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| Preface | |
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| Flow Charts | |
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| Is There a Cause of Action for Trade Secret Misappropriation? | |
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| Analyzing the Patentability of an Invention | |
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| Analyzing the Patentability of an Invention when the Effective Filing Date is on or After March 16, 2013 | |
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| Is There a Cause of Action for Patent Infringement? | |
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| Analyzing Copyrightability | |
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| Is There a Cause of Action for Copyright Infringement? | |
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| The Digital Millennium Copyright Act Anti-Circumvention Provisions | |
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| Analyzing Rights in Indications of Origin | |
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| Does the Owner of the Indication of Origin Have a Cause of Action for Infringement? | |
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| Does the Mark Owner Have a Cause of Action for Dilution? | |
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| Does the Mark Owner Have a Cause of Action For Cybersquatting? | |
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| Capsule Summary | |
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| Introduction to the Study of Intellectual Property | |
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| The Law of Trade Secrets | |
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| Patents | |
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| The Law of Undeveloped Ideas | |
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| Copyright Law | |
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| Trademark Law | |
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| Unfair Competition | |
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| The Right of Publicity | |
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| The Relationship Between Federal and State Law | |
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| Exam Tips | |
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| Intellectual Property Generally | |
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| Public Policy | |
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| Multiple Forms of Protection | |
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| Trade Secrets | |
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| Trade Secret Status | |
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| Ownership Issues | |
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| Public Policy | |
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| Patents | |
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| Understanding Novelty | |
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| Understanding Non-obviousness | |
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| Distinguishing Pre-Leahy-Smith Patent Act �102(a) and (b) When Dealing with Applications/Patents Filed Prior to March 16, 2013 | |
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| Distinguishing Pre-Leahy-Smith �103 Obviousness and �102(b) Obviousness When Dealing with Applications/Patents Filed Prior to March 16, 2013 | |
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| Time Lines Can Be Useful | |
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| Keep the Various Forms of Infringement Straight | |
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| Fitting Designs and Plants into the Novelty and Non-obviousness Scheme | |
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| Rights in Undeveloped Ideas | |
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| Look Out for Preemption | |
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| Overlap with Trade Secret Law | |
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| Copyright Law | |
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| Remember the Policies and Ultimate Purpose Underlying Copyright | |
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| The Idea/Expression Dichotomy | |
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| The Originality Standard | |
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| Overlap with Other Doctrines | |
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| The Varying Infringement Standards | |
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| Infringement on the Internet | |
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| Calculating Duration | |
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| Trademark Law | |
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| Think About the Underlying Policies | |
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| Remember That the Substantive Rules Are Similar for Both Registered and Common-Law Marks | |
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| Use Lanham Act �2 as a Checklist | |
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| A Wide Range of Things May Be Protected as Indications of Origin | |
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| Evaluate the Distinctiveness of Alleged Indications of Origin | |
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| Special Considerations for Product Feature Trade Dress | |
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| Time Lines Can be Useful | |
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| Unfair Competition | |
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| Watch Out for Possible Preemption | |
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| The Right of Publicity | |
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| Bear in Mind That There Is Significant Overlap | |
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| The Relationship Between Federal and State Law | |
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| Preemption May Be a Hidden Issue | |
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| Shrink-wrap and Click-wrap Licenses | |
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| Short-Answer Questions | |
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| Sample Answers to Short-Answer Questions | |
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| Essay Exam Questions and Answers | |
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| Table of Cases | |
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| Table of References to the Copyright Act of 1976 (17 U.S.C. �101 et seq.) | |
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| Table of References to the Lanham Act (15 U.S.C. �1051 et seq.) | |
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| Table of References to the Patent Act (35 U.S.C. �1 et seq.) | |
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| Index | |