Intellectual Property Overview
Intellectual Property Resources
Related Practice Areas
Intellectual property (IP) law developed over time to protect different forms of intangible subject matter. The concept is not new: Jewish law early on prohibited plagiarism, calling it "g'neivat da'at," or stealing the mind. The earliest use of the term "intellectual property" was in an 1845 Massachusetts Circuit Court ruling in a patent case.
The term intellectual property did not come into common usage in the United States until December 1980, when Congress enacted the Bayh-Dole Act or Patent and Trademark Law Amendments Act, 35 U.S.C. § 200-212. The Act gave U.S. universities, non-profits and small businesses control over their inventions resulting from federal government-funded research. Since then, the protections afforded intellectual property have expanded exponentially.
Show Extended SummaryFeatured Cases 
- Columbia Pictures Industries Inc v. Bunnell
Plaintiffs filed a complaint against defendants for copyright infringement. Plaintiffs allege that defendants knowingly enable, encourage, induce and profit from massive online piracy of plaintiffs\' copyright works through the operation of their TorrentSpy website.
California Central District Court
Filed: February 23, 2006
Plaintiff: Columbia Pictures Industries Inc, Disney Enterprises Inc, Paramount Pictures Corporation, Tristar Pictures Inc, Twentieth Century Fox Film Corporation and others...; Defendant: Justin Bunnell, Forrest Parker, Wes Parker, Valence Media LLC, Does
Last Docket Report Change Found: August 4, 2008
(August 6, 2008) - STELOR PRODUCTIONS, INC. v. OOGLES N GOOGLES et al
Plaintiff Stelor Productions Inc. alleged that defendant Oogles N Googles infringed on plaintiff's registered trademarks to OOGLES, OOGLE, IGGLE and OOGGLE.
Indiana Southern District Court
Trademark
Filed: March 11, 2005
Plaintiff: STELOR PRODUCTIONS, LLC., STELOR PRODUCTIONS, LLC., STELOR PRODUCTIONS, LLC. Defendant: OOGLES N GOOGLES, KEVIN MENDELL, DANYA MENDELL, XYZ CORPORATIONS
Last Docket Report Change Found: August 7, 2008
(August 6, 2008) - Polaris IP, LLC v. Google Inc. et al
Polaris IP, LLC sued Google Inc., Yahoo! Inc., Amazon.com Inc., A9.com, Inc., Borders, Inc., Borders Group Inc., AOL LLC, America Online, Inc., IAC/InteractiveCorp., and IAC Search and Media, Inc. for patent infringement involving U.S. Patent No. 6,411,947 entitled "Automatic Message Interpretation and Routing System." Plaintiff alleges that defendants are infringing on the patent by implementing various websites that comprise interpreting electronic messages with rule base and case base knowledge engines.
Texas Eastern District Court
Patent
Filed: August 27, 2007
Plaintiff: Polaris IP, LLC, Polaris IP, LLC, Polaris IP, LLC, Polaris IP, LLC, Polaris IP, LLC and others... Defendant: Google Inc., Yahoo!, Inc., Yahoo!, Inc., Yahoo!, Inc., Yahoo!, Inc. and others...
Last Docket Report Change Found: August 7, 2008
(August 6, 2008) - Doe v. Geller et al
Plaintiff uploaded to YouTube a portion of "Secrets of the Psychics," a NOVA video showing the magician James Randi challenging the performance techniques of Uri Geller. Subsequently, the defendants demanded that YouTube take down the video pursuant to the DMCA. Plaintiff seeks injunctive relief and damages for misrepresentation of copyright claims under the Digital Millennium Copyright Act.
California Northern District Court
Copyright
Filed: May 8, 2007
Plaintiff: John Doe, John Doe, John Doe Defendant: Uri Geller, Uri Geller, Explorologist Ltd., Explorologist Ltd.
Last Docket Report Change Found: August 7, 2008
(August 6, 2008) - Viacom International, Inc. et al v. Youtube, Inc. et al
New York Southern District Court
Copyright
Filed: March 13, 2007
Plaintiff: Viacom International, Inc., Viacom International, Inc., Viacom International, Inc., Viacom International, Inc., Viacom International, Inc. and others... Defendant: Youtube, Inc., Youtube, Inc., Youtube, Inc., Youtube, Inc., Youtube, Inc. and others...
