CrunchTime: Intellectual Property / Edition 3

CrunchTime: Intellectual Property / Edition 3

by Barrett
     
 

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ISBN-10: 073559807X

ISBN-13: 9780735598072

Pub. Date: 09/06/2012

Publisher: Wolters Kluwer Law & Business

Emanuel CrunchTime provides the right information, in the right format, at the right time to prepare for exams. Based on the trusted Emanuel Law Outlines developed by a Harvard law student (while he was in law school), Emanuel CrunchTime skillfully employs flow charts so you can walk step-by-step through the major principles and topics in the

Overview

Emanuel CrunchTime provides the right information, in the right format, at the right time to prepare for exams. Based on the trusted Emanuel Law Outlines developed by a Harvard law student (while he was in law school), Emanuel CrunchTime skillfully employs flow charts so you can walk step-by-step through the major principles and topics in the course in a pattern that can be used to analyze any exam question. Abundant tips and ample review features help you approach the final with confidence. The Capsule Summary allows you to quickly review key concepts, and you can test your knowledge by working through the many Short-Answer QandA s. CrunchTime lets you practice your essay exam skills as well. Exams Tips based on hundreds of past law school and bar exam questions recap the legal issues commonly tested. CrunchTime study aids structure the maximum amount of information you can learn in the last week before exams.

Developed for students by a Harvard law student (while he was in law school), Emanuel CrunchTime titles provide the trusted guidance of Emanuel Law Outlines in a tighter, briefer format for quick review at exam time.

  • Flow Charts walk you through a series of yes/no questions that can be used to analyze any question on the exam.
  • The Capsule Summary allows you to quickly review key concepts.
  • You can test your knowledge by working through the ample Short-Answer QandA s, which are organized by topic.
  • Exams Tips often based on hundreds of past law school and bar exam questions recap the legal issues commonly tested on exams for you. They explore fact patterns typically used to test those issues.
  • CrunchTime allows you to practice your essay exam skills by answering questions asked on past exams.
  • Flowcharts help you craft compelling essays, and you can compare your answers to the samples provided.
  • CrunchTime aids structure the maximum amount of information you can learn in the last week before exams.
  • Uniform in writing style and approach, you can be confident that any title in the series is of consistent quality.
  • Every title is frequently updated and reviewed against new developments and recent cases covered in the leading casebooks.

Product Details

ISBN-13:
9780735598072
Publisher:
Wolters Kluwer Law & Business
Publication date:
09/06/2012
Edition description:
New Edition
Pages:
285
Sales rank:
1,139,282
Product dimensions:
7.00(w) x 9.90(h) x 0.60(d)

Table of Contents

Preface xi

Flow Charts

Is There a Cause of Action for Trade Secret Misappropriation? 5

Analyzing the Patentability of an Invention 8

Analyzing the Patentability of an Invention when the Effective Filing Date is on or After March 16, 2013 12

Is There a Cause of Action for Patent Infringement? 16

Analyzing Copyrightability 21

Is There a Cause of Action for Copyright Infringement? 27

The Digital Millennium Copyright Act Anti-Circumvention Provisions 36

Analyzing Rights in Indications of Origin 39

Does the Owner of the Indication of Origin Have a Cause of Action for Infringement? 47

Does the Mark Owner Have a Cause of Action for Dilution? 52

Does the Mark Owner Have a Cause of Action For Cybersquatting? 56

Capsule Summary

Introduction to the Study of Intellectual Property 63

The Law of Trade Secrets 63

Patents 67

The Law of Undeveloped Ideas 86

Copyright Law 87

Trademark Law 115

Unfair Competition 135

The Right of Publicity 140

The Relationship Between Federal and State Law 142

Exam Tips

Intellectual Property Generally 149

Public Policy 149

Multiple Forms of Protection 149

Trade Secrets 149

Trade Secret Status 149

Ownership Issues 150

Public Policy 150

Patents 151

Understanding Novelty 151

Understanding Non-obviousness 152

Distinguishing Pre-Leahy-Smith Patent Act §102(a) and (b) When Dealing with Applications/Patents Filed Prior to March 16, 2013 152

Distinguishing Pre-Leahy-Smith §103 Obviousness and §102(b) Obviousness When Dealing with Applications/Patents Filed Prior to March 16, 2013 152

Time Lines Can Be Useful 153

Keep the Various Forms of Infringement Straight 153

Fitting Designs and Plants into the Novelty and Non-obviousness Scheme 153

Rights in Undeveloped Ideas 154

Look Out for Preemption 154

Overlap with Trade Secret Law 154

Copyright Law 154

Remember the Policies and Ultimate Purpose Underlying Copyright 154

The Idea/Expression Dichotomy 155

The Originality Standard 155

Overlap with Other Doctrines 156

The Varying Infringement Standards 156

Infringement on the Internet 156

Calculating Duration 157

Trademark Law 157

Think About the Underlying Policies 157

Remember That the Substantive Rules Are Similar for Both Registered and Common-Law Marks 158

Use Lanham Act §2 as a Checklist 158

A Wide Range of Things May Be Protected as Indications of Origin 158

Evaluate the Distinctiveness of Alleged Indications of Origin 159

Special Considerations for Product Feature Trade Dress 159

Time Lines Can be Useful 159

Unfair Competition 160

Watch Out for Possible Preemption 160

The Right of Publicity 160

Bear in Mind That There Is Significant Overlap 160

The Relationship Between Federal and State Law 161

Preemption May Be a Hidden Issue 161

Shrink-wrap and Click-wrap Licenses 161

Short-Answer Questions 165

Sample Answers to Short-Answer Questions 187

Essay Exam Questions and Answers 227

Table of Cases 265

Table of References to the Copyright Act of 1976 (17 U.S.C. §101 et seq.) 269

Table of References to the Lanham Act (15 U.S.C. §1051 et seq.) 270

Table of References to the Patent Act (35 U.S.C. §1 et seq.) 271

Index 273

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