Kirby Drake Named as Texas Rising Star


Klemchuk LLP, a leading intellectual property (IP) law firm, announces the recognition of Kirby Drake as a 2015 Rising Star in Intellectual Property Litigation by Texas Super Lawyers magazine. Rising Stars are heavily assessed by Texas Super Lawyers through a meticulous selection process, and must meet the publication’s strict set of guidelines. To qualify, lawyers are asked to nominate the best attorneys age 40 or under, or those who have been practicing for 10 years or fewer. In order for an attorney to be nominated,...
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Use It or Lose It: Are You Doing Enough to Show “Use in Commerce” for Registration of Your Trademark/Service Mark?


For the first time, the Federal Circuit directly addressed the “use in commerce” requirement under the Lanham Act for registration of service marks. In Couture v. Playdom, Inc. (No. 2014-1480, March 2, 2015), the Court held that mere advertising or offering of services is insufficient to support registration of a service mark…even if you are ready, willing, and able to provide such services. To qualify as “use in commerce” for purposes of federal registration, the services must also be rendered ....
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Google Has Already Processed More Than 100 Million Takedown Requests in 2015


Now with many years of experience working with the Digital Millennium Copyright Act (DMCA), service providers such as Google or YouTube deal with takedown requests like well-oiled machines. This increased efficiency has been matched by an increase in DMCA takedown requests from copyright holders: already, still in April, Google has processed more than 100 million such requests in 2015. Even in 2011, Google only received several hundred requests per day, but the request rate has risen rapidly. In 2014, it took a full month longer for...
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State Judges Begin to Accept Service via Social Media


You’re not the only one constantly checking Facebook, Twitter, and Instagram. As more people become more constantly connected to these online profiles, a growing body of case law now authorizes the service of process through social media as a last resort. Most recently, a Manhattan supreme court justice allowed an attorney to serve divorce summons through a Facebook private message from the attorney’s account to the husband’s account. In his decision, the judge noted that websites such as Facebook and Twitter...
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A Fast and Furious Legal Conundrum: Who Owns a Dead Actor’s Image?


In the U.S., Fast and Furious 7 earned a record $147 million during its opening weekend, and a touching farewell tribute to the franchise’s late star Paul Walker has fans scrambling for tissues. Undoubtedly, Walker’s untimely 2013 death was heartbreaking for his fans and loved ones, but it also required the film’s director James Wan to film Walker's remaining scenes using footage from earlier films, Walker’s two brothers as body doubles and CGI (computer generated imagery) to artificially recreate the...
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“Incontestable” Trademarks: Part 1


What Incontestability Means In the United States, a trademark registration becomes incontestable after the filing of a Declaration under Section 15 of the Lanham Act, 15 U.S.C. § 1065. In order to meet the requirements of Section 15, the mark must have been in continuous use for at least five consecutive years from the date of registration, and must still be currently in use in commerce. The Section 15 Declaration also requires verification that “there has been no final decision adverse to the owner’s claim...
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Supreme Court Considers Another Patent Infringement Defense


In March 31 oral arguments for the case of Commil USA, LLC v. Cisco Systems, Inc. , the Supreme Court considered arguments for an extension to an already existent patent infringement defense: that the alleged infringer lacked the requisite intent to infringe. A good faith belief that another’s patent is invalid may already provide a defense to patent infringement. Now, the Court will determine whether that same defense can extend to cases of “induced infringement.” In this case, Commil USA, a non-practicing...
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