Print Book
Intellectual Property Practice
| Product Number: | 2040302B00 |
| Publication Date: | 10/31/2011 |
| Edition: | 2nd Edition 2011 |
| Copyright: | © 2011 MCLE, Inc. |
| Update service: | Supplemented regularly. |
| Formats: |
Print Book
add to cart
| add to Favorites
774 pages in 1 volume (Looseleaf) eBook add to cart | add to Favorites EPUB, MOBI, or PDF |
Product description
Over the past 20 years, intellectual property law practice has crept into the mainstream of a lawyer's daily work. While familiarity with IP property asset protection was once a narrow specialty, it is now a key element in the "portfolio" of skills of business and commercial lawyers and most litigators. In fact, a sophisticated knowledge of IP is a prerequisite for transactional corporate, business and commercial practice. IP knowledge is power; savvy in this hot area is increasingly valuable and marketable.
Rather than taking an academic approach to this potentially complex area, MCLE's Intellectual Property Practice in Massachusetts cuts straight through erudite laws and regulations, explaining in plain language how to recognize, protect, enforce and value intellectual property claims as they arise in the business context. Topics covered include patent, trademark, trade secret and copyright law and practice. You get a practical, nuts-and-bolts treatment of commonly encountered issues pertaining to intellectual property asset protection, management and enforcement against misuses and infringements.
Organized according to the major categories of intellectual property practice, this manual first defines the concepts, and then guides the user through how to obtain rights, how to protect a portfolio, the cresting decisions that impact this dynamic area of law, and the many sources of primary law that are constantly shifting and evolving, especially as a result of the Web's influence on the creative process.
Table of Contents
expand all | collapse all
Chapter 1
- Introduction to Intellectual Property
(Buy Chapter)
The Ws of Intellectual Property Practice: Who, What, When, Where, and Why
Who Practices/Uses Intellectual Property Law?
What Rights Does IP Law Grant?
When: Timing Considerations Applicable to IP Law
Where: National, Multinational, and International Considerations in IP Law
Why: Reasons for Granting (and Limiting) IP Rights
The Web as a Source of IP Knowledge and as a Challenge to IP Constructs
About This Book
Conclusion
Exhibit 1A
- IP Associations, Government Agencies, Web Sites, and Blogs
(Buy Form)
Exhibit 1B
- Time Line of IP Statutes and Treaties
(Buy Form)
Chapter 2
- Developing and Realizing Value from a Patent Portfolio
(Buy Chapter)
Patents as a Business Asset
Developing a Patent Portfolio
Realizing Value from Patents
"Licensed Products" or "Licensed Processes" (or Both)
"Patent Rights"
"Technology"
"Field"
"Net Sales"
Assuring Commercialization
Ownership of Patents
Exhibit 2A
- Mononucleosis Detection Technology License Agreement (Version A, Tending to Favor Licensor)
(Buy Form)
Exhibit 2B
- Viral Detection Technology License Agreement (Version B, Tending to Favor Licensee)
(Buy Form)
Exhibit 2C
- Form of Agreement for Confidential Disclosure to a Third Party
(Buy Form)
Exhibit 2D
- Form of Patent Assignment
(Buy Form)
Exhibit 2E
- Employee Noncompetition, Nonsolicitation, Nondisclosure, and Assignment of Inventions
(Buy Form)
Exhibit 2F
- Form of Agreement for Two-Way Exchange of Confidential Information
(Buy Form)
Exhibit 2G
- Form of Assignment Accompanying Patent Application
(Buy Form)
Exhibit 2H
- Biological Material Transfer Agreement
(Buy Form)
Exhibit 2I
- UBMTA Form of Biological Material Transfer Agreement
(Buy Form)
Exhibit 2J
- Form of Agreement for Employees and Consultants
(Buy Form)
Chapter 3
- Understanding Patents for the Legal Advisor
(Buy Chapter)
Preliminary Considerations
"Patent" Defined
Why Should Your Client Be Thinking About Patents?
Risks and Prevention of Infringement
Patents Versus Other Types of Intellectual Property
Advantages and Disadvantages of Obtaining Patents
What Is Patentable?
