Intellectual Property Law

Copyright Tutorial

2009-05-20T13:39:00.001-04:00

Here is a wonderful tutorial on copyrights. Enjoy.

Copyright Test

2009-05-20T13:28:00.002-04:00

I came across a very interesting test on Copyrights today. Check it out on the Cornell University website.

May PCT Newsletter

2009-05-11T12:44:00.002-04:00

The May 2009 PCT Newsletter can be found at the WIPO website. All who deal with foreign patent applications are encouraged to read it, especially the practical advice.

$80,000 for a Year Off?

2009-04-13T16:17:00.001-04:00

Mixed feelings today re NY Times article here. Would love to know how the attorneys feels about this.

Restructuring the IP practice

2009-03-31T09:06:00.001-04:00

More law firm reductions kicked off the week, with Fried Frank Harris Shriver & Jacobson LLP laying off 99, Manatt Phelps & Phillips LLP letting go of 25 and Stroock & Stroock & Lavan LLP cutting 10 percent of its work force. Fried Frank confirmed Monday that it had reduced its head count by 41 associates and 58 administrative staff members, citing the negative impact of the financial crisis on clients.

Bryan Cave LLP has added another intellectual property litigator to the firm's list of partners, luring Kara E. F. Cenar from the newly merged K&L Gates LLP.
Cenar, who joins the firm's Chicago offices, has spent her career litigating intellectual property law, advising clients on their IP rights, and developing enforcement programs to avoid infringement.

Morgan & Finnegan LLP

2009-03-18T10:04:00.001-04:00

Intellectual property law firm Morgan & Finnegan LLP which dissolved last month, filed for bankruptcy on Tuesday, listing liabilities that include nearly $3.8 million in capital owed to former partners at the firm.

A judge on Friday issued an injunction barring defunct intellectual property boutique Morgan & Finnegan LLP from selling or transferring its assets, after a lawsuit by JPMorgan Chase & Co. claimed the firm defaulted on a loan and owed more than $4 million.

Copyright Battle Over Obama 'Hope' Image

2009-03-12T10:31:00.004-04:00

The Associated Press has hit back in a copyright suit brought by the artist behind the iconic Obama “Hope” image, saying the artist was “fully aware” the inspirational AP photo was copyrighted and that he is “profiting handsomely.” AP filed its answer and counterclaims to artist Shepard Fairey on Wednesday in the U.S. District Court for the Southern District of New York where Fairey is seeking a declaratory judgment. Story here. Read AP's answer and counterclaims here.

WIPO Names 2008 As Record Year For Trademarks

2009-03-11T11:36:00.001-04:00

The number of international trademark applications soared to record levels last year, but a slowdown is expected in 2009, according to a statement released by the World Intellectual Property Organization. WIPO received a record 42,075 filings under the Madrid System in 2008, representing 5 percent growth, according to WIPO.
More interesting facts from WIPO here.

Masters Degree in Intellectual Property (MIP)

2009-03-11T11:26:00.003-04:00

Did you know that WIPO and ARIPO sponsor a Masters Degree in Intellectual Property at African University in Zimbabwe? I did not but it sounds very interesting and I kind of wish I could attend. You could even win a scholarship. Hurry up though, deadline is March 15, 2009.

On May 4, 2009, the World Intellectual Property Organization (WIPO), African Regional Intellectual Property Organization (ARIPO) and Africa University launched the 2nd edition of the Masters Degree in intellectual property (MIP) program at Africa University, Mutare, Zimbabwe. The program runs for 12 months. Read more here.

More Layoffs

2009-03-11T11:21:00.000-04:00

According to Law360, layoffs in the legal industry continued to mount Tuesday, with rumors swirling of fresh rounds of firings at Paul Hastings Janofsky & Walker LLP, Venable LLP, Chadbourne & Parke LLP and Blank Rome LLP. The deepest cuts were made at Paul Hastings, which reduced its work force in the United States by a whopping 131, including 44 associates and 87 staff.

In the midst of all the layoffs, there are jobs

2009-03-09T12:03:00.002-04:00

So in the last few months, all I have been writing about are layoffs which have occupied the media and of course our lives. Today, I post a few NY IP legal jobs that are out there waiting to be discovered. Enjoy.

