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In April, the District Court for the Eastern District of Virginia barred the U.S. Patent and Trademark Office from instituting the sweeping rules changes it proposed to limit the number of continuing applications, requests for continued examination (RCEs), and claims that an applicant could make. Even so, it is important to keep an eye on this case. The USPTO is considering an appeal.

The case stems from a proposal that was to take effect Nov. 1, 2007. Among the new provisions, applicants would have been limited to two continuations or continuation-in-part applications and one RCE after the first application. Applicants also would have been restricted to submitting 25 claims, five of which could be independent. The old rules, which remain in effect, allow for an unlimited number of continuing applications, RCEs, and claims.

LifeLock claims to be one of the biggest identity theft protection companies in the world and serves both individuals and businesses. The company is based in Tempe, Arizona and was founded in 2005. LifeLock is funded by private equity investment and venture funds and is currently being valued in excess of $40 million and is well-poised to earn the leadership position in identity theft protection services. With this said, the company is obviously doing something right but does its program work? Before answering this question it is important to understand what identity theft is and what types of protection are available.

When you own a copyright to a photograph, you have complete and exclusive control of how it is reproduced, displayed and distributed. These rights may be assigned, sold, transferred or given away. If you decide to authorize others to use your copyright, also known as licensing, you may want to consider the following items:

a) Who are you giving the rights to?

b) What specific rights are you granting?

c) Are you authorizing print and/or electronic rights?

d) If you grant electronic rights, what kind? CD? Web?

e) For what time are you granting the rights?

It is easier to get in trouble with a website than you might think. What follows, then, are a few tips to help keep your website clear of problems. A word of caution: the law is changing in this area, and the specific facts of each case make a huge difference.

1. DOMAIN NAMES

a. Before you register a domain name, be sure to check for existing trademark registrations. If you don’t, and there is a pre-existing trademark, your domain name may be taken away from you.

i. Check the California business-name list.

Courts must provide litigants with an opportunity to be heard before ruling on the admissibility of expert testimony - and in all but exceptional cases that requires courts to hold hearings with full briefing and argument, the Supreme Court of Mississippi ruled in an en banc opinion issued October 4th.

Reviewing a personal-injury case in which two girls were severely burned in a school bus fire, the Supreme Court held that the trial judge erred when he struck an expert’s affidavit without a hearing and entered summary judgment. The court reversed the judgment and remanded the case.