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Selected Works

Laura A. Heymann

Selected Works

Copyright

Articles 1 - 3 of 3

Full-Text Articles in Law

The Trademark/Copyright Divide, Laura A. Heymann Sep 2019

The Trademark/Copyright Divide, Laura A. Heymann

Laura A. Heymann

No abstract provided.


Overlapping Intellectual Property Doctrines: Election Of Rights Versus Selection Of Remedies, Laura A. Heymann Sep 2019

Overlapping Intellectual Property Doctrines: Election Of Rights Versus Selection Of Remedies, Laura A. Heymann

Laura A. Heymann

Overlaps exist across various doctrines in federal intellectual property law. Software can be protected under both copyright law and patent law; logos can be protected under both copyright law and trademark law. Design patents provide a particular opportunity to consider the issue of overlap, as an industrial design that qualifies for design patent protection might also, in particular circumstances, qualify for copyright protection as well as function as protectable trade dress.

When an overlap issue arises—that is, when an intellectual property rights holder asserts rights under more than one doctrine—the question then becomes how courts should respond. One response, of …


A Tale Of (At Least) Two Authors: Focusing Copyright Law On Process Over Product, Laura A. Heymann Sep 2019

A Tale Of (At Least) Two Authors: Focusing Copyright Law On Process Over Product, Laura A. Heymann

Laura A. Heymann

No abstract provided.