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Articles 1 - 15 of 15
Full-Text Articles in Intellectual Property Law
The Patent Remedy Dynamic [Georgetown-Stanford Conference], Colleen Chien
The Patent Remedy Dynamic [Georgetown-Stanford Conference], Colleen Chien
Faculty Publications
Panel discussion on the NPEs, patent damages, including review of expert testimony, the effect of RAND and other policies on standard-setting cases at the ITC and in district courts, and other patent remedy issues.
The Scope Of Trademark Law In The Age Of The Brand Persona, Laura A. Heymann
The Scope Of Trademark Law In The Age Of The Brand Persona, Laura A. Heymann
Faculty Publications
No abstract provided.
A Name I Call Myself: Creativity And Naming, Laura A. Heymann
A Name I Call Myself: Creativity And Naming, Laura A. Heymann
Faculty Publications
In recent years, various disputes involving the use of creative works have demonstrated how trademark-related concerns lurk at the heart of what are ostensibly copyright-related claims. When recording artists such as Jackson Browne or the members of Heart object to the unauthorized use of their songs in connection with a political campaign, they are most likely not troubled about the loss of revenue resulting from the use; rather, they are likely concerned that the public will wrongly assume that the use of the song indicates that they have endorsed the political candidate. But because it is sometimes easier for them …
Regulatory And Judicial Implementations Of Patent Law Flexibilities, Sarah R. Wasserman Rajec
Regulatory And Judicial Implementations Of Patent Law Flexibilities, Sarah R. Wasserman Rajec
Faculty Publications
No abstract provided.
International Trademark Protection And Global Public Health: A Just-Compensation Regime For Expropriations And Regulatory Takings, Sam F. Halabi
International Trademark Protection And Global Public Health: A Just-Compensation Regime For Expropriations And Regulatory Takings, Sam F. Halabi
Faculty Publications
Lawmakers in developed and developing countries are expanding legal protections for trademarks – words, combinations of colors, signs, letters, numerals, figurative elements and designs meant to convey the origin and quality of firms’ goods or services. The purported rationales underlying trademark protection are promotion of competition and reduction of consumers’ information costs. Trademark law promotes competition by giving trademark holders an incentive to invest in the quality of goods or services and then associate that quality with a relatively easy-to-identify brand, mark or logo. The law punishes private actors who attempt to free-ride on the goodwill built by the trademark …
Tailoring Remedies To Spur Innovation, Sarah R. Wasserman Rajec
Tailoring Remedies To Spur Innovation, Sarah R. Wasserman Rajec
Faculty Publications
An emerging rule in the district courts—thus far endorsed by the United States Court of Appeals for the Federal Circuit—allows a victorious patent holder to receive a permanent injunction against an infringer if she is able to show that she has suffered a loss of market share due to the infringement. The larger the loss of market share the patent holder can prove, the more likely the court will issue an injunction. This “market share rule” is a response to the Supreme Court’s ruling in eBay Inc. v. MercExchange, L.L.C., exhorting lower courts to engage in equitable balancing before awarding …
Patent Insurance/Collective Approaches To Managing Patent Risk, Colleen Chien
Patent Insurance/Collective Approaches To Managing Patent Risk, Colleen Chien
Faculty Publications
No abstract provided.
The Ontological Function Of The Patent Document, Andrew Chin
The Ontological Function Of The Patent Document, Andrew Chin
Faculty Publications
With the passage and impending implementation of the “first-to-file” provisions of the America Invents Act of 2011, the U.S. patent system must rely more than ever before on patent documents for its own ontological commitments concerning the existence of claimed kinds of useful objects and processes. This Article provides a comprehensive description of the previously unrecognized function of the patent document in incurring and securing warrants to these ontological commitments, and the respective roles of legal doctrines and practices in the patent system’s ontological project. Among other contributions, the resulting metaphysical account serves to reconcile competing interpretations of the written …
Connecting Law And Creativity: The Role Of Lawyers In Supporting Creative And Innovative Economic Development, Amanda M. Spratley
Connecting Law And Creativity: The Role Of Lawyers In Supporting Creative And Innovative Economic Development, Amanda M. Spratley
Faculty Publications
This article explores multiple ways in which lawyers and the legal community can connect with arts-oriented and other creative businesses to both invigorate the experience of the lawyers offering assistance and highlight ways for the legal community to position itself as relevant and helpful in the new creative economy.
