BOOK

Intellectual Property Law in Cyberspace, Second Edition, With 2016 Cumulative Supplement

This intriguing treatise covers legal issues at the interface of IP and the Internet, including global top-level domains and new registration options, protecting trademark and domain registrations, online gaming, and the application of traditional IP legal concepts to email, hyperlinking, virtual property, and spamming.

MEET THE AUTHOR
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G. Peter Albert, Jr.
Editor-in-Chief

DESCRIPTION

Stay current on IP law within the shifting frontiers of the Internet

Intellectual Property Law in Cyberspace, Second Edition, co-published with the AIPLA, is the critical resource practitioners need to protect and enforce clients’ IP rights on the Internet. The treatise offers the most up-to-date information on this cutting-edge area of law, with discussion of such topics as the latest on newly introduced global top-level domains and new registration options; how to protect registrations from challenges; online gaming; new wrinkles in jurisdiction; and the application of traditional IP legal concepts to email, hyperlinking, virtual property, and spamming. 


Supplement Information

The 2016 Cumulative Supplement adds the following new material:

  • New topics in patent law on subject matter eligibility after Enfish v. Microsoft, including the USPTO’s May 16, 2016 memorandum; a new section on derivation proceedings, and a new section on post-grant review proceedings, including changes to PTAB trial rules

  • New analysis of the Defend Trade Secrets Act of 2016, which creates a federal civil cause of action for trade secret misappropriation

  • Review of enacted and proposed legislation protecting email privacy, including the Federal Cybersecurity Information Sharing Act, enacted in December 2015

  • Review of amendments to the Federal Rules of Civil Procedure (FRCP), including significant changes that concern proportionality and a uniform standard for when sanctions are available for spoliation of evidence; amended Rule 1 of FRCP is interesting in that it requires everyone, not just lawyers, to cooperate in the litigation process

  • The Ninth Circuit held in Lenz v. Universal Music Corp that the DCMA requires copyright holders to consider fair use before sending a takedown notification, but the copyright holder’s consideration need only result in a subjective believe as to whether the use was authorized, not an objective one

  • A new section discussing what constitutes conveying copyright management information, as addressed by the D.C. Circuit in Drauglis v. Kappa Map Grp., LLC

  • The Second Circuit’s decision in Authors Guild v. Google, Inc., concluding that Google's copying for the purpose of providing the public with its search and snippet view functions was a fair use that did not infringe the copyrights of the Authors Guild

  • The Ninth Circuit’s ruling in Nguyen v. Barnes & Noble, Inc., following Hines and Specht, holding that the customer had not assented to the arbitration agreement contained within a website’s terms of use because the placement of the hyperlink to the terms was not sufficient to place the customer on inquiry notice of the terms

  • The Tenth Circuit ruled BWP Media USA, Inc. v. Clarity Digital Grp. that a user is anyone who uses a website including a service provider’s own owners, employees, and agents

 


AUTHOR

Bloomberg BNA authors and editors are practicing professionals with insider perspectives and real-life experience. Learn more about this book’s authors and editors.


The American Intellectual Property Law Association, founded in 1897, is a national bar association constituted primarily of  lawyers in private and corporate practice, in government service, and in the academic  community. It represents a wide and diverse spectrum of individuals, companies, and institutions involved directly or indirectly in the practice of patent, trademark, copyright, trade secret, and unfair competition law, as well as other fields of law affecting intellectual property. Its members represent both owners and users of intellectual property. For more information, visit www.aipla.org.

G. Peter Albert, Jr., is a partner with AlbertDhand, LLP, San Diego, CA, where his practice encompasses all phases of international patent, trademark, and copyright litigation, prosecution licensing, and intellectual property counseling.

CONTENTS

View full tables of contents and read the book’s preface or introduction.