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Intellectual Property Law Commons

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Articles 1 - 6 of 6

Full-Text Articles in Intellectual Property Law

State Regulation Of Keyword Advertising: A Lesson From The Utah Legislature, Mary Candice Barrett Sep 2016

State Regulation Of Keyword Advertising: A Lesson From The Utah Legislature, Mary Candice Barrett

Journal of Intellectual Property Law

No abstract provided.


Taking A Bite Out Of Michael Vick's Publicity Rights: An Analysis Of How Teh Right Of Publicity Should Be Treated After A Celebrity Is Convicted Of A Crime, Stephen Reginald Fowler Jun 2016

Taking A Bite Out Of Michael Vick's Publicity Rights: An Analysis Of How Teh Right Of Publicity Should Be Treated After A Celebrity Is Convicted Of A Crime, Stephen Reginald Fowler

Journal of Intellectual Property Law

No abstract provided.


First Steps In Building An Intellectual Property Program And Portfolio, Jeffrey D. Sullivan Jun 2016

First Steps In Building An Intellectual Property Program And Portfolio, Jeffrey D. Sullivan

Journal of Intellectual Property Law

No abstract provided.


An Alternate Functionality Reality, Harold R. Weinberg Jun 2016

An Alternate Functionality Reality, Harold R. Weinberg

Journal of Intellectual Property Law

The Supreme Court last addressed trade dress law’s functionality doctrine in TrafFix Devices, Inc. v. Marketing Displays, Inc. decided in 2001. This article applies content analysis to data from post-TrafFix functionality cases to provide insights concerning the functionality doctrine. It emphasizes data from cases concerning motions for summary judgment and preliminary injunction. The analysis employs two conceptual constructs: a “useful/aesthetic continuum” and “mixed-character” design features. The article also considers data in light of a “two-bar mandate” and two principles: “useful-scarcity” and “aesthetic-abundance.” It concludes with observations concerning the post-TrafFix functionality doctrine and suggestions for improving its judicial …


Placebo Patents: Creating Stronger Intellectual Property Protection For Pharmaceuticals Approved By The U.S. Food & Drug Administration, Sarah Renee Craig Mar 2016

Placebo Patents: Creating Stronger Intellectual Property Protection For Pharmaceuticals Approved By The U.S. Food & Drug Administration, Sarah Renee Craig

Journal of Intellectual Property Law

No abstract provided.


You Look Complicated Today: Representing An Illegal Graffiti Artist In A Copyright Infringement Case Against A Major International Retailer, John Eric Seay Feb 2016

You Look Complicated Today: Representing An Illegal Graffiti Artist In A Copyright Infringement Case Against A Major International Retailer, John Eric Seay

Journal of Intellectual Property Law

No abstract provided.