Trade Secrets Trade Secret Diligence in M&A James Pooley Despite the growing importance of trade secrets as an asset class, M&A “due diligence” often glosses over risks faced by both targets and acquiring companies.
Litigation & Trials What to Expect When You’re (Not) Expecting Misappropriation Aarti K. Wilson Trade secret litigation is on the rise. Consider these tips for protecting trade secrets and litigating misappropriation claims.
Trademarks The Evolving Landscape of Disparaging and Scandalous Trademarks: Historical and Public Relations Perspectives Stacy L. Wu and Seth I. Appel Even after the U.S. Supreme Court’s decision in Tam and the Federal Circuit’s decision in Brunetti, brand owners still must face the business consequences of using offensive and vulgar trademarks.
Copyright Application Is Not Registration: U.S. Supreme Court Resolves Circuit Split on Copyright Act Section 411(a) Registration Requirement E. Scott Johnson and Julius Bodie Explore the U.S. Supreme Court’s Fourth Estate opinion and its implications in a broader media and entertainment industry context.
Copyright Debunking Copyright Myths Janet Fries and Jennifer T. Criss Numerous misconceptions and inaccuracies relating to copyright law have become part of the public lore. Four of the most common copyright myths are addressed.
Copyright Is the Southern District of New York Rewriting Copyright’s Fair Use Statute? A View on Magnum Photos R. Terry Parker A review of the Magnum Photos decision suggests that it strips the fair use statute of its factors by essentially allowing fair use solely on the basis of whether the infringer’s purpose differs from that of the creator of the copyrighted work.
Patents Protecting Plant Inventions Daniel J. Knauss, Erich E. Veitenheimer, and Marcelo Pomeranz Plant-based innovations are of increasing commercial importance. Understand how they can be protected through patent and other legal rights in the United States.
Patents Economists Must Be Careful in Their Use of IMPLAN to Analyze Public Interest Issues in Section 337 Cases Robert Rogowsky and Jeffrey Klenk The use of IMPLAN to evaluate the effect of an exclusion order on the U.S. economy fails to account for how the economy will otherwise adapt.
Intellectual Property A Certain Kind of Thinking for a Certain Time Mark K. Dickson A message from the ABA-IPL chair.
Intellectual Property Robert A. Armitage, 2019 Mark T. Banner Award Honoree Shannon N. Proctor An interview with the Section’s 2019 Mark T. Banner Award honoree.
Internet For Questions of Liability in a Decentralized World, Blockchain Revolutionaries Should Look to Copyright Law Freeman Lewin and Marta Belcher The “right and ability to control” may help to define who is liable for copyright infringement in a decentralized world.
Copyright Decisions in Brief John C. Gatz Brief synopses of recent decisions involving copyrights, patents, trade secrets, and trademarks.
