Publication:2008-2009 Michigan Business Review

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Oakland County Legal News
On Thursday, April 30th, Brooks Kushman hosted its inaugural "Women Helping Women" networking event at the Susanne Hilberry Gallery in Ferndale to aid the endeavors of two local charities: Jackets for Job and Simon House. The event not only supported women-owned businesses (it was held at a female owned art gallery and utilized the services of a female caterer and sommelier), but also collected approximately 100 articles of professional clothing for local women in need.

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   Lora J. Graentzdoerffer, an associate at Brooks Kushman law firm, was recently honored with a Fusion Horizon Award in the category of Professional Services for Young Professionals. The inaugural competition recognizes young and experienced professionals for their professional, civic and community accomplishments and achievements within the Detroit region.
   

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Reprinting permission: Egyptian Goddess: Filing Down the Design Patent Infringement Test to Ensure a Picture Is Worth a Thousand Words, IPLS Proceedin...

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    Brooks Kushman P.C. announced today that Mark S. Sparschu and Timothy J. Quinlan have joined the law firm. Bringing more than 35 ye...

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Reprinting permission: Originally published in Trademark World, December 08 - January 09 Issue

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John S. LeRoy, a shareholder with Brooks Kushman P.C., was recently named an “Up & Coming Lawyer” by Michigan Lawyers Weekly. This year’s class included 10 lawyers who have practiced for 10 years or less and have distinguished themselves in the practice of law.
“It has been wonderful to see John advance and grow his practice in recent years and we look forward with excitement and anticipation to his future accomplishments,” said Mark Cantor, president of Brooks Kushman. “We have worked hard to create an environment that is conducive to growth and learning at Brooks Kushman. John’s latest accomplishment highlights the importance of fostering and nurturing our young talent.”

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Brooks Kushman President, Mark A. Cantor, was recently named a 2008 “Power Lawyer” by Crain’s Detroit Business. According to the business publication, “Power Lawyers” are the best-in-class legal professionals who are leading the charge on current or recent cases of significance, shaping regional issues or growing their firm’s legal business in important new ways. Only 12 lawyers were honored in the publication’s inaugural feature.

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A team from Brooks Kushman P.C., a leading intellectual property and technology law firm, recently received a Silver Award for fundraising efforts on behalf of the National Multiple Sclerosis (MS) Society, Michigan Chapter, during the organization’s 2008 Annual Meeting and Recognition Luncheon. The team raised nearly $7,000, which will help support MS research and outreach programs.

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Publication:Trademark World

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Brooks Kushman Shareholder, Sangeeta Shah was recently recognized by Profiles in Diversity Journal as one of its “Women Worth Watching in 2009,” a feature that celebrates the achievements and personalities of leading women executives. Sangeeta was honored as a woman of purpose who represents diversity within her sphere of influence.

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Seventy lawyers and patent agents. More than 1,000 years of combined legal experience. Over 3,500 intellectual property (IP) and technology-related cases litigated. More than 24,000 patent applications filed. Over 37,000 trademark applications and registrations handled. In the past 25 years, the Brooks Kushman law firm has grown dramatically from its founding by five lawyers to a nationally renowned law firm specializing in IP and technology-related causes.

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Six lawyers from the intellectual property (IP) law firm Brooks Kushman P.C. were named to the Super Lawyers list for 2008. Southfield, Mich.-based Brooks Kushman has more lawyers included in the IP categories of the 2008 Super Lawyers list than any other law firm in Michigan. The Super Lawyers list recognizes outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.

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Brooks Kushman P.C. was recently honored as a member of the Century Club, or one of the 21 law firms recognized for their innovative thinking in the 21st century, by Michigan Lawyers Weekly and the Women Lawyers Association of Michigan at an award ceremony held at The Community House in Birmingham, Mich.

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Brooks Kushman P.C., a leading intellectual property and technology law firm based in Southfield, Mich., has added an office in Los Angeles. The new office is located at 6100 Center Drive, Suite 630, Los Angeles, California 90045; phone: (310) 348-8200. It will be headed up by Mark Mizrahi, a patent attorney whose practice has been based in California for 13 years.

