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Articles 2161 - 2190 of 17124
Full-Text Articles in Intellectual Property Law
Sample-Based Hip-Hop Music And Fair Use Laws In The Age Of Streaming Services, Michael Vanbuhler
Sample-Based Hip-Hop Music And Fair Use Laws In The Age Of Streaming Services, Michael Vanbuhler
Senior Theses
This thesis takes an in depth look at the history and processes behind creating sample-based music. Sampling was popularized during the beginnings of hip-hop music and now a wide variety of genres use samples or techniques created by sample-based music. Early hip-hop beats took samples of drum breaks or a portion of a track from another artist or band. As hip-hop grew in the late 80s and early 90s, the use of samples became a question of intellectual property rights and if it was acceptable to sample someone’s copyrighted work. Lawsuits in the early 90’s helped to create new caselaw …
A Comparative Study Of Trademarks: Usmca (U.S.-Mexico-Canada Agreement) And Nafta (North American Free Trade Agreement), Roberto Rosas
A Comparative Study Of Trademarks: Usmca (U.S.-Mexico-Canada Agreement) And Nafta (North American Free Trade Agreement), Roberto Rosas
Faculty Articles
The definition of a trademark has expanded under the U.S. -Mexico-Canada Agreement ("USMCA "'), which provides more protection for rights holders. Currently, these three countries are bound by the North American Free Trade Agreement ("NAFTA"'), which has a narrow definition for trademarks. The North American Free Trade Agreement ("NAFTA"'), which came into effect on January 1, 1994, was a significant agreement between some of the largest, strongest, and well-developed economies in the world: United States and Canada. It also helped to invigorate Mexico's future economic development. NAFTA's broad purpose was to regulate the exchange of capital, goods, and services across …
Rejection Hurts: Trademark Licenses And The Bankruptcy Code, Amanda E. James
Rejection Hurts: Trademark Licenses And The Bankruptcy Code, Amanda E. James
Vanderbilt Law Review
Section 365 of the Bankruptcy Code empowers debtors to reject burdensome executory contracts. From 1988 until May 2019, the effect of such a rejection on trademark licenses was unclear. The Supreme Court’s recent decision in Mission Product Holdings, Inc. v. Tempnology, LLC settled the matter definitively: all rejections under § 365(g) operate exactly as a breach would outside the bankruptcy context. As such, if the trademark license would allow the licensee to continue using the mark after a breach, the licensee may continue to use the mark after a rejection. While this decision comports with the language of the Code …
Patenting New Uses For Old Inventions, Sean B. Seymore
Patenting New Uses For Old Inventions, Sean B. Seymore
Vanderbilt Law School Faculty Publications
A bedrock principle of patent law is that old inventions cannot be patented. And a new use for an old invention does not render the old invention patentable. This is because patent law requires novelty--an invention must be new. But while a new use for an old invention does not make the old invention patentable, the new use itself might be patentable. In fact, new-use patents comprise a significant part of the patent landscape-particularly in pharmaceuticals, when drug companies obtain new-use patents to repurpose old drugs. This trend has fueled debates over follow-on innovation and patent quality. But there is …
Pseudo-Gambling And Whaling: How Loot Boxes Pray On Vulnerable Populations And How To Curtail Future Predatory Behavior, Alexander Mann
Pseudo-Gambling And Whaling: How Loot Boxes Pray On Vulnerable Populations And How To Curtail Future Predatory Behavior, Alexander Mann
Washington Journal of Law, Technology & Arts
The video game industry has blossomed from a niche hobby into a mainstream cultural industry, outpacing global box office sales in annual revenue. Yet the price of a video game has barely increased since the industry’s inception, and the current standard price point of sixty dollars has survived for over a decade. Competitive market forces drive companies to invest ever more time and money into creating increasingly complex software in order to remain on the cutting edge of graphics and design, while simultaneously increasing revenue. Thus, video game developers and publishers have developed a multitude of alternative money- making services …
The International Intellectual Property Commercialization Council’S 3rd Annual U.S. Conference: The State Of Innovation In The Union, Neel U. Sukhatme, Paul R. Zielinski, G. Nagesh Rao, Pj Bellomo, Matthew Byers, Meghan Gaffney Buck, Everardo Ruiz
The International Intellectual Property Commercialization Council’S 3rd Annual U.S. Conference: The State Of Innovation In The Union, Neel U. Sukhatme, Paul R. Zielinski, G. Nagesh Rao, Pj Bellomo, Matthew Byers, Meghan Gaffney Buck, Everardo Ruiz
Georgetown Law Faculty Publications and Other Works
The International Intellectual Property Commercialization Council (“IIPCC”) presented its third annual policy conference at the United States Capitol on May 6, 2019. The conference’s theme explored the question of “what is the state of innovation in the United States?” Panelists included The Honorable Andrei Iancu – Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office; Dr. Carl J. Schramm – University Professor, Syracuse University and Former President of the Ewing Marion Kauffman Foundation; Mr. Patrick Kilbride – Senior Vice President of the Global Innovation Policy Center (“GIPC”) at the U.S. Chamber of …
(Trade)Mark America Great Again: Should Political Slogans Be Able To Receive Trademark Protection?, Katherine Kerrick
(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 …
End Notes, Sustainable Development Law & Policy
End Notes, Sustainable Development Law & Policy
Sustainable Development Law & Policy
No abstract provided.
State Preemption And Single Use Plastics: Is National Intervention Necessary?, Ethan D. King
State Preemption And Single Use Plastics: Is National Intervention Necessary?, Ethan D. King
Sustainable Development Law & Policy
No abstract provided.