Mid to Senior Level IP/Patent Law Scientific Advisor-Patent Agent/Associate @ Frommer Lawrence & Haug LLP

Patent Agent, Legal, Intellectual Property @ Forest Laboratories, Inc.

Peru

2009-03-06T16:18:00.000-05:00

Peru (PE) became the 141st PCT Contracting State on 6 March 2009. The PCT will enter into force for that State on 6 June 2009. Further information will be published in the March issue of the PCT Newsletter and in a WIPO Update.

Chile / Le Chili

2009-03-06T11:23:00.001-05:00

WIPO announced that Chile (CL) became the 140th PCT Contracting State on 2 March 2009. The PCT will enter into force for that State on 2 June 2009. Further information will be published in the March issue of the PCT Newsletter and in a WIPO Update.

Want to keep track of the layoffs?

2009-02-25T11:34:00.002-05:00

Check out the Vault Layoffs Tracker here.

The Layoff List

2009-02-23T11:37:00.002-05:00

As I searched the internet on the news of more layoffs, specifically at Pillsbury Winthrop Shaw Pittman LLP, I came across a compilation of this information in one place. Keep on top off all the layoffs, here.

Bloody Thursday: Major Law Firms Ax Attorneys and Staff

2009-02-13T12:58:00.002-05:00

In the single ugliest day for the legal industry since the economic downturn began, eight major firms announced a total of 748 layoffs Thursday, including 320 lawyers and 428 staff members.
The eight firms that announced staff cuts were Holland & Knight LLP, DLA Piper, Bryan Cave LLP, Goodwin Procter LLP, Epstein Becker & Green, PC, Faegre & Benson LLP, Dechert, and Nixon Peabody. Read more here.

More and More Changes in the Legal Field

2009-02-11T10:47:00.002-05:00

The London branch of Cohen Milstein Sellers & Toll PLLC is reportedly merging with recently formed claimants litigation firm Hausfeld LLP, which Michael Hausfeld started after his ousting from Cohen Milstein in November. The merger will be official later this month and will mark Hausfeld's foray into the international legal scene.

King & Spalding LLP has boosted its intellectual property practice with a three-partner team from Baker Botts LLP, including the former co-chair of the firm's international patent practice group. The group consists of Bruce W. Slayden II, who served as the co-chair of Baker Botts’ international patent practice group and as head of its intellectual property department.

As the worldwide economic crisis continues, DLA Piper has launched a formal layoff consultation that will likely eliminate 140 jobs in its United Kingdom offices. Nixon Peabody LLP, meanwhile, has decided to axe 20 attorneys and cut 36 other staff positions. The firms each released statements on the layoffs on Tuesday, couching the cuts as necessary to survive amid a relentless economic downturn.

More Cuts

2009-02-10T12:18:00.002-05:00

Approximately 250 to 300 support and secretarial staff at Hogan & Hartson LLP have been offered buyouts that include four weeks' pay and additional prorated payout if they leave the firm now, the firm confirmed Monday. Hogan & Hartson Chairman J. Warren Gorrell Jr. said that technological advances have decreased the demand for word processing and other secretarial work.

Lovells LLP has become the latest British firm to announce significant layoffs, reportedly saying Monday that it would soon cut up to 94 jobs, including those of 24 lawyers. Lovells has initiated a 30-day redundancy consultation designed to reduce jobs in practice areas most affected by the economic downturn, The Times of London reported.

California-based Luce Forward Hamilton & Scripps LLP has joined numerous other law firms cutting ranks because of the bleak economic climate, saying it would lay off 12 attorneys and 15 members of its administrative support staff.
“The layoffs are due to the current economic condition and primarily impact the transactional practice areas of the firm,” Luce Forward said in a statement Friday.

Loss of Legal Jobs

2009-02-09T16:23:00.002-05:00

As US Law Firms continue to cut back legal jobs, the legal market dwindles. The U.S. legal sector has reportedly lost 1,300 jobs in January alone, as widespread cuts across a range of industries pushed the national unemployment rate to 7.6 percent, according to U.S. Department of Labor statistics released Friday. The plunge likely reflected a series of continued cutbacks among several major law firms as a slowdown in clients' business takes its toll on the need for legal work. Read more here.

