Law Commons^™

Mcgucken V. Pub Ocean Ltd., Christina Robinson

Golden Gate University Law Review

This case summary details the decision in McGucken v. Pub Ocean Ltd., 42 F.4th 1149 (9th Cir. 2022), in which the U.S. Court of Appeals for the Ninth Circuit analyzed the proper application of the fair use doctrine under the U.S. Copyright Act. The Copyright Act (17 U.S.C. §§ 101 et. seq. (1976)) seeks to further cultural advancements by protecting the exclusive rights of creators. The fair use doctrine protects the interests of those who build upon the work of creators when they use portions of previously copyrighted works. In McGucken, the Ninth Circuit reversed the sua sponte …

Case Summary: Dr. Seuss Enterprises V. Comicmix Llc: Ninth Circuit Affirms Copyright Fair Use And Trademark Infringement Precedents

Golden Gate University Law Review

More than twenty years ago, in Dr. Seuss Enterprises, L.P. v. Penguin Books USA, Inc., the Ninth Circuit favored Seuss, concluding that The Cat NOT in the Hat!, a self-described “parody” of The Cat in the Hat, did not represent “fair use” of the children’s book under the Copyright Act. In 2019, Seuss entered litigation with ComicMix, the creator of Oh, the Places You’ll Boldly Go!

(“Boldly”), another self-proclaimed parody of the Dr. Seuss classic Oh, the Places You’ll Go! (“Go!”). The case presented a set of facts strikingly similar to those in …

Here’S Why It’S Time The Lanham Act Recognizes Personal Brands, Golden Gate University School Of Law

GGU Law Review Blog

The Lanham Act defines and governs trademarks, service marks, and unfair competition, all to protect American consumers from market confusion. Under the Lanham Act, a mark is famous if it is “widely recognizable to the general consuming public of the United States.” When a celebrity brings a claim under the Lanham Act for the unauthorized use of their image, courts may find that the celebrity’s name and image constitute an unregistered trademark, while the celebrity’s persona is the goods or services which the celebrity places into commerce. To analyze the claim, several factors help determine the likelihood of market confusion. …

A Comparative Study Of Copyright Protection In China And The U.S, In The Context Of U.S-China Trade Disputes, Lin Zhu

Theses and Dissertations

Intellectual property rights (IPR) are almost central subjects in US-China relations. The debates between the two countries over IPR protection have been more like an endless chess puzzle. It has become a popular topic to compare the two countries to gain a deep understanding of the legal differences and the reasons of disputes in this regard. To a certain extent, the two countries represent the future course of copyright development. Therefore, this paper attempts to compare the copyright legal system of the two countries by examining the historical development of foreign copyright protection, including domestic legislation and international conventions.

Corporate Compliance In International Technology Licensing, Homa Badamchi

Theses and Dissertations

According to the U.S. Congress, it can be inferred that "In general, the process of commercializing intellectual property is very complex, highly risky, takes a long time, cost much more than you think it will, and usually fails.”

This quote from the Congressional Committee on Science and Technology is validation on how complex commercializing intellectual property protected technology and transferring it is. International businesses are required to comply with a vast range of domestic and foreign laws and regulations when transferring or licensing their technology. A key concern is how the achieved technology would be used elsewhere and the responsibility …

The Ip Law Book Review, V.10 #1, William T. Gallagher, Samuel F. Ernst

Intellectual Property Law

LANDMARK CASES IN INTELLECTUAL PROPERTY LAW, edited by Jose Bellido. Reviewed by Maurizio Borghi, Centre for Intellectual Property Policy & Management (CIPPM), Bournemouth University.

UNITED STATES V. APPLE: COMPETITION IN AMERICA by Chris Sagers. Reviewed by Shubha Ghosh, Syracuse University College of Law. A response is given by Professor Sagers following the review.

PATENT REMEDIES AND COMPLEX PRODUCTS: TOWARD A GLOBAL CONSENSUS, edited by C. Bradford Biddle, Jorge. L. Contreras, Brian J. Love, and Norman V. Siebrasse. Reviewed by Bernard Chao, University of Denver Sturm College of Law.

