Than It is in an Interference!IP Today
April 22, 2014 – ArticleMRC Innovations v. Hunter - A Decision with Bite for Design Patent Owners?
July 2012 – ArticleReady to object? Protecting your trademark in the new gTLD regimeWorld Trademark Review, August/September 2012
January 31, 2012 – ArticleNestlé continues Trend of Recent Consumer Products Design Patent Complaints
August 2011 – ArticleComparing And Contrasting Standing In The BPAI And The TTAB18 Intellectual Property Today No. 8 at page 25
October 21, 2010 – ArticleIn re Certain Wind and Solar-Powered Light Posts and Street Lamps - ITC
October 21, 2010 – ArticleJohanna Foods, Inc. v. Coca-Cola - D.N.J.
Jul 2010 – PresentationsU.S. Design Patent Protection
Jun 2010 – ArticleBest Practices for Taking Action Against Counterfeit Goods: A Case Study
May/Jun 2010 – ArticleDesign Patent DamagesLandslide®, Volume 2, Number 5, May/June 2010. © 2010 by the American Bar Association.
April 8, 2010 – ArticleAvoiding Copyright Registration LamentIPLaw360, April 8
March 2010 – ArticleThe Requirement for a Copyright Registration: A Missed Opportunity
March 3, 2010 – ArticleFactoring Out of Functional Elements Proper in Design Patent Infringement Analysis
February 26, 2010 – ArticleFederal Circuit Urges Caution in Construing Design Patents
Feb 2010 – ArticleOn the importance of not stating to the USPTO the opposite of what was stated to the EPOLe blog du droit européen des brevets, February 8, 2010
Jun 2009 – ArticleUse In Commerce: The Bose ProblemLaw360, New York (June 16, 2009)
Apr 03, 2009 – PresentationsThe Sleeping Giant is Awake: The Impact of the Supreme Court's Patent Decisions on your Overall IP StrategiesPresented at the ABA's 24th Annual Intellectual Property Law Conference,
Jan/Feb 2008 – ArticleProtection of famous marks under new dilution actWorld Trademark Review, Issue 11
Jan 2008 – ArticleA Critique of Recent Opinions in Patent Interferences90 JPTOS 9
Oct 2007 – ArticleThe Trademark Trial and Appeal Board Publishes New Rules of PracticeManaging Intellectual Property (MIP), Issue 173
Jul 2007 – ArticleIP Protection: Planning in Advance is Not OptionalInside The Minds: The Best Practices of Leading IP Lawyers
Apr/May 2007 – ArticleCopyright Conundrum Why the Title of a Novel Cannot be Safeguarded as a TrademarkAmerican Journalism Review, April/May 2007 Issue
Nov 2006 – ArticleThe Trademark Dilution Revision Act of 2006: Facilitating Proof of Dilution for Truly Famous MarksInternet Law and Business
Aug/Sept 2006 – ArticleNames To RememberAmerican Journalism Review, August/September 2006
Jun 2006 – ArticleOnly 14% Of Trademark Suits Decided In '05IP Law 360, Wednesday, May 31, 2006
Apr 2006 – ArticleStop Counterfeits At The U.S. BorderIP Law 360, Monday, April 03, 2006
Jan 2005 – ArticleUh Oh, Google Gets Geico: No Insurance Against Trademark Keying PolicyModern Practice
May 2005 – ArticleSecond Circuit Holds that Identical Marks Give Rise to Presumption of Actual Dilution
Mar 2005 – ArticleThe State of Nature on the Internet: Litigating Pop-up Ad & Trademark Keying Cases
Jan/Feb 2005 – ArticleThe 57th Year of the Annual Review of Developments in Trademark LawThe Trademark Reporter, Vol. 95, No. 1
Dec 2004 – ArticleAlternative Trademark Filing Strategies Regarding the Madrid Protocol, the European Union and National Offices
Oct 2004 – ArticleYou Can't Say "Parody" / That Really Scares Me
Sep 2004 – ArticleCyber-Griping: Complain, But Don't Go Commercial
May 2004 – PresentationsRecent Trademark DevelopmentsInternational Trademark Association
May 2004 – ArticleBeginning an Inter Partes Proceeding Before the Trademark Trial and Appeal Board: Nature, Grounds and Initial Pleadings
