Intellectual Property Law Commons^™

Place Your Bets: The Legal Integration Of Sports Betting With Cryptocurrency, Andrew Topps

UNH Sports Law Review

No abstract provided.

Play Like A Girl, Get Paid Like A… Man?, Amanda M. Malool

UNH Sports Law Review

No abstract provided.

Change Is Growth: The Future Of The Ncaa And College Athletics, Conner Poulin

UNH Sports Law Review

No abstract provided.

Out Of Bounds? The Legal Implications Of The Emerging Rivalry Between Liv Golf And The Pga Tour, Michael Dube, Libba Galloway, Chantel Mccabe, Michael Mccann, Alan Milstein

UNH Sports Law Review

No abstract provided.

A Breakdown Of Where Nil Currently Stands, Justin Cavegn

UNH Sports Law Review

No abstract provided.

Measuring The Inventor's Contribution, Christopher S. Storm

The University of New Hampshire Law Review

All inventors should be compensated for the value of their contributions. Inventors contribute both to the patent system and to the technology commercialization process by providing access to a qualifying disclosure describing a qualifying idea. Yet today, a schism divides the patent world and the commercial world over the value of these inventive contributions. Unlike the commercial world, the patent world pays inventors for the contributions of noninventor technology commercialization roles. In particular, seminal reasonable royalty cases like Georgia-Pacific and TWM Manufacturing allow patentees to recover infringer profits and proxies thereof—in violation of congressional mandate and the Supreme Court’s opinion …

Electronic Arts’ College Videogames In The Name, Image, And Likeness Era, Ryan A. Buchanan

UNH Sports Law Review

No abstract provided.

Playing For Keeps: The Need For Name, Image, And Likeness Legislation To Ensure Representation For College Athletes, Campbell Flaherty

UNH Sports Law Review

No abstract provided.

The Concept Of Amateurism: How The Term Became Part Of The College Sport Vernacular, Robert J. Romano Esq.

UNH Sports Law Review

No abstract provided.

Editors' Foreword, Ryan A. Buchanan, Jacob M. Rocchi

UNH Sports Law Review

No abstract provided.

Table Of Contents, Editorial Board

UNH Sports Law Review

No abstract provided.

Masthead, Editorial Board

UNH Sports Law Review

No abstract provided.

Ruth Bader Ginsburg’S Copyright Jurisprudence, Ann Bartow, Ryan G. Vacca

Law Faculty Scholarship

[Excerpt} "When Justice Ruth Bader Ginsburg died on September 18, 2020, the world lost a trailblazer for gender equality, a pop culture icon, a feisty liberal luminary who fought on behalf of the disenfranchised in the areas of civil rights and social justice, and an inspiration to millions of people. She will long be remembered for the social changes she helped effectuate as an advocate, scholar, and jurist.

Her amazing civil rights legacy overshadows other areas where Justice Ginsburg’s contributions have been substantial. This Article discusses one of the most interesting: copyright law. During her time as a jurist on …

Encouraging Entrepreneurship And Innovation Through Regulatory Democratization, Seth C. Oranburg

Law Faculty Scholarship

[Excerpt] "Entrepreneurship provides a path to prosperity for many people. In particular, women and minorities prefer entrepreneurship as their path to achieve the American Dream. In their striving, their startups and small businesses benefit our entire society. Entrepreneurial innovation has a positive impact on social welfare. For these reasons, the federal government has implemented numerous policies designed to support small businesses and promote startup innovation."

(Trade)Mark America Great Again: Should Political Slogans Be Able To Receive Trademark Protection?, Katherine Kerrick

The University of New Hampshire Law Review

In late 2016, Donald Trump was granted trademark protection for his presidential campaign slogan, “Make America Great Again.” This registration is one of few—if not the only—political slogans registered as a trademark with the USPTO. Four years later, and four years after the completion of the presidential campaign which effectuated the slogan, the MAGA registration is still live and President Trump and his campaign committee continue to sell merchandise featuring the slogan prominently. However, looking at the applications and the evidence presented therein, it is not clear that the MAGA slogan constitutes a phrase worthy of trademark protection. This Note …

Investment In Latin America Will Limit Migration North, Ryan J. O'Riordan, Stanley P. Kowalski

Law Faculty Scholarship

The refugee crisis at the US Southern Border is due to multiple compounding factors: Latin America’s over-reliance on commodities, failure to economically diversify to innovation, and a lack of coherent US strategic engagement with the region. The situation is hemispheric; imploding states and a serious humanitarian calamity loom ever larger on the southern horizon. Since this represents a long-term problem requiring strategic and sustainable development initiatives, a new Alliance for Progress for the 21st Century is proposed which will build partnerships to advance innovation-driven development across the region.