The most recent to show the door to its attorneys and staffers is Hinshaw & Culbertson LLP. Hinshaw & Culbertson LLP has reportedly handed out pink slips to 11 attorneys and 17 staff members as a cost-cutting measure in tough economic times. The Chicago-based law firm's managing partner, J. William Roberts, said the layoffs were made across the board last week and did not target a particular practice group or office.

New Developments in the Legal Field

2009-02-04T13:53:00.002-05:00

On Monday, the same day the Morgan & Finnegan LLP boutique folded, five IP litigators at Keker & Van Nest LLP broke off from the San Francisco-based firm and started a fledgling boutique of their own. The new firm, Durie Tangri Lemley Roberts & Kent LLP, began operations Monday, partner Daralyn Durie said.
Intellectual property boutique Morgan & Finnegan LLP is shutting its doors and folding into Locke Lord Bissell & Liddell LLP, which just scored more than 30 new lawyers for its offices in New York and Washington, in addition to a lawyer who will staff a new San Francisco office for the firm. Thirteen of the lateral lawyers join Locke Lord as partners, including John F. Sweeney, who had practiced at Morgan & Finnegan since 1973.

January saw about 20 top firms lay off lawyers and other employees, and February has gotten off to an equally grim start with Tuesday's announcement that McDermott Will & Emery is cutting 60 attorneys and 89 staff members. In a firmwide memo, Chairman Harvey W. Freishtat said a slowdown in the business of clients had caused a reduction in the firm's work, especially in transactions.

Ropes Chairman R. Bradford Malts' e-mail to the firm

2009-01-30T01:08:00.001-05:00

From: Malt, R. Bradford
Sent: Thursday, January 29, 2009 4:41 PM
To: All Active Personnel
Subject: Reduction in Force

In October I wrote to you about the strength of our firm in the face of changing economic circumstances. I also said that our strength does not render us immune to what is happening in the broader economy. Our clients and marketplace have been seriously affected by the continuing global economic downturn, and the recession is now widely seen as the most serious since the 1930s.

Ropes & Gray continues to be sound, and we are grateful for the competitive advantages afforded by our talented attorneys and staff, and our diversified practices and client base. At the same time, we are cognizant of changing dynamics in our economic landscape and the need to align our staffing with the firm’s needs and outlook.

As a result, we have reluctantly decided to eliminate 106 staff positions across all departments in the firm, or 10% of non-lawyer staff. While I know this is painful news, I felt it was important to share with all personnel as soon as appropriate.

Our decision to undertake this reduction in workforce was not made lightly. We value our workforce as an integral part of our client service mission, and as a part of the extraordinary community of people that make Ropes & Gray what it is. Unfortunately, the changed external environment required us to make hard choices that could be avoided in more robust economic times.

We reached this difficult decision only after a thorough analysis of all possible areas for prudent cost reduction. We determined that, in addition to significant cuts in non-personnel expenditures that have been made or are forthcoming, it was necessary to reduce our staff numbers. These expense cuts and reductions in force represent an acceleration of our ongoing effort to provide clients with the most cost-effective, value added legal services possible. The bulk of the reductions occurred in the Boston and New York offices; Palo Alto and D.C. also experienced some reductions.

Affected employees were informed this afternoon and provided with severance benefits and outplacement counseling. The firm appreciates the contributions made by all affected employees, and we are working with them to ease their transition.

With today’s actions, we believe we have fully taken the necessary personnel steps to address current economic circumstances. We do not anticipate making any further non-lawyer or lawyer reductions in force.

Next week, the Policy Committee will begin annual State of the Firm presentations to associates, and meetings are being scheduled to address the same topic with our staff. At these forums, we are happy to address questions about these topics or any other issue that may be of concern to you.

While this is a difficult time, we continue to be well positioned to capitalize on opportunities that will arise from the current environment. I encourage all of us – staff and lawyers alike – to focus on the priorities that will help the firm continue to grow and provide the best client service anywhere. I thank all of you for your continuing hard work and commitment.