Last Docket Report Change Found: August 7, 2008
(August 6, 2008)
Dockets 
- Liza's Legacy Foundation, Inc. v. Flynn
New York Northern District Court
Trademark
Filed: August 7, 2008
Plaintiff: Liza's Legacy Foundation, Inc., Liza's Legacy Foundation, Inc. Defendant: Timothy Flynn
(August 6, 2008) - Thermal Scalpel LLC v. Covidien Ltd et al
Texas Eastern District Court
Patent
Filed: August 7, 2008
Plaintiff: Thermal Scalpel LLC; Defendant: Covidien Ltd, Tyco Healthcare Group LP, Arthrocare Corporation, Arthrocare Medical Corporation d/b/a Atrhrocare Medical Sales Corporation, Boston Scientific Corporation and others...
(August 6, 2008) - Andy's Music, Inc. v. Andy's Music, Inc.
Alabama Southern District Court
Trademark
Filed: August 7, 2008
Plaintiff: Andy's Music, Inc. Defendant: Andy's Music, Inc.
(August 6, 2008) - Rolex Watch U.S.A., Inc. v. Dunkin's Diamonds, Inc. et al
Florida Middle District Court
Trademark
Filed: August 7, 2008
Plaintiff: Rolex Watch U.S.A., Inc., Rolex Watch U.S.A., Inc., Rolex Watch U.S.A., Inc., Rolex Watch U.S.A., Inc. Defendant: Dunkin's Diamonds, Inc., Dunkin's Diamonds By Lenny, Inc., Stuart Dunkin, Lenny Greco, Janett Moretti and others...
(August 6, 2008) - Old Time Pottery, Inc. v. Bedsole et al
Tennessee Middle District Court
Trademark
Filed: August 7, 2008
Plaintiff: Old Time Pottery, Inc.; Defendant: Richard K. Bedsole, American Institute of Floral Arts, AIFA, Inc.
(August 6, 2008)
Legislation 
- Bill Introduced: S.3295 A bill to amend title 35, United States Code, and the Trademark Act of ...
A bill to amend title 35, United States Code, and the Trademark Act of 1946 to provide that the Secretary of Commerce, in consultation with the Director of the United States Patent and Trademark Office, shall appoint administrative patent judges and administrative trademark judges, and for other purposes.
(July 19, 2008) - Bill Introduced: S.Res.582 A resolution recognizing the work and accomplishments of Mr. ...
A resolution recognizing the work and accomplishments of Mr. Herbert Saffir, inventor of the Saffir-Simpson Hurricane Scale, during Hurricane Preparedness Week.
(June 2, 2008) - Bill Introduced: H.R.6063 National Aeronautics and Space Administration Authorization Act of 2008
To authorize the programs of the National Aeronautics and Space Administration, and for other purposes.
(May 13, 2008) - Bill Enacted: S.2739 Consolidated Natural Resources Act of 2008
A bill to authorize certain programs and activities in the Department of the Interior, the Forest Service, and the Department of Energy, to implement further the Act approving the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, to amend the Compact of Free Association Amendments Act of 2003, and for other purposes.
May 08, 2008: Became Public Law No: 110-229.
(May 6, 2008) - Bill Introduced: S.2913 Shawn Bentley Orphan Works Act of 2008
A bill to provide a limitation on judicial remedies in copyright infringement cases involving orphan works.
