2019 Articles

American beer giants Anheuser-Busch and MillerCoors clash over Super Bowl advertisement and corn syrup usage By Steven L. Baron & TJ Kliebhan June 2019 A summary of MillerCoors, LLC v. Anheuser-Busch Companies, LLC.

Code Revision Commission v. Public.Resource.Org: Copyright of laws and public works By Peter J. Orlowicz January 2019 Code Revision Commission, State of Georgia v. Public.Resource.Org., Inc. identifies three factors to consider in determining “whether a written work is attributable to the constructive authorship of the People” and, as a result, not copyrightable.

Inevitable Disclosure No Substitute for Post-Employment Non-Competition Provision By Michael F. Braun September 2019 Archer Daniels Midland Company v. Sinele, et al. reminds employers that the doctrine of inevitable discovery is not a foolproof substitute for enforceable post-employment restrictions on competition.

Inside the USPTO-TM By Daniel Kegan September 2019 A summary of the U.S. Patent and Trademark Office visit to Chicago on July 11, 2019.

Intellectual Improbabilities™ By Daniel Kegan December 2019 An eclectic gathering of recent intellectual property developments.

Intellectual Improbabilities™ By Daniel Kegan September 2019 An eclectic gathering of recent intellectual property developments.

Intellectual improbabilities™ By Daniel Kegan June 2019 An eclectic gathering of recent intellectual property developments.

Intellectual improbabilities™ By Daniel Kegan April 2019 An eclectic gathering of recent intellectual property developments.

Intellectual Improbabilities™ By Daniel Kegan January 2019 An eclectic gathering of recent intellectual property developments.

Joint Authorship of Copyright: UK Court of Appeal Tears Up the Script By Ben Milloy December 2019 A look at joint authorship under UK copyright law.

Licensing arrangements for branded restaurants in luxury hotels: Considerations for hotel owners, operators, and restauranteurs By Jeffrey A. Citron, Mario Di Fiore, & David Nadler April 2019 An overview of a few of the many considerations in negotiating and implementing restaurant licensing arrangements within the context of the operations of a luxury hotel.

Mission Accomplished: Supreme Court Ratifies Seventh Circuit’s ‘Rejection-as-Breach Rule’ for Trademarks in Bankruptcy By Phillip R. Van Ness December 2019 The U.S. Supreme Court recently addressed a split among the appellate courts as to the consequences when a trademark licensor files for bankruptcy.

The Music Modernization Act, the Mechanical Licensing Collective, and the Open Music Initiative: The need for collaboration By Steven L. Baron & Adam Farag June 2019 With the advent of digital service providers like Spotify and Apple Music, the laws governing mechanical licensing were in need of a significant overhaul.

New federal government ruling approves companies’ employment policies By Alan M. Kaplan January 2019 To protect a company’s intellectual property, companies need to be mindful of federal and state statutes and regulations as well as decisions by different government agencies.

Noncompetes: consideration, peppered with confusion By Hon. John C. Anderson January 2019 Courts hold that postemployment restrictive covenants must be supported by adequate consideration, generally characterized as "employment for a substantial period of time." But what is a "substantial period of time"? Illinois Supreme Court guidance would be helpful.

Podcaster sued for copyright infringement for using music without permission By David Oxenford January 2019 Having a single license to use music on the internet may be insufficient. Oftentimes, licenses for the multiple involved copyrights are required.

Privatization problems at public colleges and universities By Monica Owens April 2019 American Association of University Professors chapters need expert legal support in their work to defend faculty IP rights.

Quick Takes for Your Practice: Intellectual property basics—patents By Kenneth Matuszewich June 2019 Attorney Kenneth Matuszewski discusses the basics of utility and design patents, and how the two differ.

SCOTUS maintains a waiting game for copyright: Resolving a circuit split, SCOTUS requires registration of copyright before suit By Jonathan LA Phillips April 2019 In Fourth Estate Public Benefit Corp v. Wall-Street.com, LLC, the U.S. Supreme Court determined that registration, not application for registration, of a copyright is necessary before an infringement suit can proceed.

Social Justice Column: ‘HATE: Why We Should Resist It with Free Speech, Not Censorship’ By Reagan Quynn September 2019 A review of the book ‘HATE: Why We Should Resist It with Free Speech, Not Censorship.'

Taming the trolls By Phil Swain January 2019 The introduction of the America Invents Act in 2011 has made it easier to combat patent trolls, as it introduced a procedure for challenging patents at the USPTO. That has done more to slow the trolls down than these state statutes. Massachusetts has enacted anti-patent troll legislation, as have 34 other states.

Thinking Like the Herd September 2019 Linda Holser interview Temple Grandin, one of the world’s compelling voices in science and innovation.

‘Who Owns the News? A History of Copyright’ by Will Slauter: A Review By Daniel Kegan September 2019 Modern U.S. copyright law has had a number of picky technicalities, some of which were only clarified this year.

Intellectual Property

2019 Articles