Landslide

Issue Number

Latest documents

• Repurposed Foul Lines after Google v. Oracle

  While the litigation is finally over, the U.S. Supreme Court decision should have a lasting impact on the proper approach for determination, substantively and procedurally, of the fair use defense in copyright litigation.

• Increasing Access to Justice: The New Copyright Claims Board

  Growing concern over the costs of enforcing copyrights led to the creation of a new entity to adjudicate small copyright claims, but several barriers may hinder the entity’s success in improving access to justice.

• Keeping the Secret Mix a Secret
• Patent Practitioners' Changing Role in Drafting Documents

  From handwritten to auto-transcribed patent documents, practitioners’ everevolving role in document preparation is taking on a new dimension as the possibilities advance in automated patent content generation.

• Leading by Example: Insight from IP Leaders of the Public Sector

  Women leaders in the public sector share their experiences in public service, education, and mentorship, as well as their beliefs about the future of intellectual property.

• The Last Breakfast with Aunt Jemima

  Companies have taken the unprecedented step of abandoning iconic trademarks founded on racial stereotypes, demonstrating that more than source identification is in play in the trademark landscape.

• Effectiveness of Examiner Interviews

  A review of patent applications from 2007 to mid-2020 establishes that examiner interviews dramatically reduce the number of office actions required to reach either allowance or abandonment.

• Emerging Horizons in CBD Trademarks

  In the wake of the 2018 Farm Bill, cannabidiol trademark prosecution remains functionally impossible, but emerging legislation seeks to remedy the problem.

• Are Patents Property That Is Protected by the U.S. Constitution?

  Courts have held that patents are a special kind of unique property not entitled to the full scope of protection accorded to property under the Fifth Amendment.

• Decisions in brief

Featured documents

• From Gamers to the Runway: Brand Protection for Digital Fashion

  Several different stakeholders may be involved in the creation of a digital garment. Collaborators must be clear about who owns what intellectual property and the risks that may arise out of such collaborations....

• An Unacceptable Threat to Startups and Innovators from Our Patent System
• The USPTO Has Enacted the Trademark Modernization Act: But Now What?

  New ex parte proceedings have the potential to alleviate the trademark register of registrations that are not currently in use, but their effectiveness remains to be seen....

• Arbitration in the Age of Amazon

  Resolution of IP disputes remains a challenge for online e-commerce marketplaces. One industry leader is piloting an arbitration proceeding for resolving utility patent disputes on its platform....

• Cultivating the Economic Benefits of Creativity: Finding the Right Balance in IP Laws

  In an increasingly interconnected and digital culture, the United States needs an intentional strategy of balancing intellectual property rights with other legal interests to ensure vibrant economic growth from innovation and creativity....

• Attorney-Client Privilege for In-House Counsel

  This article provides an overview of attorney-client privilege issues facing in-house counsel and practical guidance on how to address privilege issues in the corporate setting....

• Why Open Source Licenses with a Commons Clause May Become Less Common

  Consider the Commons Clause and the competing policy issues that can arise when deciding whether to modify existing open source licenses....

• Emerging Horizons in CBD Trademarks

  In the wake of the 2018 Farm Bill, cannabidiol trademark prosecution remains functionally impossible, but emerging legislation seeks to remedy the problem....

• Protecting Plant Inventions

  Plant-based innovations are of increasing commercial importance. Understand how they can be protected through patent and other legal rights in the United States....

• Diversifying Intellectual Property Law: Why Women of Color Remain 'Invisible' and How to Provide More Seats at the Table

  This article provides an overview of how women of color are underrepresented in intellectual property law and offers guidance on how to diversify the field....