Data Scams, Roger Allan Ford

Law Faculty Scholarship

Targeting platforms like Google and Facebook are usually seen as presenting tradeoffs between utility and privacy. This Article identifies and describes a different, non-privacy cost of targeting platforms: they make it easier for malicious actors to scam others. They do this by making it easier for scammers to reach the most promising victims, hide from law-enforcement authorities and others, and develop better scams. Technology offers potential solutions, since the same data and targeting tools that enable scams could help detect and prevent them, though neither platforms nor law-enforcement officials have both the incentives and expertise needed to develop and deploy …

Barbie In Bondage: What Orly Lobel's Book "You Don't Own Me: How Mattel V. Mga Entertainment Exposed Barbie's Dark Side" Tells Us About The Commoditization Of The Female Body, Ann Bartow

Law Faculty Scholarship

[excerpt] "This review essay reflects upon two of the central claims of [Orly Lobel's book] You Don't Own Me: first, that when companies put their energy and resources into intellectual property litigation rather than innovation, it is a strategy that is likely to fail; and second, that Barbie is a 'lead icon' in the disconnect between women pushing for general equality and those who prefer traditional gender roles for women."

Panel 2: Art Law And Blockchain, Tonya M. Evans, Derek Fincham, Katya Fisher, Jeanne L. Schroeder

Law Faculty Scholarship

Panel presentation on Art Law and Blockchain at 2019 AELJ Spring Symposium: Digital Art & Blockchain.

Establishing Appropriate Best Practices In Intellectual Property Management And Technology Transfer In The United Arab Emirates: Building Human Capital, Global Networks And Institutional Infrastructure To Drive Sustainable Knowledge-Based, Innovation-Driven Development, Stanley Kowalski

Law Faculty Scholarship

Best practices (BP) are integral to national and international IP law, practice, and management. For the United Arab Emirates (UAE) to build, foster, and sustain globally-networked knowledge-based, innovation-driven, economic development in the 21st century, a suite of internationally-standardized BP in intellectual property (IP) management, technology transfer and information analysis will be necessary. For the UAE, and the other GCC states, appropriate and applicable BP will be critical to diversify from commodity over-dependence (petroleum) towards nationally, regionally and globally interconnected innovation ecosystems. Therefore, strategically building human capital, institutions, institutional infrastructure and global networks which will be required for UAE to leapfrog …

3d Printing And U.S. Copyright Law, Ryan G. Vacca, Peter S. Menell

Law Faculty Scholarship

This article explores how 3D printing fits within US copyright law. US copyright law provides a well-developed general framework for the protection of creative designs, whether fixed in CAD files or 3D objects. Enforcement of copyright protection in this industry faces some of the same challenges encountered by other content industries whose works were disrupted by the digital revolution. Nonetheless, 3D printing brings distinctive issues. Although grounded in statute, US copyright law has a rich common law tradition that affords courts significant leeway in adapting doctrines to new and unforeseen technological developments. This capacity is reinforced by the range of …

The Federal Circuit As An Institution, Ryan G. Vacca

Law Faculty Scholarship

The Court of Appeals for the Federal Circuit is a unique institution. Unlike other circuit courts, the Federal Circuit’s jurisdiction is bound by subject area rather than geography, and it was created to address a unique set of problems specific to patent law. These characteristics have affected its institutional development and made the court one of the most frequently studied appellate courts. This chapter examines this development and describes the evolving qualities that have helped the Federal Circuit distinguish itself, for better or worse, as an institution.

This chapter begins with an overview of the concerns existing before creation of …

The Uneasy Case For Patent Federalism, Roger Allan Ford

Law Faculty Scholarship

Nationwide uniformity is often considered an essential feature of the patent system, necessary to fulfill that system’s disclosure and incentive purposes. In the last few years, however, more than half the states have enacted laws that seek to disrupt this uniformity by making it harder for patent holders to enforce their patents. There is an easy case to be made against giving states greater authority over the patent system: doing so would threaten to disrupt the system’s balance between innovation incentives and a robust public domain and would permit rent seeking by states that disproportionately produce or consume innovation.