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John M. Halan, a shareholder and lawyer with Brooks Kushman P.C., has been invited to serve on the Engineering Technology Industrial Advisory Board of Lawrence Technological University in Southfield, Mich.
“I’m honored to be on the Lawrence Tech Advisory Board,” Halan said. “As a former engineering student myself, I will take pride in doing my part to help ensure the integrity of the engineering technology program at Lawrence Tech, so that its graduates are fully prepared to take their place as industry leaders.”

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Strut Magazine

Author: Joyce Wiswell

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Publication:2008-2009 Michigan Business Review

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On July 21, 2008, the United States District Court, Central District of California, entered an order dismissing with prejudice the claims of patent infringement that Bravo Sports, Inc. had made against NorthPole Limited, NorthPole (US) LLC, and NorthPole (China) Limited. The NorthPole companies make and sell a wide variety of outdoor, leisure and recreational products worldwide.

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Brooks Kushman P.C. has named Phyllis Golden Morey its first chief diversity officer (CDO) focused on implementing and growing the diversity initiatives of the intellectual property (IP) and commercial law firm. The announcement was made by James Kushman, chairman and chief executive officer, and Mark Cantor, president, of Brooks Kushman.

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To better provide its clients with strategic intellectual property (IP) counsel, management and specialized service, Brooks Kushman P.C. – a national leader in IP law – recently hired Dalpreet S. Saluja and Susan D. Banks, Ph.D. Additionally, three new associates have also accepted offers to start working later this year.

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Due to Brooks Kushman’s continued growth and success in the evolving intellectual property (IP) arena, Thomas W. Cunningham, Anessa Owen Kramer, John S. LeRoy, Matthew R. Mowers and James W. Proscia were recently appointed as shareholders of the firm. Brooks Kushman, a national leader in IP law, anticipates continued success and global expansion in 2008.

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George Mosher , a partner at Brooks Kushman, was OCC's founder and the first Chairman of the Board of Trustees.

The Oakland Press recently recognized Oakland Community College for its job programs. The article described OCC as a "shining star for Oakland County" and a true community college that is trying to meet and exceed the needs of the community.

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On Nov. 16, 2007, the United States Court of Appeals affirmed a judgment in favor of z4 Technologies, Inc. of Commerce Township, Michigan against Microsoft Corporation for willful infringement of two patents covering the “Product Activation” feature used in Microsoft’s software to curb piracy.

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Brooks Kushman P.C.’s John S. LeRoy and Brian S. Tobin were recently honored for their voluntary pro bono work during the past year at the Annual State of the Court and Pro Bono Recognition Luncheon hosted by the United States District Court, Eastern District of Michigan Chapter of the Federal Bar Association.

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In honor of her professional success and community involvement, Anessa Kramer, an associate at Southfield, Mich.-based Brooks Kushman law firm, was recently named to Crain’s Detroit Business magazine’s “40 Under 40, Class of 2007” list.

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Five lawyers from Brooks Kushman P.C. have been named to the 2007 “Michigan Super Lawyers” listing. “Super Lawyers” identifies the top five percent of attorneys in each state, as chosen by their peers and through independent research of Law & Politics magazine.

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Publication:Small Business Association of Michigan

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Venue:ASM HEAT TREATING SOCIETY CONFERENCE, Cobo Hall, Detroit, Michigan

To an audience that included both industry and academia, Marc presented an overview of the impact of globalization on intellectual property rights. Starting with a survey of intellectual property law generally, the trend toward harmonization of intellectual property rights in the international community was then discussed. A summary of some of the international treaties and agreements relevant to companies doing business in the global marketplace was presented, and the presentation was concluded with a discussion of issues to be considered by companies before, during, and after they enter the global market, in order to protect their intellectual property.

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Brooks Kushman P.C. – a leading intellectual property (IP) law firm based in Southfield, Mich. – recently appointed founding partners James A. Kushman to chairman and chief executive officer, and Mark A. Cantor to president.

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Publication:Small Business Association of Michigan

Reprinting permission: Originally published in Small Business Association of Michigan, Focus on Small Business, May 2007 Issue.