The Pharmaceutical Industry’S Corrupt Price Discrimination System: A Single Solution?, Samuel F. Ernst

Publications

The patent exhaustion doctrine generally provides that when a patent holder sells or authorizes the sale of a patented product, the patent rights in that item are exhausted. The patent holder cannot chase the item down the stream of commerce to impose restrictions on its use or resale. One issue that arises is whether a domestic sale is required to trigger patent exhaustion, or if sales overseas can also trigger patent exhaustion. The Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”) is agnostic on this question, providing that “nothing in this Agreement shall be used to address the issue …

Williams V. Gaye: Further Blurring The Lines Between Inspiration And Infringement, Alyssa Chavers

Golden Gate University Law Review

Part I of this Note outlines the factual and procedural history of Williams and discusses the Ninth Circuit’s analysis in its first and second opinions. Part II discusses the historical background of copyright law in the United States, namely the Copyright Act of 1909 and the Copyright Act of 1976. Additionally, this section explains the structure of a music copyright infringement suit, including the elements required to make a successful infringement claim.

Part III argues why courts should presume access in music copyright infringement cases, and subsequently, abandon the inverse-ratio rule. The inverse-ratio rule should be abandoned because people’s access …

18th Annual Recent Developments In Ip Law And Policy Conference, Golden Gate University School Of Law

Intellectual Property Law

Welcome to the 18th Annual Conference on Recent Developments in Intellectual Property Law and Policy, presented by the Center for Intellectual Property and Privacy Law (CIPPL) of Golden Gate University School of Law. This annual tradition, begun in late September 2001, was one of the first events developed as part of the foundation of our new IP Law Program. Over the years we have hosted presentations by leading thinkers in the area of IP Law, including Professor & former Senior Advisor to the Obama Administration Justin Hughes, New Yorker writer Ken Auletta, Professor Dan Burk, Professor Susan Scafidi of the …

The Ip Law Book Review, V9 #1, William T. Gallagher

Intellectual Property Law

PATENT POLITICS: LIFE FORMS, MARKETS, AND THE PUBLIC INTEREST IN THE UNITED STATES AND EUROPE, by Shobita Parthasarathy. Reviewed by Wissam Aoun, University of Detroit Mercy School of Law.

EXHAUSTING INTELLECTUAL PROPERTY RIGHTS by Shubha Ghosh and Irene Calboli. Reviewed by Samuel F. Ernst, Golden Gate University School of Law.

THE RIGHT OF PUBLICITY: PRIVACY REIMAGINED FOR A PUBLIC WORLD, by Jennifer E. Rothman. Reviewed by Eric E. Johnson, University of Oklahoma College of Law.

February 1, 2019 - Conference Program, Golden Gate University School Of Law, Mccarthy Institute

McCarthy Institute

Conference Program.

February 1, 2019 - Panel 3: Branding In The Fashion Industry, Golden Gate University School Of Law, Mccarthy Institute

McCarthy Institute

• Julie Zerbo, Founder & Editor-in-Chief, The Fashion Law (moderator)
• Megan Bannigan, Counsel, Debevoise & Plimpton
• Laura Chapman, Partner, SheppardMullin
• Pamela Weinstock, Volunteers of Legal Service
• Pier Luigi Roncaglia, Managing Partner, Spheriens Avvocati

February 1, 2019 - Panel 4: Online Platforms: Trademark Rights And Relevance, Golden Gate University School Of Law, Mccarthy Institute

McCarthy Institute

• Marc Greenberg, Professor of Law, Golden Gate University School of Law (moderator)
• Marc Cooperman, Attorney, Banner Witcoff
• Xinghao Wang, Director, Global IP Enforcement, Alibaba Group
• Eric Gelwicks, Director, Business & Legal Affairs, Live Nation
• Dan Chen, Senior Partner, G.M., Unitalen IP Consulting LLC
• Patchen Haggerty, Partner, Perkins Coie
• Michael Kelly, Senior Corporate Counsel, IP, Amazon
• David Franklyn, Professor of Law, Golden Gate University School of Law

February 1, 2019 - Panel 2: Trademark Registration In The Uspto And Euipo – A Comparative, Practical Analysis, Golden Gate University School Of Law, Mccarthy Institute

McCarthy Institute

• Iza Junkar, Senior Associate, Hogan Lovells (moderator)
• Meryl Hershkowitz, Deputy Commissioner for Trademark Operations, U.S. Patent and Trademark Office
• Barton Beebe, John M. Desmarais Professor of Intellectual Property Law, NYU School of Law
• Jeanne Fromer, Professor of Law, NYU School of Law
• Gordon Humphreys, Chairperson of the 5th Board, EUIPO Boards of Appeal
• Joao Negrao, Director, International Cooperation and Legal Affairs, EUIPO
• Joseph Ferretti, Vice President and Chief Counsel, Global Trademarks, PepsiCo