(April 22, 2008)
Regulations 
- Proposed Rule - Changes to Practice for Documents Submitted
Patent and Trademark Office
Proposed Rule
Changes to Practice for Documents Submitted,
45662-45673 [E8-18025]
DEPARTMENT OF COMMERCE Patent and Trademark Office 37 CFR Parts 1, 2 and 3 [Docket No. PTO-P-2008-0022] RIN 0651-AC27 Changes to Practice for Documents Submitted to the United States Patent and Trademark Office AGENCY: United States Patent and Trademark Office, Commerce. ACTION: Notice of proposed rulemaking. SUMMARY: The United States Patent and Trademark Office (Office) is proposing to revise the rules of practice to limit the types of correspondence that may be submitted to the Office by... [read document]
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(August 5, 2008) - Proposed Rule - Retransmission of Digital Broadcast Signals Pursuant to the Cable Statutory License
Copyright Office, Library of Congress
Proposed Rule
Retransmission of Digital Broadcast Signals Pursuant to the Cable Statutory License,
40203 [E8-15951]
LIBRARY OF CONGRESS Copyright Office 37 CFR Part 201 [Docket No. RM 2005-5] Retransmission of Digital Broadcast Signals Pursuant to the Cable Statutory License AGENCY: Copyright Office, Library of Congress. ACTION: Extension of time to file comments and reply comments. SUMMARY: The Copyright Office is extending the time in which comments and reply comments may be filed in response to its Notice of Proposed Rulemaking regarding the retransmission of digital television broadcast signals by cable... [read document]
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(July 13, 2008) - Proposed Rule - Fiscal Year 2009 Changes to Patent Cooperation Treaty Transmittal and Search ...
Patent and Trademark Office
Proposed Rule
Fiscal Year 2009 Changes to Patent Cooperation Treaty Transmittal and Search Fees; Correction,
38027 [Z8-13730]
DEPARTMENT OF COMMERCE Patent and Trademark Office 37 CFR Part 1 [Docket No.: PTO-P-2008-0023] RIN 0651-AC28 Fiscal Year 2009 Changes to Patent Cooperation Treaty Transmittal and Search Fees Correction In proposed rule, document E8-13730 beginning on page 34672 in the issue of Wednesday, June 18, 2008, make the following correction: 1. On page 34674, in Table 1, in the second column, under the heading Fiscal year 2007 payments, in the first entry ``$54,335'' should read ``54,335''. Sec. 1.445... [read document]
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(July 1, 2008) - Rule - Copyright Rules and Regulations
Copyright Office, Library of Congress
Rule
Copyright Rules and Regulations,
37838-37840 [E8-14890]
LIBRARY OF CONGRESS Copyright Office 37 CFR Parts 201, 202, 203, 204, 205 and 211 [Docket No. RM 2008-4] Copyright Rules and Regulations AGENCY: Copyright Office, Library of Congress. ACTION: Final rule, technical amendments. SUMMARY: The Copyright Office is making non-substantive housekeeping amendments to its regulations to update them and to correct minor errors. EFFECTIVE DATE: July 1, 2008. FOR FURTHER INFORMATION CONTACT: Tanya Sandros, General Counsel. Copyright GC/I and R, P.O. Box... [read document]
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(July 1, 2008) - Proposed Rule - Fiscal Year 2009 Changes to Patent Cooperation Treaty Transmittal and Search Fees
Patent and Trademark Office
Proposed Rule
Fiscal Year 2009 Changes to Patent Cooperation Treaty Transmittal and Search Fees,
34672-34676 [E8-13730]
DEPARTMENT OF COMMERCE Patent and Trademark Office 37 CFR Part 1 [Docket No.: PTO-P-2008-0023] RIN 0651-AC28 Fiscal Year 2009 Changes to Patent Cooperation Treaty Transmittal and Search Fees AGENCY: United States Patent and Trademark Office, Commerce. ACTION: Notice of proposed rulemaking. SUMMARY: The United States Patent and Trademark Office (Office) is proposing to revise the rules of practice to adjust the transmittal and search fees for international applications filed under the Patent... [read document]
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(June 17, 2008)
Government 
- Bill Introduced: . . .to provide an exemption from exclusive rights in copyright for certain ...
S. 2591 was introduced on February 4, 2008, in the Senate: "€œTo amend chapter 1 of title 17, United States Code, to provide an exemption from exclusive rights in copyright for certain nonprofit organizations to display live football games, and for other purposes."
(2/11/08)
(August 7, 2008) - Notice - Patent Applications Containing Patentably Indistinct Claims: Clarification of Patent ...
