Overview

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

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