Examples and Explanations for Intellectual Property, Seventh Edition

• ISBN: 9781543825732

In stock.

• Description

  Now available in print OR as a Connected eBook on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; interactive practice questions from the book; an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Learn more about Connected eBooks.

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  Using proven Examples & Explanations pedagogy, this comprehensive study guide covers the core concepts of intellectual property law: copyright, patent, trademark, and trade secrets. Brief accounts of the law are followed by a variety of concrete examples and explanations that reinforce and give substance to key rules and concepts.

  New to the 7th Edition:

  • The first copyright expirations in decades, for works from 1923
  • New copyright materials on copyright subject matter, fair use, music copyright, state sovereign immunity, statutory damages, international litigation, and resale royalties
  • Patent developments in patentable subject matter, enablement, patent litigation, defenses to infringement, and patent validity
  • New and updated trademark material, including the Supreme Court’s decision in Booking.com on genericness, along with trademark issues such as in national pride in trademarks such as Guinness, the standard for likelihood of confusion, scope of trademark protection, and the application of the First Amendment in trademark law

  Professors and students will benefit from:

  • Up-to-date coverage of recent developments
  • Modular chapter organization adapts to any course structure; allows students to concentrate on specific topics as needed
  • Clear, straightforward focus on fundamental rules and concepts; does not cover specialized areas
  • Complete coverage of core topics; keyed to major IP survey casebooks, with enough examples to reinforce any gaps in text coverage:
    • Patent
      • Supreme Court cases on First Sale, Importation, Patentable Subject Matter, PTAB Post-Grant Validity Challenges, Importation/ Contributory Infringement, Joint infringement, Venue (not always Eastern District of Texas), damages in design patent cases; post-expiration royalties
      • Expanded coverage of such issues as the priority dispute over to CRISPR-Cas9 “gene editing” techniques; cases on subject matter in software, biotech, and financial methods; Whether private sales/ uses can be invalidating prior art; Claim interpretation and ambiguity; Assignor estoppel; sovereign immunity against challenges to patent validity
    •  Trademark
      • Cases on applying the First Amendment in the trademark context, including the Supreme Court case holding that disparaging marks could not be barred registration.
      • Cases on genericness, foreign marks, registration of non-traditional subject matter as marks (such as the scent of Play-Doh or the color of John-Deere tractors), functionality (design of iPhone or windmill as a mark). Marks for cannabis sales, use required for registration, abandonment, secondary liability for app stores, remedies, and more
    • Trade Secret
      • The 2016 Defend Trade Secret Act, which extended trade secret law into federal law
      • Caselaw on the requirements and extent of trade secret protection.
      • Developing law on the enforceability of non-compete and non-disclosure agreements
      • Trade secret applied in the contexts of big data, artificial intelligence and other high tech settings (along with such secrets as beehive foraging locations and wind turbine design)
    •    State IP Law
      • Cases on right of publicity, misappropriation, and idea submissions, as well as the federal preemption of state law