Latest & Greatest – The Intellectual Property Handbook: A Practical Guide for Franchise, Business, and IP Counsel

Edited by Christopher P. Bussert and James R. Sims III

Published by American Bar Association Forum on Franchising and Section of Intellectual Property Law

KF 2979 .I4315 2016

Written for non-IP specialists, The Intellectual Property Handbook: A Practical Guide for Franchise, Business, and IP Counsel provides a substantive and practical overview of the most common intellectual property issues, including trademarks, copyrights, patents, trade secrets, cyber law, and social media issues. Besides describing the federal registration process, the authors explain basic trademark principles, everything from forms and types to the strength of the trademark and address the issues to consider when choosing a trademark. Equally important is the discussion of how to protect those rights and the types of legal actions to take to enforce those rights. In addition to highlighting domestic trademarks, the authors also cover domain names and trademarks on the Internet. Look for a discussion of the Anticybersquatting Consumer Protection Act and the Uniform Domain Name Dispute Resolution Policy adopted by the Internet Corporation for Assigned Names and Numbers.

Interested in copyright? The authors devote an entire chapter to the topic and define subject matter that is copyrightable, detail the rights granted by copyright, navigate the waters of the registration process, and address the issue of infringement.

Looking for information on patents? The authors have got you covered there as well. They explain what a patent is and what can be patented and help you with the patent application process. The authors also offer some patent protection strategies and enforcement remedies.

The chapter on trade secrets is full of useful information, such as what a trade secret is, its definitional elements, the steps to be taken to protect the trade secret, and the remedies available should the trade secret be misappropriated.

Lastly, the authors discuss data privacy and security, cloud computing, and social media and the IP concerns that may arise during the use of social networking services, including issues relating to trademark, copyright, personal information, and employee information.

Poetry of the Bench and Bar: Poetic Justice

We've been shining a spotlight all month long on the Poetry of the Bench and Bar with an exhibit featuring poetic judicial opinions and poems written by and about attorneys. Other legal poetry has been highlighted elsewhere including the Gallagher Law Library Judicial Humor page and, very recently, in the United States Court of Appeals for the Fourth Circuit.  In a case involving a transgender teen in Gloucester County, Virginia, Judge Andre Davis borrowed the words of Palestinian-American writer and poet Naomi Shihab Nye to comment on the teen's bravery in asserting his rights. 

Some say that poetry and the law are not compatible, that law is prosaic and measured, and that the business of law should deal in pragmatism, not poesy. Others disagree, arguing that poetry is sometimes appropriate if not necessary, as it can convey the sentiment of a decision better than the calculus of reasoned judgment. Historically (and poetically), law and verse have shared origins, as expressed in verse by one JW London over a century ago. In closing, here's London's 1894 poem fromThe Law Times:

In days of old did law and rhyme,
A common pathway follow,
For Themis in the mythic time,
Was sister of Apollo.

Happy San Jacinto Day, Texas!

Happy San Jacinto Day, Texas! Today marks the 181st anniversary of the final battle for Texas independence that took place in modern day Harris County between the forces of General Sam Houston and General Antonio Lopez de Santa Ana. The victory left a lasting impression locally and even inspires the centerpiece of the seal of the Harris County Attorney's Office. For more on the battle and how it influenced the design of the Law Library's parent organization's seal, see our Ex Libris Juris post commemorating the 180th San Jacinto Day.