February 1, 2019 - Panel 1: When Virtual Meets Real: From Video Games To Fictional Brands, Golden Gate University School Of Law, Mccarthy Institute

McCarthy Institute

• Janice Bereskin, Partner, Bereskin & Parr (moderator)
• J. Thomas McCarthy, Of Counsel, Morrison Foerster
• Mark McKenna, John P. Murphy Foundation Professor of Law, Notre Dame Law School
• Rick McMurtry, Senior Vice President & Associate General Counsel, Turner (TBS)
• Makalika Naholowaa, Head of Trademarks, Microsoft

A Patent Reformist Supreme Court And Its Unearthed Precedent, Samuel F. Ernst

Publications

This paper examines the twenty-eight Supreme Court opinions overruling the Federal Circuit since 2000 and quantifies their rationales to discover that, while these reasons are often invoked, the Supreme Court’s most common rationale is that the Federal Circuit has disregarded or cabined its older precedent from before the 1982 creation of the Federal Circuit, from before the 1952 Patent Act, and even from before the 20th Century. The Court has relied on this rationale in twenty-one of the twenty-eight cases. The paper then seeks to probe beneath the surface level patterns to discover the deeper roots of the discord between …

17th Annual Recent Developments In Ip Law And Policy Conference, William T. Gallagher

Intellectual Property Law

16th Annual Recent Developments in IP Law and Policy Conference

Golden Gate University School of Law

Program, October 26, 2018

Mccarthy Institute Moves To Golden Gate University, Michael Hunter Schwartz

Articles About GGU Law

This fall, Golden Gate University launched a new effort to assist its students in securing jobs in the technology sector by acquiring the prestigious McCarthy Institute. The Institute is jointly sponsored by the university’s law and business schools.

Prestigious Mccarthy Institute Moves To Golden Gate University, Golden Gate University

Press Releases

tarting in August 2018, the McCarthy Institute, the world's preeminent trademark, consumer behavior, and branding institute, will be located jointly in the law and business schools at Golden Gate University in downtown San Francisco.

The Prestigious Mccarthy Institute Moves To Golden Gate University, Golden Gate University School Of Law

McCarthy Institute

Press release:

Starting in August 2018, the McCarthy Institute, the world’s preeminent trademark, consumer behavior, and branding institute, will be located jointly in the law and business schools at Golden Gate University in downtown San Francisco.

The Ip Law Book Review, Vol. 8 #2, William T. Gallagher

Intellectual Property Law

THE BRANDING OF THE AMERICAN MIND: HOW UNIVERSITIES CAPTURE, MANAGE, AND MONETIZE INTELLECTUAL PROPERTY AND WHY IT MATTERS, by Jacob Rooksby. Reviewed by Liza Vertinsky, Emory University School of Law

ILLEGAL LITERATURE: TOWARD A DISRUPTIVE CREATIVITY by David S. Roh. Reviewed by Shubha Ghosh, Syracuse University College of Law

ARTISTIC LICENSE: THE PHILOSOPHICAL PROBLEMS OF COPYRIGHT AND APPROPRIATION, by Darren Hudson Hick. Reviewed by Shubha Ghosh, Syracuse University College of Law

THE LAW AND PRACTICE OF TRADEMARK TRANSACTIONS: A GLOBAL AND LOCAL OUTLOOK, edited by Irene Calboli and Jacques de Werra. Reviewed by Jake Linford, Florida State University College of …

The Substantial Identity Requirement Of Patent Infringement, Samuel F. Ernst

Publications

No abstract provided.

