Publications

Publications

Articles

  • The Sarbanes-Oxley Act and D&O Insurance - Who Bears the Cost of Corporate Responsibility?
    Andrews - October 7, 2002
    By Andrew L. Margulis
  • Do Software Manufacturers Still Have the License to Sue?
    Intellectual Property & Technology Law Journal - October 1, 2002
  • Court Ruling Ushers in Brave New World
    Silicon Valley Bisiness Ink - May 31, 2002

    Companies might puff a bit when it comes to describing their products or services. And consumers are rarely confused when they see the resulting advertisements or public relations blitzes. But the California Supreme Court seems to be -- and that's bad news for companies promoting their wares in California.

    In its May 2 opinion in Kasty v. Nike Inc., the court said all sorts of company promotions and communications might have a "tendency to confuse" -- even if the communications are true.

  • The Environmental Self-Audit Quagmire
    Environmental Health & Safety Products - May 20, 2002
  • Arbitration Panel Finds In Favor Of DHP Silver Creek Investors And Pacific Diversified Company In Comples Construction Case
    May 1, 2002
    By Kevin P. Cody

    San Jose, Calif. – May XX, 2002 – A contract dispute initiated by a residential homebuyer in the high-end subdivision of the Silver Creek area of San Jose, known as Silver Creek Vintage Estates, against the contractor and individual investors is now final. Attorney Kevin P. Cody, a partner at the San Jose-based Ropers Majeski Kohn & Bentley (RMKB), a multi-service law firm offering litigation and transactional services to domestic and international businesses, successfully represented DHP Silver Creek Investors and Pacific Diversified Company, Inc.

  • Defining The Boundaries of Fair in Cyberspace
    May 1, 2002
    In less than one week, the Ninth Circuit Court of Appeals has issued two landmark rulings which take major steps forward in defining the boundaries of what are “fair uses” of others intellectual property over the Internet. On February 1, 2002, the Playboy v. Welles ((9th Cir. 2002) __ F.3d ___; 2002 DJ DAR 1253), Court confirmed that the use of another’s trademarks on web pages and meta tags, under certain circumstances, does not constitute trademark infringement. On February 6, 2002, in Kelly v.

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