If you own a patent and become aware that it is being infringed, what are your options?  Usually three: 1) sue; 2) don’t sue and ignore the infringement; or 3) don’t sue, but try to agree to a license with the infringer, out of court.  As between alternatives ## 1 and 3, negotiating rather than suing can make a great deal of sense, in light of the fact that most litigation ends in settlement anyways.

Another consequence of our digital economy capturing national media attention is the utilization of social media and other internet tools to combat trademark disputes.

Corporate investment in branding, advertising and marketing has always been an important consideration for businesses (large and small) as they work to build their brand, name recognition and consumer base.  That effort now involves many different platforms with the advent of the internet and social media.  But as many companies are learning, when it comes to exercising trademark rights, the Web occasionally presents a double-edged sword.  Small business owners on the receiving end of cease-and-desist letters asserting trademark violations have begun to use the internet and social media as an inexpensive defense mechanism.  By letting their customers know of the threatened legal action, a growing number of small businesses, both on-line and bricks-to-mortar, are fighting back in a new way — they combat the challenge not through an exchange of letters and in the courts, but rather by appealing directly to the court of public opinion.

On October 5, 2011, the U.S. Supreme Court heard arguments in Golan v. Holder, No. 10-545.  At issue is the constitutionality of Congress’ ratification of § 514 of the Uruguay Round Agreements Act of 1994 (“URAA”), codified at 17 U.S.C. § 104 (A), 109(a).  Section 514 grants copyright protection to foreign works already in the public domain due to a failure to comply with technical copyright requirements whose term of copyright protection has not yet expired in its home country.  In order to be eligible for copyright restoration, the work must not be in the public domain in its home country and the home country must be a signatory to the Berne Convention for the Protection of Literary and Artistic Works (“Berne Convention”).