The Right To Legally Sourced Lumber? How The Effective Enforcement Of The Lacey Act Is A U.S. Human Rights Obligation And Critical To Preventing Abuse In The Illegal Logging Industry, Melanie Hess
Sustainable Development Law & Policy
No abstract provided.
An Ace Up Their Sleeve Or A House Of Cards: Can The Epa's Affordable Clean Energy Rule Withstand Chevron Deference?, Shannon Zaret
An Ace Up Their Sleeve Or A House Of Cards: Can The Epa's Affordable Clean Energy Rule Withstand Chevron Deference?, Shannon Zaret
Sustainable Development Law & Policy
No abstract provided.
Lake Erie Bill Of Rights Gets The Ax: Is Legal Personhood For Nature Dead In The Water?, Devon Alexandra Berman
Lake Erie Bill Of Rights Gets The Ax: Is Legal Personhood For Nature Dead In The Water?, Devon Alexandra Berman
Sustainable Development Law & Policy
No abstract provided.
The Use Of The Regular Militaries For Natural Disaster Assistance: Climate Change And The Increasing Need For Changes To The Laws In The United States, China, Japan, The Philippines, And Other Countries, Donald D.A. Schaefer
Sustainable Development Law & Policy
No abstract provided.
Editor's Note, Brianna Delduca, Hannah Gardenswartz
Editor's Note, Brianna Delduca, Hannah Gardenswartz
Sustainable Development Law & Policy
No abstract provided.
End Notes, Sustainable Development Law & Policy
End Notes, Sustainable Development Law & Policy
Sustainable Development Law & Policy
No abstract provided.
How Syria's Failure To Uphold The Kyoto Protocol And Paris Agreement Exacerbated The Effects Of Climate Change In The Levant, Nivea A. Ohri
How Syria's Failure To Uphold The Kyoto Protocol And Paris Agreement Exacerbated The Effects Of Climate Change In The Levant, Nivea A. Ohri
Sustainable Development Law & Policy
No abstract provided.
Continuing A Broad Application Of Section 9 Of The Esa To Prevent Future Mass Extinctions, Alicia Martinez
Continuing A Broad Application Of Section 9 Of The Esa To Prevent Future Mass Extinctions, Alicia Martinez
Sustainable Development Law & Policy
No abstract provided.
Does Importing Endangered Species' Body Parts Help Conservation? Discretion To Import Trophies Under The Trump Administration, Brianna Marie
Does Importing Endangered Species' Body Parts Help Conservation? Discretion To Import Trophies Under The Trump Administration, Brianna Marie
Sustainable Development Law & Policy
No abstract provided.
Ferc Ruling Undermines Energy Federalism And Arbitrarily Targets Mid-Atlantic Region Renewables, Philip Killeen
Ferc Ruling Undermines Energy Federalism And Arbitrarily Targets Mid-Atlantic Region Renewables, Philip Killeen
Sustainable Development Law & Policy
No abstract provided.
Jam V. Ifc: One Step Forward, Two Steps Back?, Nicholas Johnson
Jam V. Ifc: One Step Forward, Two Steps Back?, Nicholas Johnson
Sustainable Development Law & Policy
No abstract provided.
Can The Expansion Of 45q Effectively Spur Investment In Carbon Capture?, Shannon Zaret
Can The Expansion Of 45q Effectively Spur Investment In Carbon Capture?, Shannon Zaret
Sustainable Development Law & Policy
No abstract provided.
No Take Backs: Presidential Authority And Public Land Withdrawls, Christian Termyn
No Take Backs: Presidential Authority And Public Land Withdrawls, Christian Termyn
Sustainable Development Law & Policy
No abstract provided.
Editor's Note, Nicole Waxman, Elizabeth Platt
Editor's Note, Nicole Waxman, Elizabeth Platt
Sustainable Development Law & Policy
No abstract provided.
End Notes, Sustainable Development Law & Policy
End Notes, Sustainable Development Law & Policy
Sustainable Development Law & Policy
No abstract provided.
Ban On Plastic Microbeads: Too Narrow, Or Just Narrow Enough?, Liz Michalowska
Ban On Plastic Microbeads: Too Narrow, Or Just Narrow Enough?, Liz Michalowska
Sustainable Development Law & Policy
No abstract provided.
Real Property Sublessors Escape Cercla Owner Liability In The Second Circuit, Alison Shlom
Real Property Sublessors Escape Cercla Owner Liability In The Second Circuit, Alison Shlom
Sustainable Development Law & Policy
No abstract provided.
Using Artificial Intelligence To Improve Data Accuracy Of Air Pollutants Under The Clean Air Act, Lauren Palley
Using Artificial Intelligence To Improve Data Accuracy Of Air Pollutants Under The Clean Air Act, Lauren Palley
Sustainable Development Law & Policy
No abstract provided.
Can Courts Stop Citizens From Prosecuting Criminal Cases Under The Clean Water Act?, Hannah Gardenswartz
Can Courts Stop Citizens From Prosecuting Criminal Cases Under The Clean Water Act?, Hannah Gardenswartz
Sustainable Development Law & Policy
No abstract provided.
A Pattern Of Ruling Against Mother Nature: Wildlife Species Cases Decided By Justice Kavanaugh, William J. Snape Iii
A Pattern Of Ruling Against Mother Nature: Wildlife Species Cases Decided By Justice Kavanaugh, William J. Snape Iii
Sustainable Development Law & Policy
No abstract provided.
Editor's Note, Nicole Waxman, Elizabeth Platt
Editor's Note, Nicole Waxman, Elizabeth Platt
Sustainable Development Law & Policy
No abstract provided.