Layoffs at Ropes & Gray LLP

2009-01-29T15:18:00.005-05:00

Boston's Ropes & Gray, which gave their associates bonuses and raises for 2008, is reportedly laying off staff. Close sources at Ropes & Gray say that the firm has laid off 110 people firm wide today. According to my sources, no attorneys were laid off.

This does not stop Ropes & Gray LLP from expanding its New York office.
The New York Observer reports the firm is stretching out its legs in New York, taking a new floor in its 1211 Avenue of the Americas building.

"The law firm activated a provision of its 2005 lease of 250,000 square feet that allows it to take an additional floor in the tower. The lease gives Ropes & Gray the 32nd floor, which the Royal Bank of Scotland recently gave up, in addition to the space it occupies on floors 35 through 40 in the 45-story skyscraper."

Ropes & Gray LLP is a national law firm with offices located in Boston, New York City, Palo Alto, San Francisco, Washington DC, Chicago, Hong Kong and Tokyo; and conference centers in London and Providence, Rhode Island. The firm has over 850 lawyers worldwide. It was founded in 1865 by John Codman Ropes and John Chipman Gray.

Linklaters LLP

2009-01-26T14:23:00.002-05:00

Linklaters LLP, the second-largest London law firm by revenue, is reportedly preparing to slash its associate work force and let go as many as 70 partners, as the Magic Circle firm tries to restructure operations amid the global financial crisis. Sarah Peters, a firm spokeswoman said "the worsening economic crisis and its effects on key clients means that reductions are necessary"

On Friday, Legal Week reported that Linklaters will reconstitute the staff by first saying goodbye to an estimated 35 partners worldwide, with other reports claiming that the number could be much higher. The Lawyer magazine reported on January 23, 2009 that Linklaters will cut as many as 70 partners and 10 percent of its salaried lawyers, citing people familiar with the plan.

Rule 36 EPC

2009-01-26T13:24:00.003-05:00

There has been a proposal, submitted by the President of the EPO for consideration by the Committee on Patent Law and decision by the EPO Administrative Council, relating to how alleged 'abusive' practices on filing divisional applications might be tackled. The full document can be seen here. The key feature of the proposal involves the following amended version of Rule 36 EPC:

1) The applicant may file a divisional application relating to any pending earlier European patent application, provided that: (a) the divisional application is filed before the expiry of a time limit of 24 months from the Examining Division's first communication in respect of the earliest application for which a communication has been issued, or (b) the divisional application is filed before the expiry of a time limit of 24 months from a communication in which the Examining Division has objected that the earlier application does not meet the requirements of Article 82 EPC.

GateHouse, NY Times Co. settle copyright lawsuit

2009-01-26T12:43:00.007-05:00

An interesting lawsuit took place in December (see my post here) and has been closely watched by all in the media market. Earlier today, there were reports on Twitter today which have now been confirmed by the press, that a settlement has been reached between GateHouse and NY Times Co. Very few details have been disclosed about the settlement. Here is the Press Release and the Settlement Agreement noting that neither side will be paying damages or admitting wrongdoing. Bottom line: no more Gatehouse headlines on Boston.com. GateHouse Media had raised the action against the Times for links found on Boston.com to its local website network.

YouTube to partner with big media on advertising

2009-01-23T14:44:00.000-05:00

Google plans to give big media companies a cut of advertising revenues when their videos appear on YouTube, regardless of who posts them to the site. Read more here.

USPTO TM Expo

2009-01-22T14:54:00.001-05:00

The United States Patent and Trademark Office will hold its annual Trademark Expo this May 8-9 at the agency’s headquarters in Alexandria, Virginia. Deadline for Trademark Expo Applications Extended to February 15, 2009. Read the full story and apply here.

German Federal Supreme Court decisions on Trademarks and AdWord

2009-01-22T10:03:00.003-05:00

The German Federal Supreme Court (BGH) has followed the example of other national courts and denied trade mark infringement in two of the cases and referred the third matter to the ECJ. Read more here. You can also find the BGH press release, though in German, here.

Akin Gump Cuts 65 From Its Staff

2009-01-21T16:12:00.001-05:00

Akin Gump Strauss Hauer & Feld LLP is laying off 65 staff members from offices around the country, according to a spokeswoman for the law firm.
The announcement was reported Friday by the Wall Street Journal Law Blog and was confirmed by Akin Gump spokeswoman Sheila Turner on Tuesday.