Patent and Trademark Office
Notice
Patent Applications Containing Patentably Indistinct Claims:
Clarification of Patent Regulations Currently in Effect, and Revision in Applicability Date of Provisions,
45999-46000 [E8-18224]
DEPARTMENT OF COMMERCE Patent and Trademark Office [Docket No.: PTO-P-2008-0035] Clarification of Patent Regulations Currently in Effect, and Revision in Applicability Date of Provisions Relating to Patent Applications Containing Patentably Indistinct Claims AGENCY: United States Patent and Trademark Office, Commerce. ACTION: Notice. SUMMARY: The United States Patent and Trademark Office (USPTO) is publishing this notice to clarify which patent-related regulations are currently in effect. The... [read document]
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(August 6, 2008) - Notice - Scope of Foreign Filing Licenses
Patent and Trademark Office
Notice
Scope of Foreign Filing Licenses,
42781 [E8-16830]
DEPARTMENT OF COMMERCE United States Patent and Trademark Office [Docket No.: PTO-P-2008-0024] Scope of Foreign Filing Licenses AGENCY: United States Patent and Trademark Office, Commerce. ACTION: Notice. SUMMARY: Applicants and registered patent practitioners are reminded that the export of subject matter abroad pursuant to a license from the United States Patent and Trademark Office (USPTO), such as a foreign filing license, is limited to purposes related to the filing of foreign patent... [read document]
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(July 22, 2008) - Notice - Intent to Audit
Copyright Office, Library of Congress
Notice
Intent to Audit,
40392 [E8-15952]
LIBRARY OF CONGRESS Copyright Office [Docket No. 2008-6] Notice of Intent to Audit AGENCY: Copyright Office, Library of Congress. ACTION: Public notice. SUMMARY: The Copyright Office of the Library of Congress is announcing receipt of six notices of intent to audit various eligible nonsubscription and new subscription services that transmit sound recordings under statutory licenses. The audits intend to verify statements of account for the year 2005. FOR FURTHER INFORMATION CONTACT: Tanya M.... [read document]
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(July 13, 2008) - Notice - Agency Information Collection Activities; Proposals, Submissions, and Approvals
Patent and Trademark Office
Notice
Agency Information Collection Activities; Proposals, Submissions, and Approvals,
39677-39678 [E8-15681]
DEPARTMENT OF COMMERCE Patent and Trademark Office Submission for OMB Review; Comment Request The United States Patent and Trademark Office (USPTO) will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). Agency: United States Patent and Trademark Office (USPTO). Title: Post Registration (Trademark Processing). Form Number(s): PTO Forms 1553, 1583, 1597,... [read document]
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(July 9, 2008)
Articles 
- Building and Blocking: The Two Faces of Technology Acquisition
ZEW - Centre for European Economic Research Discussion Paper No. 08-042 Christoph Grimpe and Katrin Hussinger Center for European Economic Research (ZEW) , Centre for European Economic Research (ZEW) and University of Maastricht - Department of Organization & Strategy Date Posted: July 22, 2008 Last Revised: August 8, 2008
(August 7, 2008) - New Media in Old Bottles? Barron's Contextual First Amendment and Copyright in the Digital Age
George Washington Law Review, Vol. 76, No. 4, 2008, UCLA School of Law Research Paper No. 08-26 Neil W. Netanel University of California, Los Angeles - School of Law Date Posted: August 7, 2008 Last Revised: August 7, 2008
(August 6, 2008) - Lost in Translation: Interoperability Issues for Open Standards - ODF and OOXML as Examples
The Proceedings of the 36th Research Conference on Communication, Information and Internet Policy (TPRC), Arlington, VA, Sept. 26-28, 2008 Rajiv C. Shah and Jay P. Kesan University of Illinois at Chicago - Department of Communication and University of Illinois College of Law Date Posted: August 5, 2008 Last Revised: August 7, 2008
(August 6, 2008) - The TRIPS Agreement, the Evergreening of Patents and Access to Medicines: Novartis v. India
NCCR Trade Regulation Working Paper No. 2008/16 Michelangelo Temmerman NCCR Trade Regulation - Swiss National Centre of Competence in Research Date Posted: July 29, 2008 Last Revised: August 7, 2008
(August 6, 2008) - Australia to Become 'Nerve Centre' for P2P Litigation?
Rebecca Giblin Monash University - Faculty of Law Date Posted: August 7, 2008 Last Revised: August 7, 2008
(August 6, 2008)
News 
- Digesting Intellectual Property: New Book Provides Information for ...
