Copyright, Patent, Trademark and Related State Doctrines: Cases and Materials on Intellectual Property Law, 6th Ed.

Intellectual Property, Copyright and Trademark and Patents

Article Snapshot

Author(s)

Paul Goldstein and R. Anthony Reese

Source

New York, NY: Foundation Press, 2007

Summary

This book overviews federal and state rules related to intellectual property for lawyers, courts, and researchers.

Policy Relevance

Copyright, patent, and trademark law is mostly federal, but many state laws address closely related problems.

Main Points

  • First amendment rights of free speech can limit state and federal rights in ideas such as copyright and trademark claims.

  • Section 43(a) of the Lanham act sets out key trademark rights describing how one may use brands, trade names, and logos. These federal rights have been recently revised.

  • New technology related to the Internet has given rise to new types of copyright and trademark conflicts, including questions arising from
    • Domain names like “Yourbrand.com”
    • The liability of networks and software makers for their users’ piracy.
    • People’s attempts to circumvent digital rights management, technology that hinders unauthorized copying.

  • Patent protection for business methods and software (like Amazon’s patent on “1-click” orders) raises difficult questions.

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