| |
| |
Preface | |
| |
| |
Acknowledgments | |
| |
| |
| |
Conflicts: Causes, Prevention, and Controlling Counterfeiting | |
| |
| |
In-House Enforcement Strategies on the Internet | |
| |
| |
Partnering with Outside Legal Counsel | |
| |
| |
Conclusion | |
| |
| |
Notes | |
| |
| |
| |
Electronic Discovery in Intellectual Property Cases | |
| |
| |
Electronic Discovery Process | |
| |
| |
Conclusion | |
| |
| |
Notes | |
| |
| |
| |
Controlling Patenting Costs | |
| |
| |
Defining the Objective | |
| |
| |
Deciding Where to File | |
| |
| |
Delaying Costs | |
| |
| |
Alternative Means of Protection | |
| |
| |
Proper Preparation | |
| |
| |
Logistics of Filing | |
| |
| |
PCT Formality Advantages | |
| |
| |
Avoiding Duplication of Effort | |
| |
| |
Prosecution Issues | |
| |
| |
Particular Issues in the United States | |
| |
| |
Particular Issues in the EPO | |
| |
| |
Particular Issues in Japan | |
| |
| |
Pruning the Portfolio | |
| |
| |
Licenses of Right | |
| |
| |
Conclusion | |
| |
| |
Notes | |
| |
| |
| |
Trademark Costs: Trimming the Sails in Rough Economic Waters | |
| |
| |
Evaluating and Organizing a Trademark Portfolio | |
| |
| |
Selecting and Clearing a New Trademark | |
| |
| |
Filing and Pursuing Trademark Registrations | |
| |
| |
Using and Enforcing Trademark Rights | |
| |
| |
Conclusion | |
| |
| |
Notes | |
| |
| |
| |
Domain Names | |
| |
| |
An Overview of the Internet | |
| |
| |
Domain Names | |
| |
| |
Conclusion | |
| |
| |
Notes | |
| |
| |
| |
Creating, Perfecting, and Enforcing Security Interests in Intellectual Property | |
| |
| |
U.S. Securitization of Intellectual Property | |
| |
| |
Perfection of Security Interests in Trademarks in the United States | |
| |
| |
Perfection of Security Interests in Patents in the United States | |
| |
| |
Perfection of Security Interests in U.S. Copyrights | |
| |
| |
Perfection of Security Interests in Domain Names | |
| |
| |
Attempts to Harmonize Perfection Laws in the United States as It Relates to Intellectual Property | |
| |
| |
Default | |
| |
| |
International Creation and Perfection of Security Interests | |
| |
| |
Conclusion | |
| |
| |
Notes | |
| |
| |
| |
Strategic and Legal View of Licensing Patents | |
| |
| |
Nomenclature | |
| |
| |
State of the Law | |
| |
| |
Basic Principles for Licensing | |
| |
| |
How Does One Go About Licensing Out Patents, and What Are Some Strategic Considerations? | |
| |
| |
Some Legal Considerations for a Patent Licensor | |
| |
| |
Strategic and Legal Considerations for a Patent Licensee | |
| |
| |
Royalty Audits | |
| |
| |
Conclusion | |
| |
| |
Notes | |
| |
| |
| |
Monetizing IP Rights: Licensing In and Out | |
| |
| |
Grant of Rights | |
| |
| |
Key Defined Terms | |
| |
| |
Quality Control | |
| |
| |
Term and Termination | |
| |
| |
Confidentiality | |
| |
| |
Managing Costs: Insurance, Indemnifications, Reps, and Warranties | |
| |
| |
Conclusion | |
| |
| |
Notes | |
| |
| |
| |
Working with Government | |
| |
| |
The Big Picture | |
| |
| |
Commercial or Noncommercial | |
| |
| |
Commercial Item | |
| |
| |
Changes to COTS Using Government Funding | |
| |
| |
Noncommercial Item | |
| |
| |
Noncommercial Item Development | |
| |
| |
Noncommercial Item Development Funding | |
| |
| |
Noncommercial Item License Rights to the Government | |
| |
| |
Noncommercial Item Doctrine of Segregability | |
| |
| |
Noncommercial Item Assertions Table | |
| |
| |
Marking | |
| |
| |
Deferred Ordering | |
| |
| |
Beware the Prototype | |
| |
| |
Inventions and Patents in Noncommercial Contract Effort | |
| |
| |
Noncommercial Item Effort Impact | |
| |
| |
Private Funding and Government Funding | |
| |
| |
Reuse Prohibitions | |
| |
| |
Treatment of Subcontractors | |
| |
| |
Outsourcing of Government Work | |
| |
| |
IP Owner�s Rights Relative to Government Activity | |
| |
| |
Conclusion | |
| |
| |
Notes | |
| |
| |
| |
Valuation, Monetization, and Disposition in Bankruptcy | |
| |
| |
IP and the Bankruptcy Context | |
| |
| |
Quality, Hierarchy, and Value | |
| |
| |
The Valuation Process | |
| |
| |
Value Extraction: Monetization and Disposition | |
| |
| |
Lessons: Due Diligence and Marketing | |
| |
| |
IP Monetization in the 21st Century | |
| |
| |
Conclusion | |
| |
| |
Notes | |
| |
| |
| |
Outsourcing of Branding and Marketing | |
| |
| |
Brand Naming Project Dynamics | |
| |
| |
Brand Naming Compared to Reference Naming | |
| |
| |
The Descriptive Brand Name Problem | |
| |
| |
The Unique Brand Name Value | |
| |
| |
A Memorable Brand Name? | |
| |
| |
Common Misguided Brand Name Criteria | |
| |
| |
Six Criteria for Effective Brand Names | |
| |
| |
The Supporting Role of a Descriptive Phrase | |
| |
| |
The Graphic Realization of a Brand Name | |
| |
| |
The Value of Graphic Realizations | |
| |
| |
Comparing ��Logotypes�� and ��Mark Plus Logotypes�� for Brand Development Powers | |