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- Copyright law; substantial similarity; circuit split; architecture; architectural work; architectural works; copyright infringement; copyright; Architectural Works Copyright Protection Act (1)
- Intellectual property rights; IP; trade shows; temporary restraining order; TRO; alternative dispute resolution; injunctive relief; U.S. District Court; District of Nevada; Las Vegas; eBay v. MercExchange; infringer; infringement (1)
Articles 1 - 2 of 2
Full-Text Articles in Intellectual Property Law
A Half-Built House: The Substantial Similarity Analysis Split In Architectural Copyright Infringement Cases, Madison V. Smiley
A Half-Built House: The Substantial Similarity Analysis Split In Architectural Copyright Infringement Cases, Madison V. Smiley
Brooklyn Law Review
The path to extending copyright protection to architectural works in the United States has not come without its challenges, especially as the federal courts continue to muddle through complicated and varying case law to determine whether architectural works infringement has occurred in a given dispute. Applying a uniform approach to analyze substantial similarity in a way that effectively protects architectural works across the federal circuits is necessary to fulfill the legislative intent and the constitutional intent of copyright protection. Likewise, a uniform approach will clarify the level of copyright protection that architectural works are permitted to receive in the United …
Temporary Restraining Orders To Enforce Intellectual Property Rights At Trade Shows: An Empirical Study, Marketa Trimble
Temporary Restraining Orders To Enforce Intellectual Property Rights At Trade Shows: An Empirical Study, Marketa Trimble
Brooklyn Law Review
Infringements of intellectual property (IP) rights by exhibitors at trade shows (also called trade fairs or exhibitions), such as infringements committed through exhibitions of or offers to sell infringing products, can be extremely damaging to IP right owners because of the wide exposure that trade shows provide for infringing IP; the promotion of the infringing IP and the contacts made by infringers at trade shows can facilitate further infringements after a trade show that can be very difficult for IP right owners to prevent. IP right owners therefore seek to obtain emergency injunctive relief to stop trade show infringements immediately—if …