Utility and Design Considerations
Statutory Bars
Public Use
On Sale
Experimental Use Exception
Publication
Secret Prior Art
Priority Contests (Interferences)
Obviousness
Elements of a Patent Application
Disclosure
Claims
Oath
Fee
Provisional Application
Continuation-in-Part Applications
The Process of Obtaining and Enforcing a Patent
Patent Prosecution
Postissuance Procedures
Litigation
Enforcement and Defense
Major Litigation Issues
Clearance Opinions
Precomplaint Considerations
Injunction and Damages Remedies
Additional Prefiling Considerations
Multiple Defendants
Staffing
Company Staffing
How Shall the Claim of Infringement Be Asserted?
Claim Interpretation
Markman Hearing
Exhibit 3A
- Timing and Costs for Patent Protection
(Buy Form)
Exhibit 3B
- Patent Infringement Complaint
(Buy Form)
Exhibit 3C
- Patent Infringement Answer and Counterclaim
(Buy Form)
Exhibit 3D
- Reply to Counterclaim
(Buy Form)
Exhibit 3E
- Patent Infringement Demand Letter
(Buy Form)
Chapter 4
- Trade Secret Law
(Buy Chapter)
Introduction
Statutory and Common Law Bases
State Law
Statutory Basis
Civil Statute
Criminal Statute
Restatement (First) of Torts
Trade Secret Defined
Proscribed Conduct
Harm
Uniform Trade Secrets Act
Section 1-Definitions of Improper Means, Misappropriation, Person, and Trade Secret
Section 2-Injunctive Relief
Section 3-Damages
Section 4-Attorney Fees
Restatement (Third) of Unfair Competition
Trade Secret Defined
Proscribed Conduct
Harm
Common Law
Trade Secrets Defined
Essential Elements of a Trade Secret
Confidential Information Distinguished
Confidentiality Is Key
Types of Trade Secrets and Confidential Information
The Cause of Action
Harm/Remedies
Inevitable Disclosure Doctrine
Related State Law Claims
Federal Law
Establishing a Trade Secret Protection Program
Trade Secret Audit
Catalog
Review
Analyze
Trade Secret Protection Program
Chapter 5
- Noncompetition Agreements and Related Restrictive Covenants
(Buy Chapter)
Introduction
The Law of Noncompetition Agreements
Reasonableness
Test for Reasonableness
Noncompetition Agreements Arising from Employment
Noncompetition Agreements Arising from the Sale of a Business
Other Issues of Reasonableness
Modification of Unreasonable Restrictions/Reformation
Duration
Geographic Reach
Scope of Proscribed Activities
Legitimate Business Interests
Recognized Legitimate Business Interests
Goodwill
Trade Secrets and Confidential Information
Special Skills
Training
Business Interests That Are Not Recognized as Legitimate
Public Policy Considerations
Statutory and Rule-Based Industry Exemptions
Statutory Exemptions
Physicians
Nurses, Psychiatrists, Social Workers
Broadcasters
Rule-Based Exemptions
Lawyers
Financial Service Providers
Negotiating and Drafting Noncompetition Agreements
Requirement of a Writing
Required Elements: Duration, Geographic Reach, Scope of Prohibited Activities
Identification of the Legitimate Business Interests
Preparation to Compete
Extension/Scaling Back of the Term
Acknowledgment of Consideration, Legitimate Interests and Their Reasonableness, and Irreparable Harm
Assignment/Successors in Interest
Change of Position/Responsibilities
Specification of Remedies
Disclosure Obligations
Return of Company Property and Information
Other Terms
Additional and Alternative Restrictive Covenants
Garden Leave Clause/Notice Requirement
Forfeiture-for-Competition/Compensation-for-Competition Clauses
Nonsolicitation Agreements
No-Raid/Nonraiding/Antiraiding/Antipiracy Agreements
No-Hire and No-Poach Agreements
Nondisclosure/Confidentiality Agreement (NDA)
Invention Assignment Agreements
Enforcing and Defending Against Noncompetition Agreements
Applicable Standards
Injunctive Relief Is Not an Entitlement
Initial Considerations
Satisfying the Irreparable Harm Requirement
Special Considerations
Loss of Trade Secrets and Confidential Information as Irreparable Harm
Loss of Goodwill as Irreparable Harm
Enforcing a Noncompetition Agreement
Before the Lawsuit Is Even Contemplated
Investigate
Conduct an Exit Interview
Determine Whom to Sue
Send a Cease and Desist Letter
Act Quickly
Credible Evidence-Percipient Witnesses, Expert Witnesses, and Expedited Discovery
Bond
Defending Against a Noncompetition Agreement
Initial Considerations
Former Employee's Initial Steps
New Employer's Initial Steps
Impact of the New Position on the Former Employer
Sue or Wait to Be Sued?
