In an Emerging Issues Analysis, Professor David Nimmer offers a comprehensive examination of constitutional challenges to the anti-bootlegging provisions of the Uruguay Round Agreements Act: 17 U.S.C. § 1101, creating civil liability for...

Library Journal posted an article about the mixed response from Amazon over whether a library can lend a Kindle device with books loaded onto it. An Amazon sales rep said “yes,” Amazon officials said “no,” but the law may say...

"A patent is a right granted by the government that allows the patent owner to exclude others from practicing the invention during its term. This right is grounded in the U.S. Constitution, which has authorized Congress to create protection for inventive...

"In a surprisingly short period of time, the United States has evolved from an industrial to an information- and services-based society. Our postindustrial era is marked by rapid technological change in which our ability to reproduce and receive information...

In the following Emerging Issues Analysis, Eric Bensen, co-author of Milgrim on Licensing and Milgrim on Trade Secrets and a Visiting Assistant Professor of Law at Hofstra University School of Law, analyzes In Re Bilski regarding the patent eligibility...

Enormous online marketplace eBay is not liable for contributory trademark infringement, though listings on its site offer counterfeit silver Tiffany jewelry for sale, according to a judge in the Southern District of New York. eBay had refused to preemptively...

The ABA Journal has posted an excellent update on the battle over online copyright infringement and the safe harbor of the Digital Millennium Copyright Act. In particular, the post discusses the failure of the DMCA to meet the expansion in user-generated...

Typically, ownership of an idea or invention is determined by whom and in what context the creation took place. For example, an individual who invents something entirely on his own retains complete ownership. On the other hand, an individual hired by a company...

Trade secrets can be any type of information, process, idea or "know how" that is not generally known and gives the possessor an advantage in the marketplace. Trade secrets, therefore, include a wide range of confidential business information known...

Fair use is a legislatively codified equitable doctrine designed to carve out certain exceptions to the copyright monopoly for the benefit of the public. 17 U.S.C. §107; see Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994). Fair use has traditionally...

The Trademark Trial and Appeal Board ("Board" or "TTAB") currently consists of the Chief Judge and 18 Board members, referred to as Administrative Trademark Judges and 14 Interlocutory Attorneys, and support staff. The Board decides ex...

This Outline explores some of the principal liability issues which arise in connection with the conduct of E-commerce, particularly liability for violation of the intellectual property law and laws regulating the provision of goods and services to the consumer...

Copyright developed after the invention of the printing press as a means of protecting works of authorship. The United States Copyright Law derives from a constitutional grant to Congress to promote progress in science, knowledge and learning. Copyright protects...

First and foremost, the antitrust treatment of intellectual property is not different from other types of property. The D.C. Circuit Court of Appeals succinctly underscored this point in the Microsoft case when analogizing Microsoft's ownership interest...

What is a Trademark? A trademark can be anything that indicates the source of a product or service and distinguishes that product or service in the marketplace from those of others. Trademarks can be words, phrases, logos, smells, musical tones (the NBC...

Careful planning and informed decision-making are the hallmarks of successful selection, adoption, and registration of trademarks and service marks. This paper outlines certain fundamental concepts of trademark law and specifically discusses the advantages...

Open source software is software that is distributed with the source code and without prohibitions on either the creation of modifications to that source code or further distribution of the software. Those contributing modifications to software licensed...

On May 23, 2006, the United States Patent and Trademark Office issued the 100th utility patent I have written and prosecuted (U.S. Patent No. 7,048,118, “Support Post With Locking Feature”), the last 14 while I’ve been with Clausen Miller. ...

In a recent decision, the Federal Circuit narrowed patent infringement claims based on a theory of "divided infringement," which is of particular importance in telecommunications, networking, Internet and software patent litigation.   ...

Just starting out in the IP field? A basic knowledge of the terms of art is key to impressing your client or managing partner with your ability to handle IP matters competently. Read on for a quick primer!   Patent Terms of Art  ...