Landslide® September/October 2013

Features

Intellectual Property

It’s All Relative: Taste, Timing, and Einstein’s Rights of Publicity in the Post-Twitter World

Rebeccah Gan

The U.S. District Court for the Central District of California recently faced the issue of privacy and public expression in the context of a right of publicity case involving the estate of Albert Einstein. Author Gan reviews the decision in conjunction with the postmortem right of publicity.

Intellectual Property

Intellectual Property Licenses in Bankruptcy: Can Lubrizol, § 365(n), and Sunbeam Be Reconciled?

Marcelo Halpern

Intellectual property licenses have become indispensable parts of most businesses, and the bankruptcy of a licensor can be a daunting prospect for a licensee. The rights of licensees have been dramatically affected by the holdings in Sunbeam and Lubrizol and by Congress’s attempt to temper Lubrizol with the passage of § 365(n).

Intellectual Property

Profiles in IP Law: An Interview with Chief Judge Gerard F. Rogers

Cheryl L. Black

The Honorable Gerard F. Rogers began his public service career with the USPTO and today is chief administrative law judge for the Trademark Trial and Appeal Board. He discusses a variety of topics including the changing landscape of the Board, current initiatives, and the advantages of practicing before the Board.

Copyright on Architectural Works: Does It Need to Be Changed?

Lawrence C. Maxwell

Copyright law protects the expression of an idea, but not the idea itself, leaving it difficult to determine whether building plans are entitled to copyright protection. Courts, however, have wrestled with copyright claims on these works and few have been willing to tackle the arguments about ideas and expressions.

Intellectual Property

Examining the Evolving Role the Public Interest Plays at the ITC

P. Andrew Riley

The ITC recently increased the attention it gives to the statutory public interest concerns it must address before issuing a remedy, and altered its rules to allow more public interest fact-finding. This article examines the changing practice before the ITC and the increasing role of third parties and the public interest in ITC remedies.

Mediating Copyright and Intellectual Property Disputes

Judge James Scott Sledge (Ret.)

The litigation of intellectual property cases involves excessive costs and extended time frames and leads to unpredictable results. The use of mediation over litigation in resolving disputes involving copyright and other intellectual property is encouraged in light of the many advantages that mediation offers.

Intellectual Property

To Enjoin or Not To Enjoin: What’s Come of the Test Since eBay?

Brian J. Vogel and Shane St. Hill,Bryan J. Vogel Shane St. Hill

The decision in eBay v. MercExchange changed the rules for awarding injunctions in patent litigation, requiring patent holders to satisfy the same four-part test used to assess nonpatent requests for an injunction. Since eBay, many of the district courts’ focuses have been on whether a patent holder will suffer irreparable harm.

Columns

Intellectual Property

Looking Forward

Robert K. Fergan, Editor-in-Chief

Message from the editor

Intellectual Property

Towards Key Advocating in FY 2014

Robert O. Lindefjeld

The Section chair discusses the ABA-IPL’s mission to advocate practical and productive action.

Intellectual Property

The ABA-IPL Section and Amicus Briefs—The “Third Half”: Lexmark and Fresenius II

Hayden W. Gregory

The decisions in Lexmark and Fresenius II are discussed.

Intellectual Property

I2P Group News

Samson Helfgott

Recent IP developments from around the globe are discussed.

Intellectual Property

Decisions in Brief

John C. Gatz

The column provides highlights of recent trademark, copyright, trade secret, and patent cases.

Renew Your ABA Membership

Landslide® September/October 2013

Protecting U.S. Trade Secret Assets in the 21st Century

Features

It’s All Relative: Taste, Timing, and Einstein’s Rights of Publicity in the Post-Twitter World

Intellectual Property Licenses in Bankruptcy: Can Lubrizol, § 365(n), and Sunbeam Be Reconciled?

Profiles in IP Law: An Interview with Chief Judge Gerard F. Rogers

Copyright on Architectural Works: Does It Need to Be Changed?

Examining the Evolving Role the Public Interest Plays at the ITC

Mediating Copyright and Intellectual Property Disputes

To Enjoin or Not To Enjoin: What’s Come of the Test Since eBay?

Columns

Looking Forward

Towards Key Advocating in FY 2014

The ABA-IPL Section and Amicus Briefs—The “Third Half”: Lexmark and Fresenius II

I2P Group News

Decisions in Brief

ABA Resources

The ABA

Connect

Renew Your ABA Membership

American Bar Association TM American Bar Association

Landslide® September/October 2013

Protecting U.S. Trade Secret Assets in the 21st Century

Features

It’s All Relative: Taste, Timing, and Einstein’s Rights of Publicity in the Post-Twitter World

Intellectual Property Licenses in Bankruptcy: Can Lubrizol, § 365(n), and Sunbeam Be Reconciled?

Profiles in IP Law: An Interview with Chief Judge Gerard F. Rogers

Copyright on Architectural Works: Does It Need to Be Changed?

Examining the Evolving Role the Public Interest Plays at the ITC

Mediating Copyright and Intellectual Property Disputes

To Enjoin or Not To Enjoin: What’s Come of the Test Since eBay?

Columns

Looking Forward

Towards Key Advocating in FY 2014

The ABA-IPL Section and Amicus Briefs—The “Third Half”: Lexmark and Fresenius II

I2P Group News

Decisions in Brief

ABA Resources

The ABA

Connect