Possible Defenses
Basic Requirements
Consideration
At-Will Employment
Continued Employment
Duration of Employment
Change in Position
Postemployment Agreement
Contracts Under Seal
Lack of Irreparable Injury
Balancing of Harms
Competitors and Competition
Scope of Restriction
Delay/Mootness
Equity and Fairness
Circumstances at Signing
Stealth Agreements
Circumstances of Termination
Extraordinary Hardship
Selective/Inconsistent Enforcement
Compensation/Low-Level Employee
Unclean Hands
Contracts of Adhesion
Employer's Breach
Employer's Changes: Successors and Assigns
Ambiguity
Novation
Antitrust
Chapter 6
- Introduction to Trademarks
(Buy Chapter)
Introduction
Why Should Clients Consider Protecting Trademarks?
How Do Trademark Rights Arise and Who Can Own Them?
What Is a Trademark?
Trademarks Belong to the First User in Commerce
Trademark Rights Can Be Abandoned
Joint Ownership of Trademarks Can Create Issues
Trademarks Conceived by Employees or Partners
Trademarks Used by Third Parties, Distributors
Trademark Clearance Search and Analysis
Avoiding Likelihood of Confusion
Assessing a Mark's Distinctiveness
Trademark and Trade Name Searching
A Word of Caution About Searches
Is There Ever a Time When Searching Is Unnecessary?
Trademark Registration Practice
Federal Registration Practice
Federal Trademark Applications
Obtaining a Filing Date
Name of Applicant
Correspondent Address
Clear Drawing of the Mark
Listing of Goods and Services with Which the Mark Will Be Used
Filing Fees
Completing the Application and Getting to Registration
Types of Federal Applications
Use-Based Applications and Use in Commerce
Use in Commerce
Intent-to-Use Applications
Examination of Applications-Bases for Refusal
Lack of Distinctiveness
Overcoming Distinctiveness Refusals
Likelihood of Confusion
Overcoming Likelihood of Confusion Refusals
Responding to Office Actions
Postexamination Issues
Publication
Notice of Allowance and Statement of Use
Declaration of Use
Specimens
Registration Timeline
Trademark Registration Maintenance
Section 9 Renewal
Section 8 Affidavit of Use
Section 15 Incontestability
Trademark Enforcement and Defenses
Proper Trademark Usage
Trademarks Are Adjectives
Forms of Notice
Policing Trademark Rights Through Watch Services
Taking Action Against Potential Infringers
Demands to Cease and Desist
Trademark Trial and Appeal Board Proceedings
Civil Action
Bringing a Trademark Claim in Federal Court
Note on Internet Presence and Jurisdiction
Trademark Infringement Claims
Similarity of Marks
Sound
Appearance
Meaning
Similarity of Goods or Services
Channels of Trade
Advertising
Class of Purchasers
Actual Confusion in Marketplace
Bad Intent of Defendant
Strength of Mark
False Advertising/Designation of Origin
Dilution
Counterfeiting
Counterfeiting-Criminal Enforcement
Defenses to Criminal Counterfeiting
Counterfeiting-Criminal Penalties
Customs and Border Patrol-Seizures
International Trade Commission
Counterfeiting-Civil Enforcement
State Law Claims
Defenses to Trademark Infringementor Related Claims
Laches
Acquiescence
Unclean Hands
Fair Use
License
Relief
Injunctions
Likelihood of Success on the Merits
Irreparable Harm
Balancing Harm to Defendant
Public Interest
Destruction and Seizure Orders
Monetary Damages
TTAB Opposition and Cancellation Proceedings
Applicable Procedure and Governing Law
Standing to Bring a TTAB Action
Opposition Proceedings
Cancellation Proceedings
Matters Specific to TTAB Proceedings
Form of Complaint
Answer
Defenses
Trade Dress
Packaging Versus Configuration: Two Standards
Trademarks in Transactions
Licensing and Franchise Agreements
Trademark Assignments
Valid Trademark Assignments Versus Assignments in Gross
Recording a Trademark Assignment
Trademarks and Security Interests
Special Issues Relating to Trademarks and the Internet
Domain Names
The Anticybersquatting Consumer Protection Act
Domain Name Dispute Resolution Proceedings
Keywords, Online Advertising, and Search Engine Optimization
Social Networking and Media
International Trademark Protection
The Paris Convention and "Convention Priority"
Madrid Protocol and Madrid Agreement
Advantages
Disadvantages
Community Trade Mark
Advantages
Disadvantages
Exhibit 6A
- Glossary of Trademark-Related Concepts
(Buy Form)
Exhibit 6B
- Trademark-Related Resources
(Buy Form)
Exhibit 6C
- Trademark Request Form (Internal/Corporate)
(Buy Form)
Exhibit 6D
- New Trademark Application Filing Checklist
(Buy Form)
Chapter 7
- Copyright Law
(Buy Chapter)
Introduction: Overview of Copyright Law
Copyright Protection
The Copyright Owner
When Does Copyright Protection Begin?
