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Articles 1 - 9 of 9
Full-Text Articles in Entire DC Network
Zombie Patents And Zombie Companies With Patents, Xuan-Thao Nguyen
Zombie Patents And Zombie Companies With Patents, Xuan-Thao Nguyen
Florida Law Review
No abstract provided.
Intellectual Property Geographies, Peter K. Yu
Intellectual Property Geographies, Peter K. Yu
Peter K. Yu
Written for a special issue on intellectual property and geography, this article outlines three sets of mismatches that demonstrate the vitality, utility and richness of analyzing intellectual property developments through a geographical lens. The article begins by examining economic geography, focusing on the tensions and conflicts between territorial borders and sub-national innovation (including those relating to obligations under the WTO TRIPS Agreement). This article then examines the oft-found mismatch between political geography and cultural geography. Illustrating this mismatch is the challenge of protecting traditional knowledge and traditional cultural expressions. The article concludes by exploring the growing mismatch between legal geography …
Beware The Slender Man: Intellectual Property And Internet Folklore, Cathay Y. N. Smith
Beware The Slender Man: Intellectual Property And Internet Folklore, Cathay Y. N. Smith
Faculty Law Review Articles
Internet folklore is created collaboratively within Internet communities-through memes, blogs, video games, fake news, found footage, creepypastas, art, podcasts, and other digital mediums. The Slender Man mythos is one of the most striking examples of Internet folklore. Slender Man, the tall and faceless monster who preys on children and teenagers, originated on an Internet forum in mid-2009 and quickly went viral, spreading to other forums and platforms online. His creation and development resulted from the collaborative efforts and cultural open-sourcing of many users and online communities; users reused, modified, and shared each other's Slender Man creations, contributing to his development …
Parallel Novels And The Reimagining Of Literary Notables By Follow-On Authors: Copyrights Issues When Characters Are First Created By Others, Scott D. Locke
Parallel Novels And The Reimagining Of Literary Notables By Follow-On Authors: Copyrights Issues When Characters Are First Created By Others, Scott D. Locke
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Patent Exhaustion Connects Common Law To Equity: Impression Products, Inc. V. Lexmark International, Inc., Kumiko Kitaoka
Patent Exhaustion Connects Common Law To Equity: Impression Products, Inc. V. Lexmark International, Inc., Kumiko Kitaoka
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Top Tens In 2017: Patent, Trademark, Copyright And Trade Secret Cases, Stephen M. Mcjohn
Top Tens In 2017: Patent, Trademark, Copyright And Trade Secret Cases, Stephen M. Mcjohn
Suffolk University Law School Faculty Works
The Supreme Court loosened the grip of patentees on their products, holding that contractual restrictions on patented product are ineffective to preserve patent rights. The Court also loosened the grip of the Eastern District of Texas on patent cases, announcing a narrower standard that will send more cases to Delaware. The Federal Circuit cases piled up on applying the Alice standard to filter nonpatentable abstract ideas from patentable inventions. Meanwhile, even as the constitutionality of the Patent Trial and Appeals Board pends before the Supreme Court, hundreds of PTAB decisions on the validity of patents move onward to the Federal …
Beyond Copyright: Applying A Radical Idea--Expression Dichotomy To The Ownership Of Fictional Characters, Tze Ping Lim
Beyond Copyright: Applying A Radical Idea--Expression Dichotomy To The Ownership Of Fictional Characters, Tze Ping Lim
Vanderbilt Journal of Entertainment & Technology Law
Copyright protection for fictional characters in the United States is expanding on an uncertain and incoherent basis. With the event of the case Towle v. DC Comics, courts have now applied three different tests to discern a character's copyrightability. Towle was a significant decision because it was the first time a US court had held that a car (the Batmobile) was a copyrightable character. Although courts have utilized the ideas-expression dichotomy to differentiate unprotectable character "ideas" from protectable character 'expressions', the dichotomy is unlikely to alleviate the law's uncertainty and incoherence. Both the US ideas-expression dichotomy and character copyrightability doctrines …
Preserving Film Preservation From The Right Of Publicity, Christopher J. Buccafusco, Jared Vasconcellos Grubow, Ian J. Postman
Preserving Film Preservation From The Right Of Publicity, Christopher J. Buccafusco, Jared Vasconcellos Grubow, Ian J. Postman
Faculty Scholarship
No abstract provided.
Intellectual Property As Seen By Barbie And Mickey: The Reciprocal Relationship Of Copyright And Trademark Law, Jane C. Ginsburg
Intellectual Property As Seen By Barbie And Mickey: The Reciprocal Relationship Of Copyright And Trademark Law, Jane C. Ginsburg
Faculty Scholarship
Some years ago, caselaw on trademark parodies and similar unauthorized “speech” uses of trademarks could have led one to conclude that the law had no sense of humor. Over time, however, courts in the US and elsewhere began to leaven likelihood of confusion analyses with healthy skepticism regarding consumers’ alleged inability to perceive a joke. These decisions did not always expressly cite the copyright fair use defense, but the considerations underlying the copyright doctrine seemed to inform trademark analysis as well. The spillover effect may indeed have been inevitable, as several of the cases in which the fair use defense …