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With deep regret we announce the passing of our senior and founding partner Ernie Brooks. Ernie and Jim started Brooks Kushman with five attorneys and three secretaries. Under Ernie’s guidance, it grew to a nationally recognized practice of over 50 lawyers and 60 support personnel. Ernie was a brilliant lawyer and had one of the finest legal minds in the Intellectual Property field. He was a larger than life figure who left an impression on everyone he met, and his sudden passing is felt deeply by those who loved and knew him. Our firm is committed to honoring his memory by continuing his life’s work through our firm. Our thoughts and prayers are with his family and friends as they cope with their sudden loss. Funeral arrangements will be made available as soon as possible.

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With deep regret we announce the passing of our senior and founding partner Ernie Brooks. Ernie and Jim started Brooks Kushman with five attorneys and three secretaries. Under Ernie's guidance, it grew to a nationally recognized practice of over 50 lawyers and 60 support personnel. Ernie was a brilliant lawyer and had one of the finest legal minds in the Intellectual Property field. He was a larger than life figure who left an impression on everyone he met, and his sudden passing is felt deeply by those who loved and knew him. Our firm is committed to honoring his memory by continuing his life's work through our firm. Our thoughts and prayers are with his family and friends as they cope with their sudden loss.

Donations can be made to Interlochen Center for the Arts
in memory of Ernie L. Brooks either online or by mail.

Make checks payable to:

Interlochen Center for the Arts
P.O. Box 199
Interlochen, MI 49643

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Venue:National Bar Association Annual Meeting, Intellectual Property Section, August 2007, Atlanta, Georgia

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     Brooks Kushman P.C. recently received a NameProtect Trademark Insider® Award as the leading trademark law firm in Detroit. The Trademark Insider Awards – a set of annual awards designed to formally recognize leading trademark firms and individual attorneys in the United States – are determined by calculating the number of times an individual law firm / attorney is listed in the correspondent field of all United States Patent and Trademark Office applications submitted in 2006.

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John M. Halan, John S. LeRoy, Hope V. Shovein and Brian S. Tobin of Brooks Kushman P.C. – a locally based national leader in intellectual property (IP) law – were recently appointed to various committees within the Intellectual Property Owners (IPO) Association, a national trade association advocating cost effective and reliable patent, trademark, copyright and trade secret protection.

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     Brooks Kushman announced today that Molly A. Mack has joined the law firm as a trademark attorney. The announcement was made by Ernie L. Brooks, president and founding partner. Mack will focus on trademark clearance, prosecution and licensing. She also will monitor and enforce the trademark rights of her clients.

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     Brooks Kushman announced today that Daniel M. Stock, former in-house counsel at Ford Motor Co., has recently joined the law firm. The announcement was made by Ernie L. Brooks, president and founding partner.

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     Brooks Kushman announced today that Phyllis G. Morey has joined the law firm as head of Commercial Litigation and e-Discovery Compliance and will spearhead the firm’s expanded focus of these key areas. The announcement was made by Ernie L. Brooks, president and managing partner.

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Two of our lawyers - Ernie Brooks and Bill Abbatt - were recognized as "SuperLawyers" in the field of Intellectual Property, in the first Michigan SuperLawyers Listing published by Law & Politics, after a multi-step selection process. That process included a survey of all lawyers in Michigan who have been in practice at least five years and a blue ribbon review panel of leading attorneys from each practice area.

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David Syrowik presents a comprehensive review of computer and Internet case law handed down in 2006.

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On August 10th, 2006, John Halan and Marc Malooley gave a presentation to a group of engineers at the Legal Issues for Michigan Professional Engineers seminar in Ann Arbor, MI. The presentation focused on intellectual property rights for the professional engineer. Topics included protecting copyrights, trademarks, patents, and trade secrets.

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THE NATIONAL LAW JOURNAL

Reprinting permission: © 2006 ALM Properties, Inc. All rights reserved. Further duplication without permission is prohibited. For information, contact ALM Repreint Department at 800-888-8300 x6111 or visit almreprints.com.

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In April, a jury in the Eastern District of Texas (Tyler) awarded $133 million to Michigan-based, z4 Technologies in a patent dispute with Microsoft a...

