I'm not going to write "Top 10 IP Law
Predictions for 2003" because I could be wrong
(and Google would cache how wrong I was).
Better: "Top 10 IP Law Trends to Look for in
2003." Problem: I can't think of
10.
1. The Eldred decision will come down
eventually. If I were smart enough to know
how the Supreme Court would decide, I'd be working
at Goldstein
Howe. But either way, the decision will
force us to confront the copyright term issue. If
the Sonny Bono Act is upheld (ok, I predict it
will be), then there will be added vigor to
movements like Creative
Commons and perhaps we will see a drive to
amend the Copyright Act. And copyright
owners will explore how
trademark will protect in the absence of
copyright.
2. The Victor's
Little Secret case will be decided and the old
jazz standard "What Is This Thing Called
Dilution?" will have some new words to go with its
ambiguous melody. At issue: whether the
plaintiff has to prove actual damage from dilution
as opposed to likelihood of damage.
3. Madrid
Protocol - Good thing for US trademark owners,
as one application will suffice to cover trademark
applications in numerous countries. We are
likely to see implemnation this year (Don't worry
- I'll keep you informed). Bad thing
for non-US trademark lawyers as they won't
get paid to file non-US applications by US
companies. Bad thing for US trademark owners
as they won't get paid to file US trademark
applications by non-US applications.
4. Digitization of the Trademark
Procedures: My international
trademark metasearch couldn't exist four
years ago. I couldn't have handled the
number of applications I did this year without
electronic online filing. The real cost of
portfolio management (should) come down every year
as digit-pushing replaces paper pushing.
5. Erosion of Western Brand Power -
First, there is a something of an anti-brand
intellectual current, as exemplified by Rev. Billy's
Church of Stop-Shopping and Naomi Klein's No Logo
book. Then there is the fact that we are
in a consumer-spending downturn when people are a
little less likely to pay for a name.
Finally, there is the mainfestiation of
anti-Western sentiment as local brand loyalty -
case in point MECCA
COLA.
I expect to finsih my trends to watch list by
mid-December. Stay tuned. 11:02:27
AM |