Are sports moves next in IP law? Recent patent, copyright and trademark law developments could suggest novel IP uses

Article Abstract:

Intellectual property law may be applicable to sports. Sports moves with a useful result, such as faster races, may be eligible for patent protection. Creative sports moves could obtain copyright protection on the basis that sports moves are choreography or audiovisual works. Some might argue that sports moves are functional and as such not eligible for copyright protection but their entertainment value predominates over a functional one. Sports moves indicating a unique source of goods or services may get trademark protection. Judging from recent developments in trademark law, any amark used to attract and obtain goodwill can be protected.

Interpretation and construction, Protection and preservation, Patent law, Sports law

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Web-site hypertext links raise issues of control; links can pluck content from other sites and falsely imply affiliations between site owners

Article Abstract:

The World Wide Web culture posits hypertext linking as its very essence and feels that linked sites should be grateful for the promotion rather than viewing it as grounds for a copyright or trademark infringement action. However, content providers will need some intellectual property protection for the World Wide Web to become a purveyor of original content sufficient to fuel its growth as a way of disseminating information, aside from the part it plays in technological advances.

Usage, World Wide Web, Hypertext

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Design patent + trademark = better protection? The e-commerce revolution has sparked an interest in combining both forms of IP

Article Abstract:

Issues are discussed regarding the use of design patents to provide trademark protection while secondary meaning for the trademarks is being established. Factors justifying both types of protection for a design are listed.

United States, Electronic commerce, E-commerce

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