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