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|Publisher:||Wolters Kluwer Law & Business|
|Edition description:||New Edition|
|Product dimensions:||7.00(w) x 9.90(h) x 0.60(d)|
Table of Contents
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
Introduction to the Study of Intellectual Property 63
The Law of Trade Secrets 63
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
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
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