Trademark Rights Don't Cover Promo Items: EU Court

2009-01-21T15:59:00.001-05:00

Law360, New York (January 20, 2009) -- Under European law, a trademark is not put to “genuine use” if it appears on a free promotional item that is given away with the purchase of other goods, the European Court of Justice has ruled.
The ECJ handed down the judgment clarifying the “genuine use” of a trademark on Thursday. The ruling came as a blow to Austrian clothing company Maselli-Strickmode GmbH..

Today's IP Jobs

2009-01-13T11:39:00.002-05:00

Docket Clerk at Axinn, Veltrop & Harkrider LLP in New York, NY.

IP(Organic Chemistry) Associate or Patent Agent at Eckert Seamans Cherin & Mellott, LLC in Philadelphia, PA.

Patent Prosecution Associate - Electrical at Wenderoth, Lind & Ponack, LLP in Washington, DC.

Patent Attorney - at Baker & Daniels LLP in Fort Wayne, IN.

Intellectual Property Attorney at Baker & Daniels LLP in Indianapolis, IN.

Intellectual Property Associate at K&L Gates LLP in Pittsburgh, PA.

Patent Agent at Olympus in Center Valley, PA.

Managing Director at PCT Capital, LLC in Washington, DC.

Executive Assistant at Wyeth in Madison, NJ.

Law360 Ranks Busiest IP Practices

2009-01-13T11:27:00.003-05:00

Copyright
- Holme Roberts
- Gardere Wynne
- Robinson & Cole
- Nexsen Pruet
- Loeb & Loeb
- Akerman Senterfitt
- DLA Piper
- Balch & Bingham
- K&L Gates

Trademarks
- Greenberg Traurig
- Carlton Fields
- K&L Gates
- DLA Piper
- Duane Morris
- Merchant & Gould
- Kilpatrick Stockton
- Locke Lord
- Weil Gotshal
- Perkins Coie

Patent
- Fish & Richardson
- Morris Nichols*
- Jones Day
- Kirkland & Ellis
- Morrison & Foerster
- Sidley Austin
- Quinn Emanuel
- Richards Layton

PCTFiler Cost Calculator

2009-01-13T11:15:00.002-05:00

Inovia's cost calculator must be one of the best ones available. It provides accurate estimated fees and it is free.

http://www.inoviaip.com/en/resources/pct-process

Happy Holidays!

2008-12-24T13:18:00.002-05:00

Aggregation Aggravation: GateHouse sues NY Times over links and aggregation

2008-12-23T09:27:00.003-05:00

Bloggers have for years been aggregating content, sometimes by way of taking the headline, other times the headline and lede and more often than not by taking the whole article. Content providers such as Reuters, AFP, The Associated Press, Getty Images have for years viewed some of this use of their content as a possible copyright infringement. Needless to say, the taking of a full news story or image is what constitutes copyright infringement and is prosecuted to the full extent of the law under the Copyright Act (Title 17, United States Code). All other use is not as straight forward and the argument of what is fair use has been going on for years.

On Monday, GateHouse Media filed a copyright infringement law suit in U.S. District Court of Massachusetts against New York Times Company over its Boston Globe local sites linking with headlines and ledes to another publisher’s articles. "GateHouse Media claims that the Boston Globe sites lifted headlines and ledes word-for-word and therefore infringed its copyright, even though the items were credited to and linked back to the Gatehouse pubs, according to Boston.com, which is owned by NYTCo (NYSE: NYT)."

The fact that the aggregated content linked back to the original source, Gatehouse stated, does not matter. Many content providers, including The Associated Press, have for years claimed that the headline and lede, even with attribution, is too much of a taking. GateHouse in its complaint "charges that Boston.com both through advertising and its direct aggregation is confusing readers about where the articles actually originated. And even though Boston.com does link back to GateHouse sites, the publisher is frustrated that the links do an end-run around the ads on its homepage. NYTCo rep Catherine Mathis tells Boston.com that its hyperlocal sites aren’t doing anything different from what blogs have been doing all along."

