Stephen A. Kennedy Intellectual Property Law Blog

Kristen Knauf focuses her practice on all aspects of intellectual property, with an emphasis on patent, trademark, copyright, and trade secret litigation. She also protects valuable brand names, corporate identities, proprietary knowledge, and works of art through trademark and copyright registrations. She has published articles on the Lanham Act and on unconscionable clauses in sports venue leases. To read more about Kristen please visit http://www.mkwpc.com/attorneys/kristenknauf/... Read More

            A copyright
infringement battle that has been ongoing for over a decade may soon find
itself at the steps of 1 First Street NE. 
On December 6, 2011, a petition of certiorari was filed in the case of Perfect 10, Inc. v. Google, Inc. ( Read More

           In University of Alabama Board of Trustees v.
New Life Art,[1]
the U.S. District Court for the Northern District of Alabama recently considered
the issue of whether the University of Alabama had trademark rights in its
school colors of... Read More

Walter G. (“Bob”) Pettey, III concentrates his practice in the areas of commercial and business litigation, as well as director and officer investigations and related fiduciary duty Litigation. Mr. Pettey has tried cases before trial and appellate courts, administrative agencies and in various alternative dispute resolution venues, including private trial, arbitrations, and mediations. He also arbitrates cases as a member of the American Arbitration Association’s Nat... Read More

The Federal Circuit revisited the Inequitable Conduct Doctrine and made changes to the intent and materiality standards. How will these changes affect the patent process?... Read More

The Stop Online Piracy Act (SOPA) is under attack. Users of the Internet’s most popular web sites say that the legislation is tantamount to censorship.  This blog post provides a primer on this controversial piece of legislation and considers the delicate balance between copyright interests and free speech. ... Read More

Earlier this year, the Supreme Court heard oral arguments in the case of Golan
v. Holder.  Originally filed in 2001, Golan is challenging
the constitutionality of Section 104A of the Copyright Act, added in 1994 by
the confusingly-named Uruguay Round Agreements Act. The key issue is whether
Congress can, consistent with the Copyright Clause and the First Amendment,
remove works from the public domain by... Read More

One of the great things about the Copyright Act is that it protects a wide variety of works of authorship. Whether these works are individual articles, blog posts (like this one), or photographs that may not have a high commercial value or musical works and motion pictures worth millions of dollars, the copyright owners of all of these works can use the law to pursue unauthorized infringers. Unfortunately, not all copyright owners have the same resources to initiate a... Read More

The party
asserting a claim for trademark infringement will usually own a trademark that
has been registered with the United States Patent and Trademark Office
(“USPTO”).  Registration provides many
advantages, but does not conclusively establish ownership of the mark.[1]  Ownership of a trademark belongs to one who
first uses it in... Read More

              0; On September 27,
2011, the federal district court in the State of Colorado issued its opinion in
the copyright-infringement case of Righthaven
LLC v. Wolf, Case No. 1:11-cv-00830, 2011 WL 4469956 (D. Colo. Sep. 27,
2011).  The issue before Senior District
Judge Kane was “whether a party with a bare right... Read More