There …

Tagmarks, Alexandra J. Roberts

Law Faculty Scholarship

From Kentucky Fried Chicken’s #HowDoYouKFC campaign to viral fundraiser #IceBucketChallenge to Instagram phenomenon #TBT, hashtags as trademarks — I call them “tagmarks” — are having a moment. Given the resources that brands invest in marketing via social media, and specifically in choosing and using hashtags, it’s not surprising that some players have begun to seek federal trademark registration for those hashtags. By the end of 2015, companies had successfully registered two hundred tagmarks and sought protection for over a thousand others; the US Trademark Office granted more tagmark registrations in that year than it did in every previous year combined. …

Antimicrobial Resistance (Amr) And Multidrug Resistance (Mdr): Overview Of Current Approaches, Consortia And Intellectual Property Issues, Andrew Jenner, Niresh Bhagwandin, Stanley P. Kowalski

Law Faculty Scholarship

The supply of new diagnostics and treatments is insufficient to keep up with the increase in antimicrobial resistance (AMR) and multidrug resistance (MDR) as older medicines are used more widely and microbes develop resistance to them. At the same time, significant quantities of antibiotics are used on patients and animals that do not need them, while others who do need them lack access.

Effective responses to AMR/MDR require effort by both the public and private sectors to develop and disseminate new diagnostics, vaccines and treatments on a global scale, as well as to adapt them to local needs. This calls …

Patent Law, Copyright Law, And The Girl Germs Effect, Ann Bartow

Law Faculty Scholarship

[Excerpt] "Inventors pursue patents and authors receive copyrights.

No special education is required for either endeavor, and nothing

precludes a person from being both an author and an inventor.

Inventors working on patentable industrial projects geared

toward commercial exploitation tend to be scientists or engineers.

Authors, with the exception of those writing computer code, tend

to be educated or trained in the creative arts, such as visual art,

performance art, music, dance, acting, creative writing, film

making, and architectural drawing. There is a well-warranted

societal supposition that most of the inventors of patentable

inventions are male. Assumptions about the genders …

Contextual Healing: What To Do About Scandalous Trademarks And Lanham Act 2(A), Megan M. Carpenter

Law Faculty Scholarship

Offensive trademarks have come to the forefront of trademark policy and practice in recent years. While it was once true that more attention had been paid to Lanham Act section 2(a) in the pages of law reviews than in the courts, recent prominent cases have focused attention on the ban on registration of offensive marks and the widespread impact of this ban on trademark owners.

In this Article, I answer the fundamental question: Given the problems that my previous research has identified, what should be done about the 2(a) bar on registration of scandalous trademarks? This Article argues, as a …

Authenticity Key To Success In Life And In Legal Information, Susan Drisko Zago

Law Faculty Scholarship

[Excerpt] "Authenticity is defined as something that is not false or an imitation. Savvy consumers pay a premium for an authentic product and treat with suspicion a product that does not ring true.

We have a system of trademark and copyright protections that protect a company’s intellectual property rights and brands and consumer protections to protect the consumer from counterfeit and unsafe products. Now, there is model legislation that will provide a systematic way to protect, preserve and provide better electronic access to the bread and butter of our legal profession: our official state legal documents."

The Patent Spiral, Roger Allan Ford

Law Faculty Scholarship

Examination — the process of reviewing a patent application and deciding whether to grant the requested patent — improves patent quality in two ways. It acts as a substantive screen, filtering out meritless applications and improving meritorious ones. It also acts as a costly screen, discouraging applicants from seeking low-value patents. Yet despite these dual roles, the patent system has a substantial quality problem: it is both too easy to get a patent (because examiners grant invalid patents that should be filtered out by a substantive screen) and too cheap to do so (because examiners grant low-value nuisance patents that …

Unh School Of Law Ip Library: 20th Anniversary Reflection On The Only Academic Ip Library In The United States, Jon R. Cavicchi

Law Faculty Scholarship

[Excerpt] The UNH School of Law Intellectual Property Library celebrates its twentieth anniversary this year. It is a fortuitous time for this look back and for strategic considerations for the future. This anniversary comes at a time in the history of legal education when conditions over the past few years have intensified the analysis of mission and resources for law school libraries. This article is a retrospective review of the history and dynamics surrounding the founding and first twenty years of growth. It is also an analysis of the future growth and mission of the IP Library during times that …