16th Annual Recent Developments In Ip Law And Policy Conference, Golden Gate University School Of Law, William T. Gallagher

Intellectual Property Law

16th Annual Recent Developments in IP Law and Policy Conference
Golden Gate University School of Law
Program Schedule
February 23, 2018

The Supreme Court Case That The Federal Circuit Overruled: Westinghouse V. Boyden Power Brake Co., Samuel F. Ernst

Publications

Can a federal court of appeals overrule Supreme Court precedent? Not overtly. But if nobody takes notice, a circuit court can undermine Supreme Court precedent, vacating lower court decisions that rely on the precedent and announcing in published opinions that a once robust doctrine has somehow suddenly become archaic, disfavored, and rarely applied. This is how the Court of Appeals for the Federal Circuit has caused an important Supreme Court patent law doctrine to vanish: the reverse doctrine of equivalents, as announced by the Court in the 1898 case Westinghouse v. Boyden Power Brake Co. Hence Westinghouse represents forgotten precedent …

Total Patent Exhaustion!, Samuel F. Ernst

Publications

The exhaustion doctrine generally provides that when a patent holder sells or authorizes another party to sell a patented item, the patent rights in that item are exhausted, and the patent holder cannot pursue that product down the stream of commerce to demand royalties from each party that subsequently acquires the item. Patent holders have often sought to evade patent exhaustion by drafting licensing agreements attending or authorizing the sale of their patented products that place restrictions on the use of the patented item or otherwise provide that no patent exhaustion has occurred. In Impression Products v. Lexmark, the Supreme …

The Ip Law Book Review, V. 8#1, William T. Gallagher

Intellectual Property Law

AUTHORS IN COURT: SCENES FROM THE THEATER OF COPYRIGHT, by Mark Rose. Reviewed by Robert Spoo, The University of Tulsa College of Law

COPYRIGHT BEYOND LAW: REGULATING CREATIVITY IN THE GRAFFITI SUBCULTURE, by Marta Iljadica. Reviewed by Zahr K. Said, University of Washington School of Law

CHOREOGRAPHING COPYRIGHT: RACE, GENDER, AND INTELLECTUAL PROPERTY RIGHTS IN AMERICAN DANCE by Anthea Kraut. Reviewed by Carys Craig, Osgoode Hall Law School, York University

The Ip Law Book Review, Vol. 7#2, March 2017, William T. Gallagher

Intellectual Property Law

Reviews of:
WHAT’S WRONG WITH COPYING? by Abraham Drassinower, Harvard University Press, 2015, 288 pp., Hardcover, $39.95.

Reviewed by:

Mark Rose
Jessica Silbey
Glynn S. Lunney, Jr.

Author’s Response, by Abraham Drassinower,

Dc Comics V. Towle: To The Batmobile!: Which Fictional Characters Deserve Protection Under Copyright Law, Katherine Alphonso

Golden Gate University Law Review

Section I of this Note presents the history and purpose of copyright law by giving a brief background of its origin. It discusses how courts have since expanded copyright coverage to individual fictional characters, and chronicles the various challenges faced in applying the law. Section I also provides relevant facts and procedural history for the case.

Section II examines the Ninth Circuit’s discussion and holding. Section III discusses the inherent limitations of the three-part test used in the decision. It explains the importance of rejecting categorical protection and analyzing copyright for all fictional characters on a case-by-case basis. Section III …

Going Native: Can Consumers Recognize Native Advertising? Does It Matter?, David Franklyn, David A. Hyman, Calla Yee, Mohammad Rahmati

Publications

Native advertising, which matches the look and feel of unpaid news and editorials, has exploded online. The Federal Trade Commission has long required advertising to be clearly and conspicuously labeled, and it recently reiterated that these requirements apply to native advertising. We explore whether respondents can distinguish native advertising and "regular" ads from unpaid content, using 16 native ads, 5 '"regular" ads, and 8 examples of news/editorial content, drawn from multiple sources and platforms. Overall, only 37% of respondents thought that the tested examples of native advertising were paid content, compared to 81% for "regular" advertising, with variation by platform, …

15th Annual Recent Developments In Ip Law And Policy Conference, William T. Gallagher

Intellectual Property Law

Program booklet for the 15th Annual Recent Developments in IP Law and Policy Conference at Golden Gate University School of Law.

Program:

Registration/Check-in 8:30 – 9:00 2nd floor lobby

Welcoming Remarks 9:00 – 9:15 - Director William Gallagher - University President David Fike

Patent Law Year in Review 9:15 – 10:15 - Justin Beck (Beck, Bismonte & Finley LLP) - Brian Mitchell (Mitchell & Company)

Morning Break 10:15 – 10:30

Trademark Law 10:30 – 11:30 Thomas Harvey (Coblentz, Patch, Duffy and Bass, LLP)

Privacy Law 11:30 – 12:30 Adam Sand (Shopkick.com)

Lunch 12:30 – 1:45 Pick up lunch in …