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From early cases about the copyright eligibility of comic book characters to modern trademark disputes, comic books and the stories within them bring together a wide range of IP issues. Through the lens of comic book characters and their real world owners and creators, the authors examine recent developments and issues in the areas of patent law, the right of publicity, and copyright law.
The assistant general counsel for the General Services Administration discusses the issues surrounding social media use by federal government agencies, the struggle between “hoarding and protecting” and open source, and challenges faced by governments in the digital age.
Since 1991, accused infringers have to show that a covenant not to sue did not moot ongoing litigation. After the Supreme Court’s recent decision in Already LLC v. Nike, Inc., however, the IP owner has a formidable burden to show mootness under the voluntary cessation doctrine. This trademark decision may have a significant impact on patent litigation in that partial covenants not to sue may no longer moot declaratory judgment actions.
High tech companies seeking trade dress protection for the designs of brick and mortar retail stores face three unique challenges: defining trade dress, showing distinctiveness, and proving lack of functionality. Nevertheless, a company can translate a store design into protected trade dress by carefully distinguishing the distinctive and nonfunctional elements from the overall “design feel” of the store.
3D printing will make it easier to make, modify, and distribute physical things. This ability creates a great deal of opportunity but also raises important legal questions.
The last four terms of the Supreme Court are reviewed to determine its reversal rate for Federal Circuit cases.
Combining design patent and trademark rights is a smart strategy for companies trying to protect their 3D brands. When used together, design patents and trade dress protection can be a rewarding combination, protecting your client’s brand before the new product designs are introduced into the marketplace.
After realizing 3D printing was not just a passing fad but something that would eventually have great legal implications, Author Banwatt created a blog that addresses the questions that come up when low-cost machines can make...anything.
This article explores recent developments and practical considerations in using offers of judgment under Federal Rule of Civil Procedure 68 to limit, and perhaps shift, fee awards in copyright litigation.
An examination of the current status and future possibilities of PAE legislation.
An exploration of the extent to which design patent and copyright protection overlap and how courts have treated subject matter that could be protected by either type of regime.
The column provides highlights of recent trademark, copyright, trade secret, and patent cases.