| Copyright and the Commerce Clause |
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| The Commerce Clause of the U.S. Constitution gives Congress the authority "to regulate commerce with foreign nations, and among the several states." Starting at the time of the New Deal, the courts have read that clause expansively, saying that it gives Congress the authority to regulate virtually anything that affects interstate or foreign commerce. Federal trademark protection gets its authority from the Commerce Clause, and trademarks are protected as long as they are being used.More... |
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| Uniform Domain Name Dispute Resolution Policy |
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| On October 24, 1999, the Internet Corporation for Assigned Names and Numbers (ICANN) adopted the Uniform Domain Name Dispute Resolution Policy (UDRP). ICANN is a nonprofit organization that has assumed the responsibility for IP address space allocation, protocol parameter assignment, domain name system management and root server system management functions previously performed under U.S. Government contract. The UDRP is part of the Registration Agreement that Internet users sign to register domain names in the global top-level domains. Trademark owners may elect to file a complaint under ICANN's UDRP. The UDRP is a fast-track procedure under which a victorious trademark owner receives an order from an arbitration panel that the domain name be cancelled or transferred to the trademark owner. More... |
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| Trade Secrets as Patentable Matter |
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| Research and development information that is maintained subject to the appropriate safeguards is protectable as a trade secret. Whether or not an invention is patentable is another matter. In a patent application the inventor needs to (a) describe the invention, (b) provide sufficient information to enable one skilled in the art to use it and (c) describe the best modes of practicing the claimed invention as well as describe the actual claims made. The application is then received and processed by the United States Patent and Trademark Office. That procedure takes anywhere from many months to several years. The critical issue of disclosure of the best mode known to the applicant is measured at the time of the application. Thus, improvements in making or using the invention that occur after application can be maintained in secret. More... |
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| The No Electronic Theft Act of 1997 |
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| Although United States copyright laws originally contained no criminal liability provisions, the 1897 revision to the Copyright Act made it a misdemeanor to unlawfully perform dramatic or musical works for profit. In later revisions of the Copyright Act, similar sections were added for the infringement of other types of copyrightable works. Although leaving unchanged the one-year imprisonment penalty established in 1897, the Copyright Act of 1976 increased the monetary penalty for copyright infringement from $1,000 to $10,000. Infringement of musical recording and motion pictures was subject to a penalty of $25,000, and repeat offenders could be fined $50,000.More... |
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| Gray Market Goods and Recordation with Customs |
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| Many products sold in the United States are imported. Imported goods pass into the stream of commerce in the United States via a port of entry where the goods are subject to inspection by the United States Customs Service (Customs). U.S. businesses constantly face the problem of counterfeit or piratical imports coming into the country being sold at lower prices, which erodes profits and may even damage the reputation of their products in the marketplace. U.S. law protects intellectual property owners from such imports.More... |
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