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Trends in Intellectual Property Law – 2009 Where is the law heading? Steven L. Baron Mandell Menkes LLC.

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Presentation on theme: "Trends in Intellectual Property Law – 2009 Where is the law heading? Steven L. Baron Mandell Menkes LLC."— Presentation transcript:

1 Trends in Intellectual Property Law – 2009 Where is the law heading? Steven L. Baron Mandell Menkes LLC

2 Copyrights  Old Content v. Algorithm Geeks –Are news aggregators protected under the “fair use” doctrine in copyright law? Gatehouse News v. NY Times

3 Patents  Is the death of business method patents at hand? –In re: Bilski  Will Texas relinquish its control of patent litigation? –The “rocket docket” travels to other districts

4 Trademarks  Will keyword searching survive the onslaught of trademark litigation by brand owners? –Rescuecom v. Google

5 Trade Secrets  Will the “inevitable disclosure” doctrine take hold or disappear and why should you care?  States are all over the map: –8 states (and maybe Illinois) have embraced “pure” test –4 states are unclear –4 states require some threatened misappropriation –3 states require a showing of a non-disclosure agreement –4 states reject inevitable disclosure –27 have not addressed it

6 Mobile Marketing and the Wild West  Will the mobile marketing industry withstand legal challenges? –Unjust enrichment –Consumer Fraud –Tortious Interference –Tresspass to Chattels –Violations of federal law (TCPA)

7 Quote of the Day  “Don’t steal; thou’lt never thus compete successfully in business.” –Ambrose Bierce The Devil’s Dictionary, 1906


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