Stephen W. Feingold


Articles:

  • Monday, December 1, 2008
    Editor: Please describe your background and your practice at Day Pitney. Lieberstein: I specialize in Intellectual Property Litigation and counseling, including patent, copyright and trademark litigation, as well as licensing, mark clearance, and trademark prosecution. Working in both litigation and on the transactional side allows me to spot some issues...
  • Wednesday, February 1, 2006
    Introduction Blogging has exponentially grown in popularity as a medium where individuals can voice their opinions and ideas in real time. The opinions and ideas posted usually take the form of text. However, they can also be expressed in the form of video, audio and photographs. Blogging has gone largely unnoticed as a medium of expression used by a few...
  • Thursday, September 1, 2005
    Was the Supreme Court's long awaited ruling in MGM v. Grokster1 as significant as the famous Sony v. Universal City Studios2 case twenty years ago? Probably not. The Court decided Grokster in accordance with common law principles of secondary liability and the opinion is narrowly tailored, leaving unaddressed the question of whether peer-to-peer technology...
  • Sunday, May 1, 2005
    Cases Dispelling The Myth In our fact pattern, if DJ filed a declaratory judgment action, C&D's first step would be to file a motion to dismiss in the court where DJ filed. The basis for dismissal would be that DJ filed an improper anticipatory filing. The cases also indicate that C&D should file (and serve) its own complaint in the forum of its...
  • Tuesday, February 1, 2005
    Intellectual Property law, like every discipline, contains certain "common wisdoms" or "myths" which simply do not correspond to the established precedent. One such common misperception is that when writing a cease and desist letter it is important not to be overly aggressive. The concern is that if one sends a letter threatening a law suit and the alleged...
  • Wednesday, September 1, 2004
    Having a presence on the World Wide Web used to be a simple matter. Companies would promote themselves and their products on webpages and hope that enough consumers would show enough interest at least to justify the cost of the website. As the Internet evolved into a vast commercial enterprise, businesses began to apply the same marketing analysis as they...