Note the similarities between voluntary dismissals and amendments of pleadings. What plaintiff seeks FRCP 15 Rule 41 Voluntary dismissal: Plaintiff wants to exercise a unilateral right Amendment as a matter of course: Limited in time. FRCP 15(a)(1). Notice of dismissal: Plaintiff’s right to do NOD is cut off by service of an answer or motion for summary […]
SOURCE OF RIGHTS, SUBJECT MATTER, OWNERSHIP, DURATION Copyright Patent (utility) Trade secret Trademark Source of protection Federal: Copyright & Patent Clause, 1976 Copyright Act State: generally preempted Federal: Copyright & Patent Clause, 1952 Patent Act and 2011 AIA amendments State: generally preempted Federal: Commerce Clause; Defend Trade Secrets Act of 2017 (DTSA) State: Uniform Trade Secrets Act […]
As the not-so-lazy days of summer fast approach, a number of important announcements as our semester winds down: Remaining assignments. Tentative assignments for the remainder of the year are now online so that you may start planning your study and review schedule. Problem sets and study materials. I have posted a large number of additional study […]
Facts Arnold Horschack was an aspiring songwriter. He spent many hours alone in his mother’s basement with an Apple computer that he used as a multi-track recorder. Over many months, he composed a song that he was sure would be a hit – “Welcome Back Cartman.” The song was intended as an ode to Eric […]
