Colleges, Universities, and Academia

Webinar Feature

Trademarks

Trademarks in China: Keeping Up with Fast-Changing Local Practice

Hatty Cui and Flora Fang

Brand owners should consider an adjusted portfolio management strategy in light of the CNIPA’s proposed use requirement, intended to discourage bad faith or suspicious filings.

Features

Trademarks

The Curtain Falls on the RAPUNZEL Opposition: Law Professor Is Not Entitled to a Statutory Cause of Action

Kira-Khanh McCarthy

The TTAB has ruled that an ordinary consumer, with no commercial interest in reputation or sales, is not entitled to a statutory cause of action to oppose a trademark application.

Europe

IP Rights of Research Students at UK Universities

Sophie Vo and Juliet Hibbert

The English High Court recently considered whether consumer protection legislation is relevant to terms relating to the ownership of inventions made by a PhD student.

Intellectual Property

Native Nations and Tribal Cultural Property Law

Angela R. Riley

A research study reveals a striking increase in the development of tribal cultural property laws, as Native tribes seek to advance human and cultural rights in innovative ways.

Trademarks

Ethical Marketing, Cultural Integrity, and Consumer Protection in Hawai‘i

Devin Kamealoha Forrest and Makalika Destarte Naholowa‘a

Defining the “Made in Hawaii,” “Hawaii Made,” and “Native Hawaiian Made” indicators through legislation, educating consumers, preventing confusion, and addressing abuses present ongoing challenges.

Unfair Competition

The Use of Surveys in Lanham Act Cases

Animesh Giri and Steven Herscovici

Properly designed and implemented surveys can provide strong evidence of whether a disputed claim is confusing to consumers as well as inform on the strength and recognition of a mark.

Patents

Seven Deadly Pitfalls of Claim Construction

Jerry A. Riedinger

Avoiding these pitfalls increases a party’s ability to predict eventual arguments even when new issues arise, and even when a court changes constructions late in the proceeding.

Internet

Influencers and Brands

Gloria Niembro and Arturo Revilla

IP rights play a key role in influencer marketing, and as such they must be observed and protected to ensure a fair and safe environment for all the parties involved.

Copyright

Copyright Office Celebrates First Anniversary of Copyright Claims Board

David Carson, Monica McCabe, Brad Newberg, and Miriam Lord

The Associate Register of Copyrights and three Copyright Claims Board Officers talk about the CCB’s work in the first year and where things are heading next.

Columns and Departments

Intellectual Property

Away from the Edge

Steven P. Caltrider

The chair of the ABA Section of Intellectual Property Law discusses its important role in changing the precarious course toward losing confidence in the IP system.

Intellectual Property

September/October 2023 Decisions in Brief

John C. Gatz

Review brief synopses of recent court decisions involving copyrights, patents, trade secrets, and trademarks.

Renew Your ABA Membership

Landslide® September/October 2023

How Firm Thy Branding . . . OHIO

Webinar Feature

Trademarks in China: Keeping Up with Fast-Changing Local Practice

Features

The Curtain Falls on the RAPUNZEL Opposition: Law Professor Is Not Entitled to a Statutory Cause of Action

IP Rights of Research Students at UK Universities

Native Nations and Tribal Cultural Property Law