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Articles 1 - 30 of 30
Full-Text Articles in Law
Wearables And Where They Stick: Finding A Place For Tech Tattoos In The Ip Framework, Emily A. Mccutcheon
Wearables And Where They Stick: Finding A Place For Tech Tattoos In The Ip Framework, Emily A. Mccutcheon
Journal of Intellectual Property Law
No abstract provided.
Freebooting On Facebook -- Should The Social Media Giant Face Liability?, Nicholas J. Tait
Freebooting On Facebook -- Should The Social Media Giant Face Liability?, Nicholas J. Tait
Journal of Intellectual Property Law
No abstract provided.
Watch What You *Bleeping* Want: Interpretation Of Statutes Dealing With Advancing Technology In Light Of The Ninth Circuit Case Of "Disney Enterprises, Inc. V. Vidangel, Inc.", Thomas B. Norton
Journal of Intellectual Property Law
No abstract provided.
Tightening The Gilstrap: How "Tc Heartland" Limited The Pharmaceutical Industry When It Reined In The Federal Circuit, Amanda Walton Newton
Tightening The Gilstrap: How "Tc Heartland" Limited The Pharmaceutical Industry When It Reined In The Federal Circuit, Amanda Walton Newton
Journal of Intellectual Property Law
No abstract provided.
The Curious Case Of Cady Noland And The Disappearing Cabin, Amanda Hoefer
The Curious Case Of Cady Noland And The Disappearing Cabin, Amanda Hoefer
Journal of Intellectual Property Law
No abstract provided.
Cybersecurity, Shareholders, And The Boardroom: An Analysis Of Current And Proposed Measures For Protecting Corporate Intellectual Property, Kathryn V. Wymer
Cybersecurity, Shareholders, And The Boardroom: An Analysis Of Current And Proposed Measures For Protecting Corporate Intellectual Property, Kathryn V. Wymer
Journal of Intellectual Property Law
No abstract provided.
A Duty To Safeguard: Data Breach Litigation Through A Quasi-Bailment Lens, Miles Christian Skedvold
A Duty To Safeguard: Data Breach Litigation Through A Quasi-Bailment Lens, Miles Christian Skedvold
Journal of Intellectual Property Law
No abstract provided.
Balancing The Competing Functions Of Patent Post-Grant Proceedings, Michael Xun Liu
Balancing The Competing Functions Of Patent Post-Grant Proceedings, Michael Xun Liu
Journal of Intellectual Property Law
Since the 1980s, the United States Patent and Trademark Office has amended or revoked patents through post-grant proceedings. These are quasi-judicial proceedings that are often used to resolve patent disputes. But aside from adjudicating private disputes, post-grant proceedings also aim to protect the public against invalid patents, create more certainty in patent rights, and bolster confidence in the patent system. These functions are often described as “examinational” because they rely on the PTO’s ability to reexamine the validity of issued patents.
This Article explores the extent to which post-grant proceedings under the America Invents Act (AIA) perform examinational functions. Although …
Historical Perspectives & Reflections On "Matal V. Tam" And The Future Of Offensive Trademarks, Russ Versteeg
Historical Perspectives & Reflections On "Matal V. Tam" And The Future Of Offensive Trademarks, Russ Versteeg
Journal of Intellectual Property Law
No abstract provided.
From Ip Goals To 3d Holes: Does Intellectual Property Law Provide A Map Or Gap In The Era Of 3d Printing?, Autumn Smith
From Ip Goals To 3d Holes: Does Intellectual Property Law Provide A Map Or Gap In The Era Of 3d Printing?, Autumn Smith
Journal of Intellectual Property Law
No abstract provided.
Use It Or Lose It: The Sixth Circuit's New Approach To Evaluating Likelihood To Cause Consumer Confusion In Trademark Disputes, Stuart F. Sumner
Use It Or Lose It: The Sixth Circuit's New Approach To Evaluating Likelihood To Cause Consumer Confusion In Trademark Disputes, Stuart F. Sumner
Journal of Intellectual Property Law
No abstract provided.
Location Unaware: Developing A Standard Of Secondary Liability For Location-Aware Technology Developers, Joseph Phillip Sklar
Location Unaware: Developing A Standard Of Secondary Liability For Location-Aware Technology Developers, Joseph Phillip Sklar
Journal of Intellectual Property Law
No abstract provided.
The Ftc And Modern Common Carrier Regulation In The Telecom Context, Cody Lee Shubert
The Ftc And Modern Common Carrier Regulation In The Telecom Context, Cody Lee Shubert
Journal of Intellectual Property Law
No abstract provided.
Disposition Of Digital Assets In Georgia, Clint Alain Guillebeau
Disposition Of Digital Assets In Georgia, Clint Alain Guillebeau
Journal of Intellectual Property Law
No abstract provided.
Standoff Between The Trademark Trial And Appeal Board (Ttab) And The Federal Courts: What "Houndstooth Mafia" Means For Judicial Authority Over Administrative Agencies, Matthew S. Chandler
Standoff Between The Trademark Trial And Appeal Board (Ttab) And The Federal Courts: What "Houndstooth Mafia" Means For Judicial Authority Over Administrative Agencies, Matthew S. Chandler
Journal of Intellectual Property Law
No abstract provided.
