Vol. 1 No. 4 March./April. 2009:
Copyrights Uneasy Transition Into The Web 2.0 Environment

Copyrights Uneasy Transition Into The Web 2.0 Environment
By Robert J. Kasunic

At a speech at Harvard University in 1943, Winston Churchill presciently stated that the empires of the future are the empires of the mind. Rapid advances in technology have produced our information society. We are less and less dependent on tangible venues as the convenience and robustness of intangible locations on the Web develop. The public square of the past is being replaced with virtual locations where the public congregates and communicates.

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The following articles from
Vol.1 No.4 March./April. 2009
are available to Section members.

Toward "Social Networking Law"?
By Hillel I. Parness

Among the most striking phenomena to emerge during the “Web 2.0” era are “social networking” and the fight for dominance in that arena by the large social networking sites. Two of the most popular social networking sites are MySpace, which describes itself as “an online community that lets you meet your friends’ friends,” and Facebook, which says that it “gives people the power to share and makes the world more open and connected.” read more...

Web 2.0: The Internet's New IP Frontier
By Aisha L. Williams

Since its inception, the Internet has posed a number of legal challenges for owners of intellectual property, Internet service providers, and IP end users alike. Moreover, the Internet is changing so rapidly that practitioners must constantly refamiliarize themselves, not only with developing legal issues, but with the ever-involving Internet vernacular. read more...

Use Is the New Protectability, Dawn Donuts Are Still Hot This Season, and Other Trademark Issues
By Robert C. Cumbow

Traditionally, trademark law and jurisprudence have tended to focus on the strength and protectability of the trademark. Is the mark in a proffered application for federal trademark registration capable of functioning as a mark? Or is it merely a business name, a generic term, a bit of purely ornamental expression? Is the mark a plaintiff seeks to enforce a protectable mark or merely a descriptive word or phrase without the requisite secondary meaning to warrant enforcement? read more...

Use, Misuse, Nonuse—“Use” of Third-Party Trademarks on the Internet and in Virtual Space
By Roberta Jacobs-Meadway

Courts in the past ten years have had difficulty in grappling with nontraditional use of trademarks in the Internet context. Different jurisdictions view very differently the use of third-party trademarks to drive traffic to another’s website, particularly when the third-party trademark is not visible on the website or otherwise to the searcher.. read more...

Virtual Trademarks Infringement in a Virtual World? A UK Perspective
By Mark A. Armitage

Virtual worlds are now extremely popular with aficionados of online gaming and similar activities. There are various levels of such worlds. First, there are sites which provide an online version of standard board games such as chess, which simply enable the users to reach a much wider audience. read more...

Internet Piracy 10 Years On Online Enforcement and the DMCA
By Lisa Peets and Mark Young

The Internet has done nothing less than revolutionize the way in which we share and consume music, movies, and other digital works. At the same time, it has also emerged as a highly effective vehicle for the unauthorized distribution of digital content. The Internet offers the ability to reach a global audience quickly, cheaply, and with virtual anonymity—creating the ideal opportunity for those who traffic illegitimately in the creations of others.. read more...

E-Policy Programs: Essential for IP Protection
By Vincent I. Polley

Fourteen years ago the Internet was a novelty. Back then, communications were largely face-to-face, they used the U.S. mails or telephone, and they had some parties making limited use of early email systems. Intellectual property was little threatened by mass communication or espionage. read more...


Recent Developments in IP Law
By John C. Gatz

Meeting of the Minds: Russia's Long Journey to the WTO
By Elmira Danelyan

Intellectual Property in the 111th Congress: Much the Same in a World of Change?
By Hayden W. Gregory

Comments of the ABA-IPL Section for the President-Elect Obama Transition Team Considering Issues Relating to the USPTO

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