Vol. 4 No. 6 July/August. 2012:
Misuse of Copyright Misuse Doctrine

LandslideBy Ross Q. Panko

A recent decision by a California federal district court could make it more difficult for copyright owners to prevent the unauthorized importation of gray market goods into the United States. The court held that watchmaker Omega S.A.’s “offensive” assertion of its copyright against Costco amounted to copyright misuse. An overview of prior copyright misuse jurisprudence is explored, as well as the potential implications for copyright owners if the court’s decision is affirmed by the Ninth Circuit or adopted by other courts.

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The following articles from Vol.4 No.6 July/August. 2012 are available to Section members. mo


Profiles in IP Law
An Interview with Teresa Stanek Rea

By Lisa Dunner

Teresa Stanek Rea is the Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office. In this interview, she shares her path to the USPTO and discusses the challenges that she has faced. She also talks about her priorities and initiatives as Deputy Director. read more...

Mayo: A Force to Be Reckoned With
By Denise DeFranco

The Supreme Court's decision in Mayo Collaborative Services v. Prometheus Laboratories, Inc., wreaked a new level of havoc on the subject of patent eligibility by crafting a new methodology for determining eligibility under § 101 of the patent statute. Although the decision is hard to swallow and arguably flawed for many reasons, the patent community and the pharmaceutical industry have not taken any action in response. Until they do, the decision serves as a reminder that the Supreme Court always has a leg up on the patent community. read more...

Going Global: What American Companies Are Doing to Build and Protect Their Brands Overseas
By Sara J. Parikh and Vandana Razdan

Interviews were conducted with 20 Fortune 500 companies to shed light on the process and challenges involved in global brand building. The research shows that these companies are pioneers in the development of global brands, but they still face challenges in protecting their brands. Moreover, developing a global brand strategy is vitally important for newer companies, who need to plan much earlier in the product development lifecycle. read more...

Open and Closed Systems: Tim Wu and The Master Switch: The Rise and Fall of Information Empires
By Tim Toohey

Recent debates over legislation to stop online privacy have revealed a gulf between those opposing the bill, who espouse an open and largely unrestricted Internet, and those supporting intellectual property rights. In his book, The Master Switch, Tim Wu explores the historical and ideological underpinnings of the debate, highlighting the tension between open and closed information systems. Although the supporters of stronger anti-privacy measures may currently be in retreat, Wu leaves little doubt that the battle will continue to rage. read more...

Community Trademark: A Partial Look at the Relationship between National Trademarks and Community Trademarks in the European Union
By Simone Verducci-Galletti

The purpose of the Community trademark was to replace individual systems with a single, larger system. Community legislators, however, had to reckon with the already existing national systems, and they included many provisions seeking to bridge the gap between the existing national and regional systems and the novel Community trademark system. Ultimately, the balance between national trademarks and the Community trademark may be considered a work in progress. read more...

The Section 102 Grace Period under the America Invents Act
By Camille M. Barr

Certain provisions in the AIA substantially alter patent law as it is currently practiced. This article explores the implications of the AIA revisions to the novelty provisions, with particular emphasis on the statutory bar requirements and the grace period. Judicial precedent, legislative history, and likely interpretations are examined. read more...

Niceties of the Nice Classification in Asian Trademark Practice
By Malobika Banerji

The Nice Classification system is mandatory for the national registration of marks in countries party to the Nice Agreement and for the international and regional trademark registration systems. The system has been implemented in varied ways in Asian countries. An overview of the broad aspects of trademark registration procedures is provided, along with guidelines for U.S. trademark attorneys instructing foreign associates in Asian countries. read more...

Recent Developments in IP Law
By John C. Gatz

Perspective
By Robert A. Armitage

From the Hill
by Hayden W. Gregory

Meeting of the Minds
By Ceyda A. Maisami and Leslie A. McDonell

Section Focus
By Samson Helfgott

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