When Does Copyright Protection End?
Rights of a Copyright Owner
What May Be Copyrighted?
The Purpose of Copyright Law
Sources of Copyright Law: Domestic Legislation
Federal Preemption of State Law
"Equivalent" Rights
"Extra Element"
International Copyright Treaties
National Treatment
Copyrightable Versus Noncopyrightable Subject Matter
What Is Copyrightable?
Originality: A Low Threshold
What Is Original?
Fixation
What Is Fixation?
Copyright Law Protects Expression, But Does Not Protect Ideas
Which Expressions Are Entitled to Copyright Protection?
Importance of the Right Copyright Pigeonhole
Literary Works
Pictorial, Graphic, and Sculptural Works
Oscar Wilde Photograph
Compilations, Collections, and Derivative Works
Collective Works and Compilations
Extent of Compilation Protection
European Database Protection
Derivative Works
Original Work and Derivative Work Have Separate Copyrights
What Is Not Copyrightable?
Typefaces and Fonts
Names, Titles, Slogans, and Short Phrases
Uniform Resource Locators (Web Site Addresses)
Useful Articles
Systems and Methods of Operation
Lotus: Massachusetts Software Case
Contrast with Altai Analysis
Interoperability Is a Favored Public Policy
Systems Are Not Protectable
Facts
Who Owns the Copyright?
General Rule: The Author Owns the Copyright
Works Made for Hire
Who Is an "Employee"?
Commissioned Works
The Relevance of Classifying a Work as Made for Hire
Joint Authors
Key Factors for a Joint Work
All Joint Authors Share Equally
Limitations on Joint Authors
Government-Authored Works
Duration of Copyright
Works Created on or After January 1, 1978
Works Made for Hire
Anonymous or Pseudonymous Works
Works Created Before January 1, 1978
Works Created Before 1978 But Published in 1978 or Later
Works Created and Published Before 1978
December 31 Rule
Public Domain at Expirationof Copyright Period
Exception for Foreign Works
Summary of Above
How to Obtain a Copyright: Registration and Notice
Copyright Is Automatic
The Advantages of Federal Registration
Mechanics of Registration
Effective Date of Registration
Mandatory Deposit
Copyright Notice
Notice Still Advisable
Form of Notice
Notice on Phonorecords
Where Should the Notice Be Placed?
Rights of a Copyright Owner
Exclusive Rights and Their Limitations
Reproduction Right
Limitations on the Reproduction Right
Libraries and Archives
Musical Works: "Mechanical" Compulsory License
Certain Software Copying Permitted
Software Copying for Computer Repair or Maintenance
Broadcasters' Ephemeral Recordings
Organizations Serving Blind and Disabled
Derivative Work Right
Distribution Right
Right Not to Distribute
Preventing Importation
Limitations on the Distribution Right:The "First Sale" Doctrine
First Sale Rights Limited as to Phonorecords and Computer Programs
Public Performance Right
Exclusive Right Relates to Public Performances Only
Public Defined
Performing Rights Societies
Limitations on the Owner's Performance Right
Face-to-Face Instruction
Transmissions to Classrooms and Limited Distance Education
Religious Services
Nonprofit Performances
Sound Recordings
Public Display Right
Are Framing and Inline Linking Public Displays?
