Landslide® March/April 2014

    Volume 6 Issue 4  

    Copyright

    IP and the Comic Book Superhero

    James E. Daily, Brad M. Desnoyer, and Janet Fries

    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.

    Features

    Trade Secrets

    Minding the Store: Trade Dress Protection for Retail Store Designs

    Holly Hogan

    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.

    Entertainment & Sports

    Mooting Declaratory Judgment Actions through Covenants Not to Sue after Already, LLC v. Nike, Inc.

    Matthew K. Blackburn

    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.

    Columns