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Venue:2006 Intellectual Property Spring Seminar

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Publication:Security Management Magazine

Crain's Detroit Business

Venue:On behalf of Michigan Intellectual Property Law Association to members of the US District Court for the Eastern District of Michigan

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IP Law and Business

Brooks Kushman is listed among the top 10 IP firms in IP Law & Business magazine's annual Who Protects IP America survey of the Fortune 250 companies. The survey mentions Brooks Kushman five times in the annual review of IP counsel. Brooks Kushman ties for fourth in patent prosecution and ties for eleventh in top IP firms overall.

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Hope Shovein has been appointed to the International Trademark Association's Legislation and Regulation Committee as a member of the U.S. Legislation Subcommittee.

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Anessa Kramer has been appointed to the International Trademark Association's Legislation and Regulation Committee as a member of the Model State Trademark Bill subcommittee. Anessa also serves as a member of the Project Team in charge of planning the INTA Annual Meeting 2007, and served on the 2003-2005 Meetings Committee for INTA.

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Venue:Society of Plastics Engineers Automotive Composites Conference (Troy, Michigan)

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Venue:Michigan Technological University’s Advanced Technology Development Complex, Houghton, Michigan

The Michigan Tech Enterprise SmartZone held two patent seminars in June to support entrepreneurs and small businesses with professional patent assistance. The seminars were led by patent attorney William Abbatt from the intellectual property law firm Brooks Kushman, P.C., based in Southfield, MI. This was the attorney’s second quarterly visit to Houghton through the SmartZone’s Marketing and Patent Assistance Program launched earlier this year.

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 Publication:Michigan Lawyers Weekly

Congress is currently giving active consideration to several significant changes in the U. S. patent law. Hearings have been held this spring on proposed changes in the patent law that are believed to be likely to be passed into law this summer.

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Venue:American Business Women's Association

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Houghton, MI – The Michigan Tech Enterprise SmartZone has partnered with Brooks Kushman of Southfield, MI to provide patent assistance to high-tech entrepreneurs and small businesses in the Upper Peninsula under a grant from Michigan’s Technology Tri-Corridor Fund (MTTC). The new program will provide entrepreneurs and businesses in the U.P. with local access to a full-service and well-known intellectual property (IP) firm. Brooks Kushman will travel to Houghton quarterly to conduct seminars related to IP followed by meetings with individual businesses and entrepreneurs to assist them with IP strategies, patent applications, trademark and copyright issues, license negotiations, etc. The SmartZone will schedule those meetings and subsidize some of the associated costs.

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IP Law Bulletin

Brooks Kushman launched a billboard campaign on routes between local airports and the Detroit Auto Show and Society of Automotive Engineers conference in Detroit. There are also similar print ads running in

Crain’s Detroit Business.

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SOUTHFIELD, MICH. – A new advertising campaign from the intellectual property law firm Brooks Kushman, PC aims to put the joy of discovery back into the heart of IP law. The campaign will feature a series of ads with kid “inventors” engaged in humorous R&D exploits. The first ad, for example, shows a trio of children in lab coats hovering over bubbling beakers, with a note saying they are working on “invention projekt #3, Invisibul Potion.” (View photo.)

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Reprinting permission: Reprinted with permission from the January/February 2005 (Vol 11, No. 1) issue of HR Advisor

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Publication:Detroit Legal News

Reprinting permission: Reprinted with permission from the Winter 2004 issue of Employee Relations Law Journal

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IP Firm on Corporate Counsel Magazine “Go-To” List
and Ranked in Top 5 Outside IP Counsel by IP Law & Business

SOUTHFIELD, Mich. – Brooks Kushman PC has been named an IP firm of choice for corporate America by two of the legal industry’s top publications: Corporate Counsel Magazine and IP Law and Business.

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Publication:Intellectual Property & Technology Law Journal

Reprinting permission: Reprinted with permission from the December 2004 issue of Intellectual Property & Technology Law Journal

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IP Law & Business magazine lists Brooks Kushman as one of the top 10 IP firms according to the Fortune 250 in the Who Protects IP America survey. The survey mentions Brooks Kushman five times in the annual review of IP counsel.

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Digital World Magazine

There are an increasing number of international sites offering music downloads at low prices with few copyright restrictions. Sites based in Russia and Spain claim to be legitimate, but Tom Lewry warns that bargain hunters should beware, “My advice would be stay away from them because you run the risk of being sued.”

