Intellectual Property

This Article surveys case law developments relevant to Georgia in the area of intellectual property during the period from January 1, 2006 to December 31, 2006. Intellectual property law comprises several discrete yet overlapping areas of law. The four primary areas of intellectual property law are patent law, trademark law, copyright law, and trade secret law. Because patent law and copyright law are provided for in the United States Constitution, these decisions are based in federal law and are litigated in federal courts.

Trademark law and trade secret law have both federal and state aspects, and the cases regarding these areas are based on federal or state law. However, the more intricate cases are often litigated in the United States federal courts. The Authors have not attempted to include all cases that touch upon intellectual property but instead have selected decisions that are of more significance or interest or that may indicate a particular direction in these areas of law. Although the cited cases often have multiple issues, the Authors have reported only on the more relevant or interesting intellectual property issues.

As such, this Article will focus on developments selected primarily from the federal courts that are controlling or binding on federal courts in Georgia.