Limitations on the Public Display Right
Viewers in the Same Place
Similar Limitations to Public Performance Right
"Moral Rights" for Works of Visual Art
Moral Rights Are Noneconomic Rights
The Visual Artists Rights Act
What Is a "Work of Visual Art"?
Three Rights of Attribution
Right of Integrity
Rights of Attribution and Integrity Are Separatefrom Copyright Rights
Rights Are Personal and Not Transferable
Rights Waivable
Transferring a Copyright and Terminating the Transfer
Rights Transferable in Whole or in Part
What Is a Transfer?
How May Copyrights Be Transferred?
No Writing Necessary for Nonexclusive Licenses
Contributions to Collective Works Such as Periodicals
Does the Written Instrument Transferring Copyright Need to Meet Any Specific Requirements?
Can Cashing a Check from the Proposed Assignee Constitute a Valid Assignment?
Duration
Should Copyright Transfers Be Recordedin the Copyright Office?
Mechanics for Recording a Copyright Transfer
Conflicts Between Transferees
Normal Contract Interpretation Rules Apply
May Assignments (Transfers) of Copyright Be Terminated?
What About Derivative Works Prior to Termination?
Formalities of Termination Notice
Can a Licensor Waive the Right to Terminate?
Works Made for Hire Are Not Subject to the Termination Right
Effect of Termination
Litigation of Copyright Infringement and Claims Under Other Laws
Where to Sue? Subject Matter Jurisdiction
Federal Courts . . . Usually
Diversity Jurisdiction
Federal Jurisdiction: Copyright Infringement
Federal Jurisdiction: Interpretation of the Copyright Act
Examples of Federal Jurisdiction When Copyright Act Needed Interpretation
Personal Jurisdiction
Venue
Suits Against the Government
State Government Immunity from Suit
International Jurisdiction Issues
The Yellow Submarine Case: Authorization to Infringe Overseas Not a Violation of the U.S. Copyright Act
Who May Sue?
Copyright Owner and Exclusive Licensee
Assignment and Prior Infringement Claims
Statute of Limitations
When Does the Claim Accrue?
Each Infringement Is a Distinct Injury
Civil Copyright Infringement Complaint
Civil Copyright Infringement: Direct, Contributory, and Vicarious Infringers
Who Is Liable?
Direct Infringers
Liability for the Infringement of Others-Vicarious Infringement and Contributory Infringement
Elements of Contributory Infringement
Knowledge: Actual or Constructive
Material Contribution to the Infringement
Limit on Contributory Infringement: The "Staple Article of Commerce" Theory
The Betamax Case
Sony Distinguished from Napster
Inducement Liability Under Grokster
Requirement of Direct Infringement
Elements of Vicarious Infringement
Supervision
Financial Interest
Personal Liability of Corporate Officers
What Is Copyright Infringement?
Elements of an Infringement Claim
Plagiarism Is Not the Same as Infringement
Ownership: The First Element of Infringement
Copying: The Second Element of Infringement
How Does a Plaintiff Show Copying?
First Element of Copying: Opportunity to Access Plaintiff's Work
Example of Successful Wide Dissemination Argument
What if the Work Is Not Widely Disseminated?
The New England Patriots Case: Example of Plaintiff's (Unsuccessful) Chain of Events Argument
Example of Chain of Events Argument That Withstood Summary Judgment
Independent Creation Negates Access
Second Element: Copying of Copyrightable Elements
Merger Doctrine and "Scenes a Faire"
Merger Doctrine: Limitation on Copyrightable Elements
Massachusetts Merger Doctrine Case
Statutes Subject to Merger Doctrine
Public Policy Behind the Merger Doctrine
Scenes a Faire: Limitation on Copyrightable Elements
Substantial Similarity
Copying the Overall Pattern of a Work
Computer Context
Copying Individual Segments of a Work
Important Distinction
The Ordinary Observer Test
"Audience Test"
Total Concept and Feel
Abstraction-Filtration-Comparison
First Step: Abstraction
Second Step: Filtration
Elements Included Due to Logic or Efficiency
Elements Dictated by Considerations External to the Software Code in Question
Third Step: Comparison
Defenses to Copyright Infringement
Fair Use
History of Fair Use
Purpose of the Doctrine
The Copyright Act Fair Use Provision
Fair Use Factors Not Exclusive . . . Supposedly
No Single Fair Use Factor Is Decisive
Fair Use Is an Affirmative Defense, Not a Right
The Pretty Woman Case: Example of Defendant Bearing the Burden of Proof
Opposing Viewpoint: Fair Use as a Right
Case-by-Case
The First Fair Use Factor: The Purpose and Character of the Use
"Good Faith" Is Relevant to the Character of Use
The Gerald Ford Biography Case: Example of Bad Faith
The Naked Miss Puerto Rico Universe Case: Example of Good Faith
"Transformative" Use
Transformative Use of Images
"Incidental Use"?