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Publication:Detroit Legal News, Vol. CIX No. 204

In the recent en banc decision of

Knorr-Bremse Systeme Fuer Nutzfahrzeuge GmBH v. Dana Corp.,

Nos. 01-1357, -1376, 02-1221, -1256, 2004 U.S. App. LEXIS 19185 (Fed. Cir. Sept. 13, 2004), the U.S. Court of Appeals for the Federal Circuit overruled the “adverse inference” rule which relates to willful infringement in patent cases.

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Publication:Intellectual Property Litigation Reporter, Vol. 11, Issue 12

On Aug. 5, 2004, U.S. District Judge Paul D. Borman of the Eastern District of Michigan entered judgment against Ford Motor Co.'s former customs broker in a landmark case that received worldwide attention from the customs brokerage industry. Caught up in this multimillion-dollar trade secrets dispute between Ford's former customs broker and its new customs service provider was an individual named Jennifer Sharkey, the only named defendant in this case.

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Venue:Engineering Management Society of the Institute of Electrical and Electronics Engineers (IEEE), Southeastern Michigan Section

Marc conducted a presentation regarding the different areas of intellectual property. The discussion also included what an engineering manager should do and not do to protect intellectual property.

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Site Receives Both “Top 25” and “Nifty 50” Nods

SOUTHFIELD, Mich. – Brooks Kushman, PC is pleased to announce that its Web site, www.brookskushman.com, has been recognized as one of the best amongst small/mid-sized U.S. firms in the annual Internet Marketing Attorney (IMA) ranking.

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Venue:Women Lawyers Association of Michigan

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Venue:2004 INTA Annual Meeting

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SOUTHFIELD, Mich - Brooks Kushman PC is pleased to announce that Anessa Kramer will be moderating a discussion during this year's International Trademark Association (INTA) conference in Atlanta, May 1-5.

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Publication:Oakland County Legal News

Bill Abbatt, a partner at Brooks Kushman, highlights important issues surrounding the protection of slogans, including:

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Publication:Detroit Legal News

Bill Abbatt, a partner at Brooks Kushman, highlights important issues surrounding the protection of slogans, including:

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Venue:American Institute of Chemical Engineers, 2004 Spring National Meeting

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Publication:IP Law & Business

Brooks Kushman's recent billboard marketing campaign appears in this national intellectual property publication.

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Publication:The Detroit Legal News

Brooks Kushman's recent billboard ad campaign was recognized in the Detroit Legal News. In the article, John Halan states "We wanted to build on the marketing campaign we developed for the auto show in a way that would stand out and get noticed." The billboards remained up through the end of January and it will be back up in time for the Society of Automotive Engineers conference in March.

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Publication:Crain's Detroit Business

In an article about the increase in intellectual property litigation in recent years, Ernie Brooks commented, “a pendulum swing in court rulings upholding patents that began in the mid-1960s helped propel interest and activity in intellectual- property litigation.”

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Venue:Institute of Continuing Legal Education

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SOUTHFIELD, Mich. – Weary travelers headed between Detroit and the city’s airport have something new to see from their car windows, courtesy of an innovative billboard ad campaign from the Southfield intellectual property law firm, Brooks Kushman, P.C. Erected to coincide with the recent Detroit Auto Show, the billboards, located on I-94, represent a further step in the firm’s efforts to market itself in ways that are focused, strategic, and creative.

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Publication:Bloomberg

This article notes that Novell Inc. will pay some clients if they are sued for copyright infringement to blunt the impact of threatened suits against Linux users. IBM and Intel pledged to contribute to a defense fund and Hewlett-Packard has agreed to indemnify its customers. Tom Lewry commented that, “The fund means there's money there to fight lawsuits, instead of giving clients money afterward as an indemnification program would”.

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Publication:Intellectual Property Litigation Reporter

A federal appellate court recently ruled that the RIAA cannot obtain the identities of file traders from their ISPs. Tom Lewry commented, "This is obviously going to put a huge monkey wrench" into the RIAA's plans to continue filing lawsuits against individual file traders. “However, the decision will not help the hundreds of individuals who have been sued by the RIAA over the past several months after the group obtained their identities from their ISPs. These cases are not like criminal cases in which information can be suppressed by a judge who finds that it was obtained illegally.”

