Integrated Intellectual Property: Cases, Materials, and Statutes

David W. Barnes, Seton Hall University School of Law

John M. Conley, University of North Carolina School of Law

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Table of Contents

Teacher's Manual

1. Added a new section on fraud in procuring copyright, patent, and trademark registration, featuring recent Supreme Court case, Unicolors Inc. v. H and M & Mauritz, L.P. (discussing fraud in procuring copyright registration).

2. Updated treatment of the knowledge standard for contributory infringement, featuring Y.Y.G.M. SA v. Redbubble, Inc. (discussing knowledge standard in trademark law).

3. Note on developments in First Amendment treatment of trademark registration requirements, featuring discussion of a recent Supreme Court case, Vidal v. Elster (discussing First Amendment bar on registering trademark containing name of another without permission).

4. Note on copyright preemption featuring discussion of Melendez v. Sirius XM Radio, Inc. (discussing holistic evaluation of whether state right of publicity is preempted by copyright law).

5. Added discussion of new standards for deciding motions for injunctive relief in trademark cases, featuring Nichino America, Inc. v. Valen U.S.A. LLC (discussing new statute governing presumptions in trademark cases).

6. Note on test for patent law rule forbidding patenting of law and products of nature and abstract ideas featuring discussion of Ariosa Diagnostics, Inc. v. Sequenom, Inc. (considering relevance of “inventive concept” in evaluating patentability of subject matter in biomedical field).

7. Updated discussion of fair use of copyrighted material, featuring recent Supreme Court case, Visual Arts, Inc. v. Goldsmith (discussing proper analysis of claim of transformative use).

8. Updating discussion of First Amendment protection for artistic fair use in trademark law, featuring recent Supreme Court case Jack Daniel’s Properties, Inc. V. VIP Products, LLC (discussing applicability of Rogers test where allegedly infringing use is source-indicating).

9. Note on relationship between damages and the statute of limitations, featuring recent Supreme Court case Warner Chappell Musk, Inc. v. Nealy (applying analysis in copyright context).

Learn more about this series.