Trademarks The Coolest Things Ed Timberlake, Jr. The challenge with any trademark is how to make it distinctive. Configuration marks offer a wide variety of possibilities for capturing people’s attention.
Intellectual Property Government Cheese and Grana Padano Rebeccah Gan Geographic indications (GIs) straddle intellectual property and international trade law. GIs identify goods originating in a specific geographic location, where the quality of the goods is tied to its region of origin.
Intellectual Property Do Consumers Want to Taste Jamaica? Eugene M. Pak Recently, many alcohol beverage makers have been sued in consumer class actions for false or misleading advertising. This article discusses the cases and how they have fared.
Intellectual Property Vintage Justice Charles Webster This article comments on a number of important South African trademark law cases relating to the wine industry including container marks, similar goods infringements, and geographical names.
Intellectual Property Don’t Ruin a Perfect Evening David D. Oxenford and Rachel S. Wolkowitz The authors provide a review of the key copyright and licensing issues for bars and restaurants using music or audiovisual content.
Patents No Small Potatoes Paul D. Swanson Potato processing patents are on the rise, spawned by new genetic engineering technologies that “silence” undesirable tuber characteristics. This article examines the history of potatoes and their patenting.
Intellectual Property Copyright in the Kitchen Christopher J. Buccafusco and Jonathan D. Yellin The authors briefly summarize the copyrightability of culinary creativity, including written recipes and cooked dishes, and examine the merits of the current state of the law.
Intellectual Property The “New” Standard: Claim Construction after Teva Stephanie A. Quick This article explores how claim construction orders are reviewed by the Federal Circuit after the Supreme Court clarified the standard of review in Teva Pharms. USA, Inc. v. Sandoz, Inc.
Intellectual Property Break for or Blow against Three-Dimensional Marks? Mark Schweizer The European Court of Justice’s decision in the dispute between Nestlé and Cadbury over the registration of the shape of the Kit Kat chocolate bar as a trademark has been hailed both as a victory for the trademark owner as well as the nullity plaintiff. The article exposes the nuanced state of European trademark law concerning three-dimensional trademarks after Nestlé v. Cadbury.
Intellectual Property Perspective Donna P. Suchy I joined the ABA Section of Intellectual Property Law (ABA-IPL) as a law student while also working as an environmental engineer for the state of Oklahoma. I was surprised to have the opportunity to become immediately involved in committee work side by side with some great legal minds.
Intellectual Property The Inside Out of IP Due Diligence Elizabeth A. Shah and Bill Shaw Meeting of the Minds
Trade Secrets Decisions in Brief John C. Gatz Brief synopses of recent decisions involving copyrights, patents, trade secrets, and trademarks.
