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IP News
December 21, 2012
Highlights of the latest intellectual property news from around the country.
'Buckyballs' Lawsuit May Limit Use of Celebrity Name
December 21, 2012
Advertisers and marketers should watch <i>The Estate of Buckminster Fuller v. Maxfield &amp; Oberton Holdings, LLC</i> closely to see what limits may exist on their use of a name that has ties to a celebrity as well as a separate object.
Return of the Undead: Golan v. Holder and the Public Domain
December 21, 2012
A recurring issue in intellectual property law is the possibility of establishing rights in subject matter from the public domain and drawing the boundaries between what is public and private. The issue arose in one guise in <i>Golan v. Holder</i>, 132 S.Ct. 873 (2012), which upheld the constitutionality of the Uruguay Round Agreements Act (or, informally, Copyright Restoration Act), granting U.S. copyright protection to certain works that had passed into the public domain in the United States, but which were still protected in their country of origin.
Preissuance Submission Strategies for Patent Prosecution and Litigation
December 21, 2012
Under the Leahy-Smith America Invents Act, several new mechanisms allow third parties to challenge patent applications and patents. Among these is a new preissuance submission procedure by which members of the general public may submit prior art believed to be relevant to a pending patent application.
December issue in PDF format
November 29, 2012
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IP News
November 29, 2012
Highlights of the latest intellectual property news from around the country.
Trademarking Athletes' Names and Slogans
November 29, 2012
If recent trends are any indication, athlete-related trademarking activity promises to keep increasing.
Protecting Reality TV Formats
November 29, 2012
The nature of reality television programs is a relatively modern concern and &mdash; like reality itself &mdash; doesn't lend itself well to copyright protection.
Contracting Away a Controversy: Nike v. Already LLC
November 29, 2012
In a case that could have important ramifications for trademark owners, as well as owners of other intellectual property and infringing defendants, the U.S. Supreme Court on Nov. 7, 2012, heard oral argument in <i>Already LLC v. Nike, Inc.</i> The case revolves around under what circumstances a covenant not to sue can defeat jurisdiction.
November issue in PDF format
November 02, 2012
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