In an alternate universe, Righthaven represents the writers up against Cooks Source, attorneys conduct some cost/benefit analysis before suing, and everyone involved in this journalism-publishing-lawsuit stew fact checks and keeps business-as-usual neat and orderly. Most importantly, the public trusts the system. But in this universe, newspapers sic attorneys on their own sources, editors of cooking...
Facebook recently filed a complaint against Teachbook.com, a social networking site for teachers, for alleged trademark infringement in the Northern District of California. Specifically, Facebook argues that Teachbook misappropriates the term "book" from its regsistered trademark. The complaint further alleges that Teachbook dilutes the company's famous mark and causes confusion as to the source of...
Apple has finally ended its iPhone trademark problem in China by acquiring the rights to the "i-phone" mark from Hanwang Technology. The acquisition ends a dangerous intellectual property and marketing situation for the company. As I wrote in an earlier post, because of an apparent oversight in coordinating its marketing strategy and trademark strategy, Apple...
I am excited to introduce Soyeun D. Choi, a new contributor to the Strategy x Law Blog. She will write primarily on leadership, business and intellectual property. After conversations with Soyeun about the connections between business and law, I am confident that she will provide thoughtful insights on this intersection of issues. Soyeun advises her...
The New York Times recently reported on the emerging patent market. The idea is that a market where patents can be bought and sold would reduce the costs of litigation and promote innovation. What are the prospects for success of a patent marketplace? Patents As Commodities? For a patent marketplace to operate efficiently, it would...
Now that The Walt Disney Company (WDC) has acquired Marvel and its characters for $4 billion (a 29% premium), the question is how will Disney impact Marvel? Both companies touted the deal as huge win. Will WDC propel the comic book powerhouse to greater success or erode its value? The Good Of The Deal Stan...
Will the smart grid develop through proprietary intellectual or open innovation? To what extent can both contribute to the smart grid's growth? The answers to these questions will have a huge influence on how the smart grid works and what it ultimately does for energy efficiency. In this post, I offer a few thoughts on...
After last week's WTO ruling regarding China's importation of copyrighted materials, China has announced that it will appeal the decision. What are the implications of the appeal? Reasons For China's Appeal China has given two related responses to the WTO ruling. First, China contends that the importation of copyrighted materials, including music, books, and movies...
The World Trade Organization (WTO) has ruled that China improperly curbs imports of books, music, and movies. While it is tempting to view the ruling as a victory for copyright law, it does not mean the competitive playing field will become level. The U.S. Complaint Against China In 2007, the United States complained to the...
In this post, I continue to examine how small businesses and startups can avoid common misconceptions about intellectual property. This time, I turn to patent issues that small and emerging companies must consider to maximize the value they create and capture from their intellectual property. As noted in the previous post, these misconceptions come from...