Classroom Use . . . Brevity and Spontaneity
Reverse Engineering
"Temporary" and "Intermediate" Use
The Ticketmaster Case
The PlayStation Case: Software Is Further from the Coreof Copyright Protection
The Second Fair Use Factor: Natureof the Copyrighted Work
Fair Use of Unpublished Works
Third Fair Use Factor: Amount and Substantiality of the Portion Used
Gerald Ford Biography: Important Qualitative Taking
The Importance of the Material Used to the Defendant's Work May Also Be Relevant
The Fourth Fair Use Factor: Effect on the Potential Market, or the Value of the Copyrighted Work
Example of Use's Negative Impact on Market for the Original
2 Live Crew Case: Example of Need to Assess Market for Derivative Works
The Market Test Is Focused on the Particular Work
But Not Necessarily on the Particular Use
Copyright Misuse
Misuse Is Not Limited to Antitrust Violations
Examples of Copyright Misuse
Plaintiff's Software License Forbids Development of Products in the Same Field as Its Software
Plaintiff's License Implicitly Forbids Development of Products That Compete with the Copyrighted Product
Plaintiff Prevents Customer from Using a Competing Product
Plaintiff Uses an Infringement Lawsuit to Obtain Property Protection for Uncopyrighted Information
Plaintiff Engaged in Illegal "Tying" of Products
Pondering the Future of Copyright Misuse
Fraud on the Copyright Office
Plaintiff's Remedies for Infringement
Monetary Damages
No Double Counting
Real-Life Calculation Problems of Damages
Statutory Damages
Jury Award of Damages
Increase for Willfulness
Decrease for Innocent Infringement
Statutory Damages Only Permitted for Registrations Prior to Infringement
Injunctions
Injunctions Are-or Should Be-Tailored to the Infringement
Permanent Injunctions
Relief in Claims Against Federal Entities
Impoundment, Recall Orders, and Destruction
Impoundment
Recall Orders
Destruction or Other Disposition of Infringing Articles
Attorney Fees
Protecting Copyright Management Systems: AntiCircumvention
WIPO Background
Summary of Anticircumvention Provisions
What Are "Copyright Management Systems"?
Example of Encryption
The Streambox "Secret Handshake" Case: Example of Equipment that Facilitates Circumvention
Permitted Circumvention
Classes of Exempted Works
Copyright Management Information
Liability for Online Copyright Infringement
Background
Summary of Section 512 Safe Harbor
Who Is an OSP?
What Steps Must an OSP Take to Benefitfrom the Safe Harbors?
The Four Safe Harbor Activities
First Safe Harbor: Transitory Digital Network Communications
Second Safe Harbor: System Caching
Third Safe Harbor: Infringing Information Residing on a Network
What Kind of Notice Must the Copyright Owner Give?
What Does an OSP Do When It Receives a Notice of Alleged Infringement?
