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Copyright, Patent, Trademark, and Related State Doctrines
The 8th Edition of Goldstein & Reese, Copyright, Patent, Trademark, and Related State Doctrines brings the coverage of all these fields up to date with new principal cases and notes. Among the changes are:
- New note materials on the Defend Trade Secrets Act of 2016
Trademark:
- Added note on how to evaluate the distinctiveness of nonverbal marks
- Updated discussion of Pro-Football v. Blackhorse and the Federal Circuit’s en banc decision that the bar on registering disparaging marks is unconstitutional
- Updated case law on dilution
- Added note on the Ninth Circuit’s use of the Rogers v. Grimaldi test in trademark claims involving expressive works
- Updated case law on likelihood of confusion
- Updated case law on trademark infringement and online search results
Patent:
- Added note on new Supreme Court case on the definiteness requirement
- Added substantial new note material on new Supreme Court cases on inducement liability
- Added substantial new note material on new Supreme Court cases on awards of attorney’s fees and enhanced damages
- Updated discussion of Brulotte v. Thys to reflect Supreme Court adherence to the decision
- Added discussion of new Supreme Court case on appellate review of claim construction
Copyright:
- Added new background on registration process
- Added new principal case—UMG v. Augusto—and notes, including Kirtsaeng, on distribution right
- Added ABC v. Aereo as principal case
- Added Bill Graham Archives v. Dorling Kindersley as principal case, along with new note material on the expansion of transformative use
Software Protection:
- Completely revamped section on patent protection for software-related inventions, centering on the Supreme Court's Alice decision and including the USPTO's 2014 Interim Guidelines on Patent Subject Matter Eligibility
Industrial Design:
- Added Apple v. Samsung as principal case on both design patent and trade dress protection
Imprint: Foundation Press
Series: University Casebook Series
Publication Date: 12/07/2016
Paul Goldstein, Stanford Law School
R. Anthony Reese, University of CA-Irvine School of Law
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