Intellectual Property

The newsletter of the ISBA’s Section on Intellectual Property Law

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2013 Articles

After ReDigi: Contrasting the EU and U.S. approaches to the re-sale of second-hand digital assets By David Naylor May 2013 An overview of the ReDigi and UsedSoft decisions and contrasts what appear to be increasingly divergent approaches in the EU and the U.S.
Breaches of privacy and data—New risks, new insurance By Daniel Kegan 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.
The HIPAA HITECH headache By Elliott C. Bankendorf & Melaina D. Jobs March 2013 On January 25, 2013, the Department of Health and Human Services issued a Final Rule modifying the HIPAA.
How to stop a competitor from getting a patent By Eric R. Waltmire June 2013 A review of the options to consider in light of a known or suspected pending patent application.
Intellectual Improbabilities™ By Daniel Kegan October 2013 Brief summaries or comments on interesting or important IP developments.
Intellectual Improbabilities™ By Daniel Kegan March 2013 Eclectic snippets from recent events.
IP USA Federal Date Answers By Daniel Kegan March 2013 The answers to the questions posed in the second article of this issue.
IP USA federal date quiz By Daniel Kegan March 2013 Can you name the intellectual property events associated with these events?
Joint CLE in Colorado? June 2013 If a CLE session in Boulder, CO in 2014 sounds appealing, make sure your voice is heard! 
Joint CLE in Colorado? May 2013 If a CLE session in Boulder, CO in 2014 sounds appealing, make sure your voice is heard! 
The “nothing new here” new PTO ethics rules By Lori M. Haymon May 2013 Effective May 3, 2013, the United States Patent and Trademark Office has adopted new rules on professional ethics.
Plaintiff’s covenant moots counterclaim of trademark invalidity By Eric R. Waltmire March 2013 Already LLC v. Nike Inc., deals with whether a plaintiff trademark holder can easily moot a case when a defendant challenges the validity of the trademark and what impact the mooting will have on the plaintiff’s trademark rights.
Seventh Circuit addresses trademark confusion in movie title By Steve Mandell, Steven L. Baron, & Elizabeth Morris June 2013 The Seventh Circuit recently affirmed a Northern District of Illinois court’s dismissal of a trademark case where a movie title allegedly infringed upon the name of a musical group.
Superman’s copyright kryptonite—And Sherlock Holmes finds it’s less than elementary By Margo Lynn Hablutzel May 2013 The longrunning saga of copyright ownership of Superman and his family may finally be ending, just as a case around the copyrights for Sherlock Holmes is beginning.
Torrent Wars: Copyright trolls, legitimate IP rights, and the need for new rules vetting evidence and to amend the Copyright Act By Jeffrey J. Antonelli October 2013 The problems caused by the current wave of BitTorrent copyright litigation flooding the federal courts is a classic case of the law needing to catch up to the current state of technology. In the article Torrent Wars the writer describes the Litigation abuses need to be curbed to avoid the continued burdening of innocent individuals and families becoming defendants to federal copyright litigation. Amendments to the Copyright Act are suggested to minimize the cap on statutory damages to $5,000 for consumers who infringe without a monetary purpose, rather than $150,000, as well as to screen complaints based on the Maryland District Court’s special Master process.
Trademark Trial and Appeal Board not flip about the bird By Steven L. Baron & Natalie A. Harris October 2013 The Lanham Act forbids registration of "immoral" and "scandalous" trademarks. Some decisions appear arbitrary. Luxuria's beverage bottle with raised middle finger was refused registration.
U.S. Copyright Office: The Register’s call for updates to U.S. copyright law June 2013 Statement of Maria A. Pallante, Register of Copyrights, before the U.S. House of Representatives on March 20, 2013.