Tag archive: intellectual property

Patent Infringement: Proving Customer demand…or a lack thereof

Patent Infringement: Proving Customer demand...or a lack thereof

Ruling in Lucent Technologies et al. v. Gateway et al., the Federal Circuit held: “For the ‘entire market value’ rule to apply as the measure of damages for patent infringement, the patentee must prove that the patent-related feature is the basis for customer demand of the accused product.” The present article discusses how one goes…

Considering the Who, What, When, Where and How of Measuring Dilution

Considering the Who, What, When, Where and How of Measuring Dilution

The Trademark Dilution Revision Act of 2006 extended the cause of action for trademark dilution, clarifying that dilution may occur by blurring as well as by tarnishment. This article discusses factors that need to be considered when measuring trademark dilution and illustrates how they were taken into account in a number of surveys conducted for…

Are Closed-ended Questions Leading Questions?

Are Closed-ended Questions Leading Questions?

Some courts, counsel and pundits criticize closed ended questions as being strongly suggested and even leading.  While many closed ended questions are indeed leading, it is not because they are closed ended questions, but because they exhibit one of several other question construction flaws.  This chapter from the American Bar Association’s recent book on trademark…

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