Region: North America

Growing companies often have issues with cash flow, and one way for them to deal with this is to use IP assets as collateral for a loan. However, by using intellectual property as security, a company agrees in advance that the lender may exercise certain rights over it should it default on the loan.

25 June 2008

The Court of Appeals for the Second Circuit recently affirmed a district court's decision that Stephen Goetz's use of the slogan 'My Life, My Card' did not confer any enforceable rights senior to American Express Co's MY LIFE. MY CARD. trademark. The court's decision provides a dramatic illustration of how the marketing copy of a supplier of intermediate goods and services does not constitute trademark use.

21 May 2008

The Canadian patent system offers various flexible and low-cost options, particularly when compared to other industrialised countries. In addition, certain unique aspects of Canadian patent prosecution can reduce the time and expense of obtaining a patent, whether filing in Canada directly or through the Patent Cooperation Treaty.

14 May 2008

In addition to extensive research into the chemical composition of new pharmaceutical products, companies often face another hurdle when it comes to naming products. They must consider not only what might be an attractive product trademark, but also how that mark fits with the chemical and generic names for the compounds in that product.

02 April 2008

Canadian financial institutions have not yet begun to file patent applications for methods of doing business, in sharp contrast to their US counterparts. If, as many believe it must, the Supreme Court of Canada does eventually concede that the Patent Act allows for this type of subject matter, Canadian financial institutions could be at a grave disadvantage.

19 March 2008

A federal jury in Minnesota has returned a $222,000 verdict against Jammie Thomas for making 24 copyrighted sound files merely available for download on the file-sharing program KaZaA. In response, Thomas has filed a motion for a new trial or alternatively for the judge to reduce the award. Thomas has indicated that she will appeal if her motion is not granted.

14 November 2007

The protection of brand names or trademarks is often overlooked at many companies, particularly in the hedge fund industry. However, taking the time to choose a strong trademark and invest in its protection is a smart move for companies if they wish to avoid the risk of a litigation battle over a trademark.

18 July 2007

In <i>KSR v Teleflex</i> the US Supreme Court has ruled that the teaching, suggestion or motivation test used by the Court of Appeals for the Federal Circuit makes it inordinately difficult for a challenger to invalidate patents for obviousness, thus shifting the balance of protection too far in favour of the patent holder.

11 July 2007