This is going to be an interesting case which I am sure the rest of the news media market will be watching very closely.

For the full story, visit paidContent.org

Thacher Proffitt & Wood LLP

2008-12-19T16:49:00.002-05:00

The troubled firm of Thacher Proffitt & Wood LLP, which last week began seeking a merger to avoid dissolution, has been selected by the U.S. Department of the Treasury to advise on the government's Wall Street bailout. The firm, reportedly, will be paid $500,000 to help the government handle investments that involve purchasing toxic asset-backed securities.

Today's Jobs

2008-12-19T16:46:00.000-05:00

IP Attorney/Patent Agent – Pharmaceutical/Chemical at Heslin Rothenberg Farley & Mesiti P.C., Albany, NY

Intellectual Property Researcher/Analyst at Alcatel-Lucent, Murray Hill, NJ

Today's updates on law firms

2008-12-18T16:30:00.005-05:00

Dechert LLP has reportedly laid off 72 administrative staff from offices across the country, slashing 12.6 % of the firm's 570-member support staff in the U.S. According to Law360, the firm did not specify whether the cuts were economic or performance-based. The firm also did not indicate which positions were cut or how many staff were let go from each of the firm's 11 domestic offices.

____________________________________________________

The court appointed receiver in the Dreier case, Mark Pomerantz, a partner at Paul Weiss Rifkind Wharton & Garrison, has officially filed for bankruptcy late Tuesday in the U.S. Bankruptcy Court for the Southern District of New York on behalf of the New York-based law firm in the wake of founder and sole equity partner Marc S. Dreier's arrest on fraud charges.

Copyright Claim Nixed In Oracle Suit Against SAP

2008-12-18T16:27:00.000-05:00

A judge has dismissed a copyright infringement claim in a suit filed by Oracle Corp. alleging that German software firm SAP AG illegally accessed and stole programming related to Oracle’s PeopleSoft and J.D. Edwards lines, but has left standing several state claims.

Today's Jobs

2008-12-17T12:45:00.002-05:00

IP Legal Secretary at DLA Piper, New York, New York.

Intellectual Property Associate at K L Gates, Pittsburgh, PA

Today's Jobs

2008-12-16T11:11:00.000-05:00

Patent Litigator at Wyeth, Madison, New Jersey

Troubled Law Firms

2008-12-16T10:17:00.006-05:00

Marc Dreier, litigator, founder and managing partner of a prominent law firm, Dreier LLP, was arrested on fraud charges for allegedly swindling two top hedge funds of what a U.S. prosecutor now estimates to be $380 million. Prosecutor Jonathan Streeter called Dreier a "Houdini of impersonation." Firm attorneys said in court papers that Dreier spent as much as $40 million on artwork to decorate Dreier LLP’s offices in New York and five other cities. In light of these news, "the court-appointed receiver, Mark Pomerantz, a partner with Paul Weiss Rifkind Wharton & Garrison LLP, warned remaining attorneys not to expect any more paychecks." This began the collapse of the once lucrative practice and forced majority of the lawyers to move on.

New York Times reported that people left at the firm have said that the firm "could not make its payroll, the Christmas party at the Waldorf-Astoria was canceled and the firm lacked the ability to pay the rent at its Park Avenue offices."

___________________________________________________

Philadelphia-based law firm, Wolf Block LLP, has reportedly let go 15 associates and staff members last week. The layoffs were first reported by an online blog Above the Law. According to Above the Law, the reductions were based on firm finances and not performance.

Smiley Face Update

2008-12-15T10:26:00.003-05:00

December 11, 2008, Rospatent finally issued a statement denying that a smiley face Trademark was issued to a Russian company named Superfon and its president Oleg Teterinby. A Rospatent official said that the Trademark issued to Superfon was that of their logo and that the smiley face was part of the design. The statement further said "the smiley does not identify the company and cannot be used as its trademark and cannot be registered as such".

English article
Russian article

December 2008 PCT Newsletter

2008-12-13T17:00:00.001-05:00

Read it here...

Jobs Today

2008-12-13T16:58:00.001-05:00

Executive Assistant at Wyeth in Madison, NJ.

