Do appearances warrant trademark protection? Federal courts are split on the appropriate coverage to be afforded to trade dress

Article Abstract:

A decision issued by the 3d US Circuit Court of Appeals in Versa Products Co v Bifold Co establishes a new and perhaps unnecessary set of standards for testing product configuration for trademark protection. Most courts have held since the Lanham Act that logos, trade names, packaging, and configuration should all face the same tests. The 3d Circuit opinion gives fears of free-market competition more weight in configuration cases, possibly creating future confusion.

Trade dress (Trademark law), Trade dress

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More foreign firms file IP claims in U.S. courts; an increase in foreign ownership of domestic IP rights demands a cross-border litigation strategy

Article Abstract:

Official statistics from the US Patent and Trademark Office show that the percentage of trademarks and patents owned by foreign corporations under US law is increasing. Moreover, foreigners who own US intellectual property rights, especially patents, are more willing to seek enforcement in American courts. The growth of foreign trade and diminution of trade barriers are also factors in the internationalization of intellectual property litigation.

International aspects, Statistics, Patents (International law), Intellectual property, United States. Patent and Trademark Office

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True tales have a price

Article Abstract:

Judicial rulings indicate that movie and television producers risk being found liable for unauthorized use of information in the public domain when they make motion pictures or television episodes on true stories which appeared in published news reports. The novelty and the freedom of expression defenses do not always work. This is as it should be, for such stories should have legal protection.

Analysis, Freedom of speech, Right of property, Property rights, Public domain (Copyright law)

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