This article's discussion is directed to lawyers who wish to know more about the creative economy and their position within it, but may also be informative to artists and professionals in creative enterprises by highlighting some of the legal considerations that may affect them and examining ways that seeking legal assistance …
Speaking Of Moral Rights: A Conversation Between Eva E. Subotnik And Jane C. Ginsburg, Eva E. Subotnik, Jane C. Ginsburg
Speaking Of Moral Rights: A Conversation Between Eva E. Subotnik And Jane C. Ginsburg, Eva E. Subotnik, Jane C. Ginsburg
Faculty Publications
This piece is the transcription of a conversation between two law faculty members speaking about moral rights in the digital age. Prof. Subotnik questions Prof. Ginsburg about some of the legal and technological developments that have occurred since Prof. Ginsburg’s 2001 essay, Have Moral Rights Come of (Digital) Age in the United States?. "If moral rights have come of digital age, should their realization be achieved by conveying more information about the copy, or by controlling the copy itself?" This question is now asked from the vantage point of 2012, ten years since Prof. Ginsburg first posed it.
Accentuate The Normative: A Response To Professor Mckenna, Jeremy N. Sheff
Accentuate The Normative: A Response To Professor Mckenna, Jeremy N. Sheff
Faculty Publications
In his article, “A Consumer Decision-Making Theory of Trade-mark Law,” 98 Va. L. Rev. 67 (2012), Professor Mark McKenna makes two significant claims. The first is that the dominant Law and Economics theory of trademark law—the search-costs theory of the Chicago School—is in some way connected to recent undesirable expansions of trademark rights. The second is that a preferable theory of trademark law—one that would result in more tightly circumscribed and socially beneficial notions of trademark rights—would take consumer decision making, rather than search costs, as its guiding principle. I find myself sympathetic to these arguments, and yet I believe …
Value Divergence In Global Intellectual Property Law, J. Janewa Oseitutu
Value Divergence In Global Intellectual Property Law, J. Janewa Oseitutu
Faculty Publications
It is a challenge for the United States to adequately protect the interests of its intellectual property industries, especially when U.S. interests are not in line with the social, cultural, and economic goals of other nations. Yet, as a major exporter of intellectual property protected goods, the U.S. has an interest in negotiating effective international intellectual property agreements that are perceived to be legitimate by the state signatories and their constituents. Focusing on value divergence, this article contributes to the growing body of literature on developing a robust but flexible global intellectual property system, arguing that the trade-based approach to …
Veblen Brands, Jeremy N. Sheff
Veblen Brands, Jeremy N. Sheff
Faculty Publications
The subject of this Article is the legal regime that regulates the struggle for control of a luxury brand across various cross-cutting cleavages in American society—global competition over wealth and status. Rights under federal trademark law, whether asserted under statutory provisions relating to simple trademark infringement or the more specialized provisions relating to trademark counterfeiting, are grounded in the doctrine of post-sale confusion.
Post-sale confusion as a doctrine unto itself has received surprisingly little critical attention. What literature does exist either characterizes post-sale confusion as merely one example of broader trends in intellectual property, or else discusses the economic or …
Taxing Facebook Code: Debugging The Tax Code And Software, Xuan-Thao Nguyen, Jeffrey A. Maine
Taxing Facebook Code: Debugging The Tax Code And Software, Xuan-Thao Nguyen, Jeffrey A. Maine
Faculty Publications
This article sets out to analyze both intellectual property laws and tax systems as applied to software. The article also analyzes software within the intellectual property doctrinal framework, and examines both the federal and state tax systems governing software.
Fear And Loathing In Trademark Enforcement, Jeremy N. Sheff
Fear And Loathing In Trademark Enforcement, Jeremy N. Sheff
Faculty Publications
Much academic commentary these days concludes that trademark enforcement has become overly aggressive. Commentators argue that the increasingly expansive claims of rights by well-funded trademark owners are unreasonable, and thus that lawsuits asserting those rights amount to trademark bullying. But I think many, if not most, trademark practitioners would take the contrary view that enforcement can only barely keep up with the constantly evolving and worsening threats to their clients' brands, particularly internationally and online. The purpose of this Essay is to try and bridge these two positions by critiquing each one from the perspective of the other. The first …