Landslide® March/April 2019: Paths to Progress

Features

Copyright

Europe’s Copyright Reform: What Is So Controversial?

By Sarah Blair

The controversy surrounding the European Union’s copyright reform is centered on Articles 11 and 13 of the proposed directive, with the final vote expected this spring.

Patents

The Colorblind Patent System and Black Inventors

By Shontavia Jackson Johnson

American ideals of innovation and inventing have always applied equally to the demographic tapestry of American inventors, though black inventors have experienced barriers to the American patent system.

Patents

Has the Global Patent System Weakened in the Last Decade? Assessing the Strength of National Patent Systems

By Gordon Harris, Alexandra Brodie, and Jamie Rowlands

A comparison of patent application filings, post-grant validity and court proceedings, and interim and final relief across various developed patent systems indicates the global patent system is struggling to keep up with the pace of technology.

Trademarks

Federal Trademark Law: From Its Beginnings

By Zvi S. Rosen

Early federal efforts regarding trademark legislation include the 1870, 1876, and 1881 Acts and the litigation leading to the Trade-Mark Cases.

Europe

The English Origins of the Judicial Exceptions to 35 U.S.C. § 101

By H. Jared Doster

The judicial exceptions to 35 U.S.C. § 101, which are in no federal statute, were imported into federal common law from English common law.

Trademarks

Fictional Brands, Famous Marks: Recurring Characters, Places, and Elements Can Serve as Source Identifiers for Creative Works

By Ian G. McFarland and John T. Winemiller

Two recent cases extend trademark protection to fictional elements of books and films in a manner consistent with the aims of the Lanham Act.

Unfair Competition

Navigating the National Advertising Division

By Terri Seligman and Hannah Taylor

Discover how the National Advertising Division (NAD), a self-regulatory forum for competitive advertising disputes, operates, as well as practitioner tips for handling cases before NAD.

Europe

The Impact of GDPR on Online Brand Enforcement: Lessons Learned and Best Practices for IP Practitioners

By Brian J. Winterfeldt, Griffin M. Barnett, and Janet J. Lee

To comply with the European General Data Protection Regulation, ICANN significantly reduced the public information available in its WHOIS database, resulting in challenges for online intellectual property enforcement.

Patents

Responding to Nonstatutory Double Patenting Rejections: A Practitioner’s Perspective

By Russell S. Timm and JD Wooten

Approaching a nonstatutory double patenting rejection in five sequential steps may minimize risks to your client’s patent portfolio while increasing the likelihood of achieving the best outcome.

Columns

Intellectual Property

Perspective: Lists Are Everywhere, and They Can Matter

By Mark K. Dickson

A message from the ABA-IPL chair.

Departments

Copyright

Decisions in Brief

By John C. Gatz

Brief synopses of recent decisions involving copyrights, patents, trade secrets, and trademarks.

American Bar Association TM American Bar Association

Landslide® March/April 2019

On the Road to a Modern Copyright System

Features

Europe’s Copyright Reform: What Is So Controversial?

The Colorblind Patent System and Black Inventors

Has the Global Patent System Weakened in the Last Decade? Assessing the Strength of National Patent Systems

Federal Trademark Law: From Its Beginnings

The English Origins of the Judicial Exceptions to 35 U.S.C. § 101

Fictional Brands, Famous Marks: Recurring Characters, Places, and Elements Can Serve as Source Identifiers for Creative Works

Navigating the National Advertising Division

The Impact of GDPR on Online Brand Enforcement: Lessons Learned and Best Practices for IP Practitioners

Responding to Nonstatutory Double Patenting Rejections: A Practitioner’s Perspective

Landslide Webinar Series

Columns

Perspective: Lists Are Everywhere, and They Can Matter

Departments

Decisions in Brief