Publications

Section Newsletter Articles From Daniel Kegan

Intellectual improbabilities™ By Daniel Kegan Intellectual Property, June 2019 An eclectic gathering of recent intellectual property developments.
Intellectual improbabilities™ By Daniel Kegan Intellectual Property, April 2019 An eclectic gathering of recent intellectual property developments.
Intellectual Improbabilities™ By Daniel Kegan Intellectual Property, January 2019 An eclectic gathering of recent intellectual property developments.
Intellectual improbabilities™ By Daniel Kegan Intellectual Property, November 2018 An eclectic gathering of recent intellectual property developments.
Intellectual Improbabilities By Daniel Kegan Intellectual Property, March 2018 An eclectic gathering of recent intellectual property developments.
Intellectual Improbabilities By Daniel Kegan Intellectual Property, November 2017 An eclectic gathering of recent intellectual property developments.
Mohawk sovereign immunity tactic vs. inter party review By Daniel Kegan Intellectual Property, September 2017 Can an asset transfer to a sovereign, here an Native American Indian tribe, in the midst of an Inter Party Review (IPR) deprive the PTO of jurisdiction? Allergan Plc transfer to the Saint Regis Mohawk Tribe for billion-dollar annual sales drug Restasis.
Simple IP evaluations By Daniel Kegan Intellectual Property, September 2017 Perspectives on evaluating intellectual property, prompted by Internet elist queries: Breach of non-compete damages, Internet domain and associated trademarks, and Seeking accountant with IP experience.
Intellectual Improbabilities By Daniel Kegan Intellectual Property, June 2017 New and notable intellectual property updates.
Intellectual Improbabilities By Daniel Kegan Intellectual Property, January 2017 New and notable intellectual property updates.
Repairing disparagement: A slant on language and trademarks By Daniel Kegan Intellectual Property, January 2017 The arc of the moral universe reportedly is long, but bends toward justice. Will the US Supreme Court accelerate or impede that curvature when it decides Lee v. Tam, which is scheduled for hearing on January 18, 2017?
First copyright principles for the First Lady’s speech By Daniel Kegan Intellectual Property, September 2016 Who owns the copyright to a speech made by the spouse of the President of the United States? The First Lady of the United States (FLOTUS), the President of the United States (POTUS), the federal government, the writers assisting the spouse, the editors of the speech, we the American people, no one? As with most short legal questions, it depends.
Intellectual Improbabilities™ By Daniel Kegan Intellectual Property, September 2016 An eclectic gathering of recent intellectual property developments
Intellectual Improbabilities By Daniel Kegan Intellectual Property, July 2016 New and notable intellectual property updates.
Taking a default By Daniel Kegan International and Immigration Law, February 2016 Defaulting has pejorative connotations, but sometimes accepting a default judgment may be a wise decision. Courts sometimes permit alternatives to traditional service, FRCP 4. The Hague Service Convention, the Inter-American Convention on Letters Rotatory, and the ubiquitous, pervasive Internet make service of process easier. The Internet has also spawned complaints with hundreds of defendants, often for alleged copyright or trademark violations. For the innocent, downstream, small business defendant, defaulting may be more rational than defending, even when the complaint contains deceptive and false allegations. Decision considerations and likely settlement elements are presented.
Intellectual Improbabilities By Daniel Kegan Intellectual Property, November 2015 News and updates of interest to intellectual property law practitioners.
Taking a default By Daniel Kegan Intellectual Property, November 2015 Defaulting has pejorative connotations, but sometimes accepting a default judgment may be a wise decision. Courts sometimes permit alternatives to traditional service, FRCP 4. The Hague Service Convention, the Inter-American Convention on Letters Rotatory, and the ubiquitous, pervasive Internet make service of process easier. The Internet has also spawned complaints with hundreds of defendants, often for alleged copyright or trademark violations. For the innocent, downstream, small business defendant, defaulting may be more rational than defending, even when the complaint contains deceptive and false allegations. Decision considerations and likely settlement elements are presented.
Intellectual Improbabilities By Daniel Kegan Intellectual Property, August 2015 News and updates of interest to intellectual property law practitioners.
Life extension for lesser-known works By Daniel Kegan Intellectual Property, July 2015 Five steps to ensure an author's work remains available to the public. 
Intellectual Improbabilities By Daniel Kegan Intellectual Property, May 2015 Recent news and developments of interest to intellectual property law practitioners.
Intellectual Improbabilities By Daniel Kegan Intellectual Property, January 2015 Recent news and developments of interest to intellectual property law practitioners.
Electronically stored information and reasonable retention vs. hoarding By Daniel Kegan Intellectual Property, November 2014 While most lawyers and law firms may not suffer as extremely as hoarders seen on TV, the similarities can sometimes be striking.
Intellectual Improbabilities By Daniel Kegan Intellectual Property, November 2014 Recent news and developments of interest to intellectual property law practitioners.
Gary A. Rosen, Unfair to Genius: The Strange and Litigious Career of Ira B. Arnstein, Oxford University Press, 2012, 307+xv pages By Daniel Kegan Intellectual Property, September 2014 Gary Rosen’s biography of copyright and perennial plaintiff Ira B Arnstein presents the perspectives of panel judges Leonard Hand, Jerome Frank, and Charles Clark as they wrestled with the right to summary judgment for a poor plaintiff’s case.
Intellectual Improbabilities By Daniel Kegan Intellectual Property, June 2014 Eclectic selective summaries of IP agency changes, IP cases, noteworthy events, and curiosities.
Creatives, entrepreneurs, and startups By Daniel Kegan Intellectual Property, May 2014 While Creatives, Entrepreneurs, and Startups follow unique paths, there typically are a few major pitfalls to minimize. Here are 19 brief guidelines; some are helpful reminders for established endeavors.
Intellectual Improbabilities By Daniel Kegan Intellectual Property, May 2014 Eclectic selective summaries of IP agency changes, IP cases, noteworthy events, and curiosities.
Intellectual Improbabilities™ By Daniel Kegan Intellectual Property, February 2014 Eclectic selective summaries of IP agency changes, IP cases, noteworthy events, and curiosities.
Surveys, science & skepticism By Daniel Kegan Intellectual Property, February 2014 Expert witnesses are used in diverse areas of the law, including intellectual property, and are typically paid for their work, as attorneys commonly are. A skilled expert may find consistent employment helping fact finders understand the evidence and implied facts.
Breaches of privacy and data—New risks, new insurance By Daniel Kegan Intellectual Property, October 2013 The Internet makes everything much easier, including breaches of privacy and data. Federal and state laws now create employer and data-custodian liability for such breaches. An information audit is suggested. Insurance targeted for these liabilities is now available.

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