Lewry represented four college students sued by RIAA for copyright infringement last year.

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Publication:Intellectual Property & Technology Law Journal

Reprinting permission: Reprinted with permission from the January 2004 issue of Intellectual Property & Technology Law Journal

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Publication:Managing Intellectual Property

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Publication:NewsFactor Network

Tom Lewry is quoted in this article that discusses a new study about ethical issues related to downloading copyrighted music.

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Publication:Wired News

Tom Lewry is quoted in this article regarding the music industry’s plans to offer so-called “amnesty” to file traders who come forward and promise not download files in the future.

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Venue:Presented at the 3rd Annual Automotive Composites Conference

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Southfield, Mich. – Attorneys with the intellectual property law firm Brooks Kushman P.C. settled a $62.5 million suit on behalf of Hilgraeve, Inc. vs. Symantec Corporation, just days before the case was to go to trial. As part of the settlement, Symantec, an Internet security company based in Cupertino, Calif., purchased a key security technology patent asset from Hilgraeve, Inc., a privately-held communications software company based in Monroe, Mich.

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Publication:America's Network

Tom Lewry is quoted in this article that discusses whether ISPs should be responsible for the billions of files that are downloaded each month from popular P2P networks.

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Publication:Intellectual Property Litigation Reporter

Reprinting permission: This article is reprinted with permission from the Intellectual Property Litigation Reporter.

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Publication:Telephony

Tom Lewry is quoted in this article from the June 16, 2003, issue of

Telephony

about the Recording Industry Association of America's (RIAA) seemingly cautious pursuit of Internet music piracy.

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Publication:Corporate Counsellor

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Publication:Managing Intellectual Property

Maria Angileri and her client Don Aiken, Ford Motor Co., are featured in this May 2003

Managing Intellectual Property

article exploring the different ways four major corporate trademark chiefs work with their external counterparts.

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Publication:DMCA Alert

Thomas Lewry was quoted in the April 2003 issue of the DMCA Alert regarding the difficulties new encrypted peer-to-peer software programs present to college IT managers responsible for enforcing the Digital Millennium Copyright Act (DMCA).

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Publication:RadioandRecords.com

An article in the April 28, 2003

PM Update

on

RadioandRecords.com

quoted Tom Lewry about the decision by a Los Angeles federal judge that Grokster Ltd, StreamCast Networks Inc. and Kazaa BV are not liable for copyright infringement committed by users of their file-sharing software.

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Reprinting permission: This article is reprinted with permission from the Michigan Bar Journal.

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Publication:The Michigan Computer Lawyer

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Publication:Technology, High-Tech & Internet Law Journal

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Publication:Intellectual Property Law Institute

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Publication:University of Toledo Law Review, 33 U. Tol. L. Rev. 683

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Venue:Intellectual Property Law Institute Judge's Seminar

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Publication:Michigan, State of the Law course handbook of the Institute of Continuing Legal Education (ICLE)

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Venue:The Intellectual Property Litigation Conference, Law Seminars International, Atlanta, GA

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Publication:Michigan Computer Lawyer

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Venue:The Intellectual Property Litigation Conference, Law Seminars International, San Franciso, CA

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Venue:IP Rights and Marketing Online Conference, Law Seminars International, Minneapolis, MN

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Publication:Senior Thesis, Kettering University, pass with distinction

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Publication:Trademark World

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Publication:University of Detroit Mercy Literary Review

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Publication:IP Litigator

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Venue:ALI-ABA Course of Study: Antitrust/Intellectual Property Claims in High Technology Markets: Litigating & Advising, Boston, MA

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Venue:ALI-ABA Course of Study: Antitrust/Intellectual Property Claims in High Technology Markets: Litigating & Advising, Boston, MA

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Venue:Computer Law Conference, Law Seminars International, Seattle, WA

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Publication:Journal of Applied Physiology

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Publication:Michigan Healthcare

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Publication:Detroit College of Law Review

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Publication:Detroit College of Law Review

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