A Party Sending a Takedown Notice Must Act in Good Faith and Consider Fair Use
OSPs Should Register Their Copyright Compliance Agents with the Copyright Office
Fourth Safe Harbor: Linking to Infringing Sites
Special Consideration for Nonprofit Universities
The Good Samaritan Provisions: The Communications Decency Act of 1996
Criminal Copyright Infringement
Elements of Criminal Copyright Infringement
Willfulness
Only Two Exclusive Rights May Form Basis of Felony
Tampering with Copyright Notices
Penalties
Building a Copyright Protection Plan
Exhibit 7A
- Online Resources for Copyright Law
(Buy Form)
Exhibit 7B
- U.S. Copyright Office Information Circulars and Form Letters
(Buy Form)
Exhibit 7C
- Sample Cover E-mail to Employees Regarding Trademark Awareness and Sample Trademark Memo to Employees
(Buy Form)
Exhibit 7D
- Nondisclosure Agreement for Proposed Business Relationship
(Buy Form)
Exhibit 7E
- Summary of Cases Addressing Enforceability of Shrinkwrap, Clickwrap, In-the-Box, and Web Site Terms and Conditions
(Buy Form)
Exhibit 7F
- Work-Made-for-Hire and Confidentiality Agreement
(Buy Form)
Exhibit 7G
- Employee [Noncompetition,] Nondisclosure and Developments Agreement
(Buy Form)
Exhibit 7H
- Development and License Agreement
(Buy Form)
Exhibit 7I
- Form TX and Instructions: Copyright Registration for a Nondramatic Literary Work
(Buy Form)
Exhibit 7J
- Circular 4, Copyright Office Fees
(Buy Form)
Exhibit 7K
- ASCAP Experimental License Agreement for Use of Music on Internet Sites, Release 4.0
(Buy Form)
Exhibit 7L
- Assignment of Copyrights
(Buy Form)
Exhibit 7M
- Author’s Guild Model Contract
(Buy Form)
Exhibit 7N
- Civil Copyright Infringement Complaint
(Buy Form)
Exhibit 7O
- SilverPlatter Information Software and Database License Agreement
(Buy Form)
Exhibit 7P
- Suggested Format for Interim Designation of Agent to Receive Notification of Claimed Infringement
(Buy Form)
Exhibit 7Q
- Interim Designation of Agent to Receive Notification of Claimed Infringement
(Buy Form)
Exhibit 7R
- SilverPlatter Information’s Linking Policy
(Buy Form)
Exhibit 7S
- Lycos’s Linking Policy
(Buy Form)
Exhibit 7T
- Copyright Permission Letter
(Buy Form)
Chapter 8
- Ethical Issues in Intellectual Property
(Buy Chapter)
Introduction
Admission to Practice and Governing Rules
Candor
Competence
Conflict
Privilege
Decorum and Proper Advocacy
Editor(s)
Jerry Cohen, Esq., Burns & Levinson, LLP, BostonAuthor(s)
Sara Yevics Beccia, Esq., Burns & Levinson LLP, BostonRussell Beck, Esq., Beck Reed Riden LLP, Boston
David E. Blau, Esq., Sunstein Kann Murphy & Timbers LLP, Boston
Jerry Cohen, Esq., Burns & Levinson, LLP, Boston
Renee Inomata, Esq., Burns & Levinson LLP, Boston
David Mirchin, Esq., Meitar Liquornik Geva & Leshem Brandwein, Ramat Gan, Israel,
Timothy M. Murphy, Esq., Sunstein Kann Murphy & Timbers LLP, Boston
Deborah J. Peckham, Esq., Burns & Levinson LLP, Boston
Jay Sandvos, Esq., Sunstein Kann Murphy & Timbers LLP, Boston
Mark Schonfeld, Esq., Burns & Levinson LLP, Boston
William S. Strong, Esq., Kotin, Crabtree & Strong LLP, Boston
Bruce D. Sunstein, Esq., Sunstein Kann Murphy & Timbers LLP, Boston
| Product Number: | 2040302B00 |
| Publication Date: | 10/31/2011 |
| Edition: | 2nd Edition 2011 |
| Copyright: | © 2011 MCLE, Inc. |
| Update service: | Supplemented regularly. |
| Formats: |
Print Book
add to cart
| add to Favorites
774 pages in 1 volume (Looseleaf) eBook add to cart | add to Favorites EPUB, MOBI, or PDF |
MCLE™, the MCLE logo, the tagline "Keep Raising the Bar®", MCLE | New England®, MCLE | NE®, NewLawyerAdvantage™
and MCLE OnlinePass™ are trademarks of Massachusetts Continuing Legal Education, Inc.
© 2013 Massachusetts Continuing Legal Education, Inc. All Rights Reserved
For information call 1-800-966-6253
Switch to the mobile site version
and MCLE OnlinePass™ are trademarks of Massachusetts Continuing Legal Education, Inc.
© 2013 Massachusetts Continuing Legal Education, Inc. All Rights Reserved
For information call 1-800-966-6253
Switch to the mobile site version