Intellectual Property Law
New Matter SPRING 2014, Volume 39, Number 1
Content
- Contents
- MCLE Self-Study Article
- Letter from the Chair
- Inevitable Disclosures.
- The Importance of Being Earnest: Obtaining Copyright Registrations for 20th Century U.S. and Non-U.S. Photo Collections
- De-risking the Cloud
- Case Comments
- Ninth Circuit Holds that Irreparable Harm No Longer Presumed in Trademark Cases
- Letter from the Editor-in-Chief
- Copyright Interest Group
- Legislation Interest Group Report: Extract
- Patent Interest Group
- Patentable Subject Matter, Abstract Ideas, Business Methods, and the Patent Eligibility Trilogy
- Technology, Internet and Privacy Interest Group
- Trademark Interest Group
- 2014 New Matter Author Submission Guidelines
- Entertainment and Sports Law Interest Group
- In-house Counsel Interest Group
- International Interest Group
- International Ip Developments
- Key Defense Strategies in Trade Secrets Cases
- Ninth Circuit Report
- Making a Name For Yourself: Trademark Registration Challenges
- Intellectual Property Section Executive Committee 2013-2014
Ninth Circuit Report
Anne-Marie Dao
Miclean Gleason LLP
This issue’s Ninth Circuit Report discusses two very interesting cases. In December in Herb Reed Enterprises v. Florida Entertainment Management,1 the Ninth Circuit reversed decades of precedent in holding that the trademark owner is required to establish irreparable harm to obtain a preliminary injunction (rejecting the presumption of irreparable harm). The next case involves the right to publicity and addresses the question of whether using likeness to football players in video games is protected by the First Amendment. The Court in In re NCAA Student-Athlete Name & Likeness Licensing Litigation held that a video game manufacturer had violated the college football player plaintiff’s right to publicity.2