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Published bySuzan Newton Modified over 9 years ago
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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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Copyrights Old Content v. Algorithm Geeks –Are news aggregators protected under the “fair use” doctrine in copyright law? Gatehouse News v. NY Times
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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
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Trademarks Will keyword searching survive the onslaught of trademark litigation by brand owners? –Rescuecom v. Google
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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
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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)
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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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