Yet Another Impractical Reality from Motherland ;-)

2008-12-12T15:35:00.008-05:00

We have all gotten accustomed to using emoticons, right? We use the famous smiley faces in text messages and e-mail. And if you are like me, you take every opportunity to use the emoticon, as it is fun and conveys your emotions (see my emoticon statement here).

Well in Russia (my Motherland), as was reported earlier by NTV (Russian Television Network) and the Associated Press, the use of the smiley face may soon bring Trademark infringement suits to court. A Russian businessman, Oleg Teterin, has successfully trademarked the famous smiley face in the Russian Federation ;-). He has noted that he will not pursue enforcement over personal use but will seek compensation for commercial use, specifically citing use by corporations and private companies "looking to make a profit without the permission of the trademark holder".

I have to say that nothing surprises me about Motherland. A country where you can buy anything as long as you have money and connections. Well, if you have money, you have connections. :) I keep asking myself though, how did this ever pass through the Russian Patent & Trademark Office (RPOT)? The funny part? Russia media said Teterin wasn't the first to try to trademark the symbol in Russia.

When I tried to search the RPTO, not surprisingly their website was down. However, I was able to find information on how to file for a TM in RPOT:
1) No evidence of use is required upon filing of a trademark application.
2) The rights to the mark will belong to the person who files the application first.
...even if a mark was used for a long time in Russia by another company.
A search on USPTO TARR results in 128 matches for "emoticons".

Unemployed Lawyers

2008-12-12T14:55:00.005-05:00

Apparently the auto and bank industries are not the only ones to be hit by the financial meltdown and the jobless tsunami that followed. Law firms have been struggling for some time and now as the economy worsens, the number of unemployed lawyers nationwide has substantially increased.

Rumor has it that Ropes & Gray LLP is not going to give salary increases this December, however, bonuses are still forthcoming. Thacher Proffitt & Wood LLP has reportedly reached out to King & Spalding LLP about the possibility of taking over the struggling firm in order to avoid dissolution. Legal Times has reported that King & Spalding may take over approximately 100 of Thacher's 195 lawyers, but that it's not yet clear which practices and offices the 100 lawyers would come from. A New York legal consultant has said that "There's a tremendous amount of uncertainty about who's going to be invited to the party."

Howrey LLP has let go of approximately 10 associates. The firm said in a statement on Thursday that these were not layoffs but “outplacements.”

Today's Hot IP Jobs

2008-12-12T14:24:00.003-05:00

Sr. Counsel (Biotechnology) at Schering Plough located in Kenilworth, NJ.

Chief International Patent Counsel Job at Wyeth located in Madison, NJ.

Senior Patent Counsel at Eastman Kodak located in Rochester, NY.

Patent Attorney/Patent Agent at Burr and Brown located in Syracuse, NY.

Patent Associate at Arent Fox located in NY, NY.

IP Attorney/Patent Agent - Computer Science at Heslin Rothenberg Farley & Mesiti P.C. located in Albany, NY.

A bit about this blog!

2008-12-11T17:06:00.000-05:00

Originally I wanted to combine writing about photography and intellectual property law on my photography blog. However, after starting my photography blog I quickly realized that each topic deserved it's own space. So, this is how I got here. Welcome to my Intellectual Property Blog! Here you will find IP information, recent industry developments, IP law, useful links and information as well as links to job postings that I find interesting.

I also would like to take the opportunity to tell you more about me and my IP experiences since the 'About Me' page contains little information. I have been working in the IP industry since 1998. I am not an attorney but have extensive IP knowledge. For the past ten years my focus has been patent prosecution and my positions varied between paralegal and manager levels. It is worth noting that in the past two years I have focused on Trademark and Copyright prosecution as well as IP enforcement rights. Luckily, I have had the opportunity to work for several IP boutiques in NY as well as some of the largest world wide known law firms within their IP departments. Currently, I work in the legal department for one of the largest news organizations.

Please note the disclosure on the bottom of the page. It is imperative for the readers of this site to know that the information found on this web page should not be taken as legal advice and that the opinions displayed here or comments left on other pages do not reflect those of my current or past employers.

If you would like to contribute to this blog, please drop me a line to irene.keselman at gmail dot com.