Law Commons^™

Where Have All The Patent Lawyers Gone? Long Time Passing..., Kenneth L. Port, Molly R. Littman, Lucas Hjelle

Faculty Scholarship

This article pursues two distinct, but related hypotheses. First, as total LSAT takers decline, we expect to see a decline in the number of new attorneys admitted to the patent bar. Second, as the number of new patent attorneys shrinks and the number of women pursuing engineering degrees increases, we expect that the patent bar will become more female.

In order to test these hypotheses, we gathered and collated data from the Law School Admission Counsel (LSAC) regarding students taking the Law School Admissions Test (LSAT), the United States Patent and Trademark Office (USPTO), the Society of Women Engineers (SWE), …

The Dtsa: The Litigator’S Full-Employments Act, Sharon Sandeen

Faculty Scholarship

Civil litigation is expensive, both for the party bringing suit and the party that must defend against such claims. For a variety of reasons, not the least of which are the usual requests for preliminary relief and protective orders, trade secret litigation is particularly expensive. These costs can have a crippling effect on small businesses and start-up companies that are accused of trade secret misappropriation, often resulting in litigation expenses that exceed the alleged harm to the plaintiff. Such litigation is particularly costly and unjust in cases where the plaintiff asserts rights that, due to common misunderstandings about the limited …

Keeping Princess Peach Locked In Her Castle: Criminal Liability For Trafficking Circumvention Technology—United States V. Reichert, Jacob M. Abdo

William Mitchell Law Review

No abstract provided.

An Overview Of Legal Protection For Fictional Characters: Balancing Public And Private Interests, Amanda Schreyer

Cybaris®

No abstract provided.

Foreword, Daniel L. Bruzzone, Brad D. Pedersen

Cybaris®

No abstract provided.

Just Governance Or Just War?: Native Artists, Cultural Production, And The Challenge Of "Super-Diversity", Rebecca Tsosie

Cybaris®

No abstract provided.

Here Come The Trade Secret Trolls, David S. Levine, Sharon Sandeen

Faculty Scholarship

Within the past few years, the U.S. federal government has been forced to confront the massive but hard-to-quantify problem of foreign and state-sponsored cyberespionage against U.S. corporations, from Boeing to small technology start-ups, and (as of this writing) perhaps Sony Pictures Entertainment. As part of that effort, Congress has taken up the Defend Trade Secrets Act and the Trade Secret Protection Act, which would create a private cause of action under the federal Economic Espionage Act. This Article addresses the possibility of introducing trolling behavior — using litigation as a means to extract settlement payments from unsuspecting defendants — to …

Revisiting Park ‘N Fly: In Pursuit Of Constraints On Trademark Bullies, Kenneth L. Port

Faculty Scholarship

The Supreme Court has been inextricably constraining the trademark right in the last 15 years. The Court first embarked in a wholesale expansion of the trademark right and now the Court is engaged in an effort to rein it back in.

The expansion started in 1985 with Park ‘N Fly v. Dollar Park & Fly. The Court there held that a descriptive and otherwise unenforceable trademark is made enforceable and the appropriate subject of an offensive action to enjoin a competing use if it is incontestable. The Court overruled Park ‘N Fly by implication with KP Permanent Makeup v. Lastings. …

Trademark Extortion Revisited: A Response To Vogel And Schachter, Kenneth L. Port

Faculty Scholarship

Trademark bullying (a.k.a. trademark extortion) is a very controversial notion in trademark litigation in the United States. There, for sure, is a lot of illegitimate trademark infringement happening. Anecdotally, we also know that trademark holders often overstep in the assertion of their otherwise legitimate rights. For the first time, this article documents how large a problem trademark bullying is and how often it happens. Trademark bullying occurs when there is evidence that a trademark holder asserts a non-famous mark against a non-competing entity on or in connection with goods or services into which the plaintiff has no reasonable expectation of …

Foreword, Kathryn E. Wagner

Cybaris®

No abstract provided.

Regionally Based Collective Trademark System In Japan: Geographical Indicators By A Different Name Or A Political Misdirection?, Kenneth L. Port

Cybaris®

No abstract provided.

The Effects Of Exposure On The Ecology Of The Magic Industry: Preserving Magic In The Absence Of Law, Jared R. Sherlock

Cybaris®

No abstract provided.

Fair Use And Appropriation Art, Niels Schaumann

Cybaris®

No abstract provided.

The Emperor’S New Digital Clothes: The Illusion Of Copyright Rights In Social Media, Mihajlo Babovic

Cybaris®

No abstract provided.

Resale Royalties For Visual Artists: Promoting Equity And Expression, Alma Robinson

Cybaris®

No abstract provided.

How Spotify Killed The Radio Star: An Analysis On How The Songwriter Equity Act Could Aid The Current Online Music Distribution Market In Failing Artists, Caitlin Kowalke

Cybaris®

No abstract provided.

Inter Partes Review: A Multi-Method Comparison For Challenging Patent Validity, Joseph W. Dubis

Cybaris®

No abstract provided.

A Short History Of Patent Remedies, James Ryan

Cybaris®

No abstract provided.

Adapting Alice: How To Formulate A Repeatable Test Based On Alice V. Cls Bank, Kelly Fermoyle

Cybaris®

No abstract provided.

The Uspto Patent Pro Bono Program, Jennifer M. Mcdowell, Saurabh Vishnubhakat

Cybaris®

No abstract provided.