PR Web (press release), WA - 6 hours ago
A newly released book, Intellectual Property in the Food Technology Industry, is the singular resource for those seeking IP guidance in the world of food ...
(August 7, 2008) - Coldwell Banker Commercial Trademark Properties Lands Spot on Top ...
PR.com (press release), NY - 6 hours ago
Coldwell Banker Commercial TradeMark Properties was founded in 1984 and joined the national affiliation network of Coldwell Banker Commercial in 2003. ...
(August 7, 2008)
Stage Time Magazine
Rodney Dangerfield's Widow and Daughter Settle Copyright Dispute ...
MarketWatch - 18 hours ago
... said, "All copyrights to Rodney Dangerfield's act are held by Joan Dangerfield who owns all of her late husband's intellectual property. ...
Rodney Dangerfield's widow settles suit against stepdaughter Los Angeles Times
all 10 news articles
(August 6, 2008)- Helix BioMedix Announces US Patent Issuance for Novel Class of ...
PharmaLive.com (press release), PA - 18 hours ago
The patent covers a family of hexapeptide antimicrobial agents, including HB1345, for use as broad spectrum topical anti-infectives. ...
(August 6, 2008)
Wall Street Journal Blogs
US Patent Office rains on Dell's 'cloud computing' trademark
Register, UK - 18 hours ago
By Austin Modine → More by this author Dell's grip on a "cloud computing" trademark may not be as solid as it first seemed. The US Patent Office has ...
US Patent Office Rejects Dell's Attempt to Trademark "Cloud ... ITProPortal
Cloudtroversy: Dell's Application For "Cloud Computing" Looks Sunk InformationWeek
Dell gets denied "Cloud Computing" trademark (how about "Clown ... CNET News
InternetNews.com - SYS-CON Mediaall 89 news articles
(August 6, 2008)
Blog Posts 
- A Few Reasons to Consider Including a Listing of Claims in Every Response to an Office Action
/**/ © 2008, Michael E. Kondoudis Listings of claims are required in most, but not all responses to Office actions. This post discusses when they are required and why it may be prudent to include them even when they are not. The Rules The manner of making amendments in a patent application is governed by 37 CFR. 1.121 entitled "Manner of Making Amendments in Applications". Sections (C) and (C) (1) of that rule addresses claim listings, and state: (c) Claims. … Each amendment document that...
(August 7, 2008) - USPTO Removes Retroactivity from Notice Requirement in its Enjoined Rules Limiting Patent ...
This week the USPTO published a notice that cancels the retroactive effect of its rules limiting claims and continuations for patent applications. As previously reported, the rules have been enjoined in a case (Tafas v Dudas) that is currently under appeal to the Federal Circuit. Nonetheless, the USPTO - in the hope that the Federal Circuit will lift [...]
(August 7, 2008) - Blatant sampling and DJ Girl Talk
Thank you, Miri Frankel, for drawing the attention of the IPKat to this fascinating snippet from the New York Times. It's all about DJ Girl Talk (real name Gregg Gillis), who makes danceable musical collages out of short clips from other people's songs; apparently there are more than 300 samples on "Feed the Animals," the album he released online at illegalart.net this June. Right: the IPKat's own take on sampling and "Feed the Animals" Gillis doesn't seek copyright clearance since he argues...
(August 7, 2008) - IPSC 2008: IP & Creativity
Does Law Inspire Creativity? An Empirical Analysis of Copyright's Bounty Abstract Raymond Ku Case Western Reserve University School of Law He looks at copyright registrations to see if they can give us any evidence of copyright's importance as an incentive. Though registrations have risen over time, there's been a drop in serial registrations, which may be an artifact of a rule change allowing registrations to come in a group. Hypotheses: (1) changes in copyright law change the number of works...
(August 7, 2008) - IPSC 2008: Copyright and Technology, and iP
Copyright and Copy-Reliant Technologies Abstract | Paper Matthew Sag DePaul University College of Law Sag's paper focuses on technologies that copy en masse, but do not make the expression of the copies available to the public. The archetype: plagiarism-detection software, which looks for repeated strings of words, and can report on how much of one work was copied from another (10%, 50%) without even showing you the expression. Or Google Books can tell you how many times the word "whale"...
(August 7, 2008)