On January 1, 2021, Meaghan Kent was quoted in IPWatchdog on what to expect in the world of intellectual property in 2021. The following is an excerpt:
I am watching for the Supreme Court’s decision in Google v. Oracle and opinion on both copyrightability of software and evaluation of the fair use factors, both of which will be impactful on the software industry but also potentially (depending on how far the Court goes!) all content creators and users. On the legislative front, I would look for enactment of the Trademark Modernization Act, changing USPTO trademark procedure, and implementation of the CASE Act establishing a small claims copyright board at the Copyright Office. I am also expecting that we will see an amendment to the Lanham Act, in the form of the SHOP SAFE Act, which will impose contributory liability for counterfeits on online marketplaces unless the marketplace takes the actions necessary to fall within a safe harbor.
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