Article Title

Intellectual Property

Publication Date


Document Type

Survey Article


This Article surveys caselaw developments in the area of intellectual property relevant to the Eleventh Circuit during the 2009 calendar year. Intellectual property law comprises several discrete yet overlapping areas of law. The four primary areas of intellectual property law are patent law, trademark law (including areas such as domain name law and "cybersquatting"), copyright law, and trade secret law. Because patent law and copyright law are provided for in the United States Constitution, cases in these areas are litigated exclusively in federal courts. Trademark law and trade secret law have both federal and state aspects, and the cases in these areas are based on federal or state law. However, the more interesting cases often are litigated in the 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 the areas of law. While the cited cases often have multiple issues, the Authors have included only the more relevant or interesting intellectual property issues. As such, this Article will focus on developments selected from the federal courts that are controlling on federal courts in the Eleventh Circuit and will also discuss appropriate and interesting state law cases.