Limb Law: Licensing Solutions For The Prosthetic Industry's Patentability And Cost Crisis, Ryan J. Mumper
Limb Law: Licensing Solutions For The Prosthetic Industry's Patentability And Cost Crisis, Ryan J. Mumper
Journal of Intellectual Property Law
No abstract provided.
Fundamental, Unequivocal, Yet Unreliable: The Interplay Of Voting, Electronic Voting Systems, And Trade Secrets In Today's Interconnected World, Burns Marlow
Journal of Intellectual Property Law
No abstract provided.
Additive Manufacturing, Pay-For-Delay, And Mandatory Care: Is There Space For Positive Reform?, Jordan L. Jackson
Additive Manufacturing, Pay-For-Delay, And Mandatory Care: Is There Space For Positive Reform?, Jordan L. Jackson
Journal of Intellectual Property Law
No abstract provided.
Getting Patent Preemption Right, Camilla A. Hrdy
Getting Patent Preemption Right, Camilla A. Hrdy
Journal of Intellectual Property Law
No abstract provided.
The Myth Of Uniformity In Ip Laws, Sharon K. Sandeen
The Myth Of Uniformity In Ip Laws, Sharon K. Sandeen
Journal of Intellectual Property Law
When Congress enacts federal laws, it is often because of the asserted benefits of a “uniform” law and the, often unspoken, assumption that federal laws are somehow more uniform than uniform state laws. Infact, the uniformity argument was a primary justification for theenactment of both the Defend Trade Secrets Act of 2016 and the EU Trade Secret Directive.
The quest for uniformity, particularly with respect to laws that relate to intellectual property rights, is an old story in the United States. During the drafting of the U.S. Constitution, the existence of inconsistent state laws was a central reason for the …
Equitable Resale Royalties, Brian L. Frye
Equitable Resale Royalties, Brian L. Frye
Journal of Intellectual Property Law
A “resale royalty right” is a legal right that gives certain artists the right to claim a percentage of the resale price of the artworks they created. Many countries have created a resale royalty right, but the United States has not, and a federal court recently held that a resale royalty right created by California was preempted by federal law.
Commentators disagree about the justification of the resale royalty right. Supporters argue that equity entitles artists to a resale royalty right, which also encourages the production of artwork and protects artists from exploitation. Opponents argue that the resale royalty right …
Powering Intellectual Property Sharing: How To Make Tesla’S Patent Pledge Effective, Benjamin M. Hill
Powering Intellectual Property Sharing: How To Make Tesla’S Patent Pledge Effective, Benjamin M. Hill
Journal of Intellectual Property Law
No abstract provided.
Insuring Failure: How Crowd-Sourcing Sites May Be Forced Into The Role Of Patent Insurance, Spencer S. Haley
Insuring Failure: How Crowd-Sourcing Sites May Be Forced Into The Role Of Patent Insurance, Spencer S. Haley
Journal of Intellectual Property Law
No abstract provided.
A Tale Of Two Composers: An Argument For A Limited Expansion Of Moral Rights For Composers, Cassidy Grunninger
A Tale Of Two Composers: An Argument For A Limited Expansion Of Moral Rights For Composers, Cassidy Grunninger
Journal of Intellectual Property Law
No abstract provided.
Official Code, Locked Down: An Analysis Of Copyright As It Applies To Annotations Of State Official Codes, Shellea Diane Crochet
Official Code, Locked Down: An Analysis Of Copyright As It Applies To Annotations Of State Official Codes, Shellea Diane Crochet
Journal of Intellectual Property Law
No abstract provided.
Backing Down: Blurred Lines In The Standards For Analysis Of Substantial Similarity In Copyright Infringement For Musical Works, Nicholas Booth
Backing Down: Blurred Lines In The Standards For Analysis Of Substantial Similarity In Copyright Infringement For Musical Works, Nicholas Booth
Journal of Intellectual Property Law
No abstract provided.
Combating The Anti-Trade Movement: Evaluating The Trans-Pacific Partnership’S Place In International Patent Law, William G. Adams
Combating The Anti-Trade Movement: Evaluating The Trans-Pacific Partnership’S Place In International Patent Law, William G. Adams
Journal of Intellectual Property Law
No abstract provided.
Discouraging Frivolous Copyright Infringement Claims: Fee Shifting Under Rule 11 Or 28 U.S.C. § 1927 As An Alternative To Awarding Attorney’S Fees Under Section 505 Of The Copyright Act, David E. Shipley
Journal of Intellectual Property Law
The United States Supreme Court’s 2016 decision in Kirtsaeng v. John Wiley & Sons resolved a disagreement over when it is appropriate to award attorney’s fees to a prevailing defendant under section 505 of the Copyright Act, and ended a perceived venue advantage for losing plaintiffs in some jurisdictions. The Court ruled unanimously that courts are correct to give substantial weight to the question of whether the losing side had a reasonable case to fight, but that the objective reasonableness of that side’s position does not give rise to a presumption against fee shifting. It made clear that other factors …
Oracle V. Google And The Scope Of A Computer Program Copyright, Dennis S. Karjala
Oracle V. Google And The Scope Of A Computer Program Copyright, Dennis S. Karjala
Journal of Intellectual Property Law
No abstract provided.
Table Of Contents, Vol 24:1, Journal Of Intellectual Property Law
Table Of Contents, Vol 24:1, Journal Of Intellectual Property Law
Journal of Intellectual Property Law
No abstract provided.