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The Ftc And Ai Governance: A Regulatory Proposal, Michael Spiro 2020 Seattle University School of Law

The Ftc And Ai Governance: A Regulatory Proposal, Michael Spiro

Seattle Journal of Technology, Environmental & Innovation Law

No abstract provided.


Cybersecurity-Corporate Espionage, Amy J. Ramson 2020 CUNY Hostos Community College

Cybersecurity-Corporate Espionage, Amy J. Ramson

Open Educational Resources

The goals of this team activity in the area of criminal law, cybersecurity and cyber crime are to facilitate team work, critical thinking and presentation skills. Students will be grouped into two teams. As a team, they will analyze cases about corporate espionage committed by nation states and industry competitors through the questions presented in the activity. They will present their analysis to the class.


Masthead, 2020 University of California, Hastings College of the Law

Masthead

Hastings Communications and Entertainment Law Journal

No abstract provided.


Going “All In” After Murphy V. Ncaa: An Approach For California To Legalize Sports Gambling, Kailey J. Walsh 2020 University of California, Hastings College of the Law

Going “All In” After Murphy V. Ncaa: An Approach For California To Legalize Sports Gambling, Kailey J. Walsh

Hastings Communications and Entertainment Law Journal

When people think of sports gambling, they think of Las Vegas. Until recently, Nevada was the only state where one could legally place bets on sporting events. However, since the recent Supreme Court decision, Murphy v. NCAA, states are now in control when it comes to deciding whether or not to legalize sports gambling. As a result of the Murphy v. NCAA decision, some states have started to pass legislation to allow its citizens to legally place bets on certain sporting events. The driving force to legalize sports gambling stems from states’ desires to increase revenue through the taxation of ...


This Is No Laughing Matter: How Should Comedians Be Able To Protect Their Jokes?, Sarah Gamblin 2020 University of California, Hastings College of the Law

This Is No Laughing Matter: How Should Comedians Be Able To Protect Their Jokes?, Sarah Gamblin

Hastings Communications and Entertainment Law Journal

This note will discuss the current state of protection for jokes and comedy. As it is now, the only protection comics have is self-help, meaning comedians take punishing thefts into their own hands. This note will dive into the reasons why the current legislature and courts refuse to recognize jokes as copyrightable. Specifically, why many believe that jokes to not meet the qualifications of being an expression, as well as the fear that protecting jokes will lead to chilled speech.

Additionally, this note shall discuss the ways jokes could be protected under the current legal scheme, including trademark and state ...


Leveraging The Ilo For Human Rights And Workers’ Rights In International Sporting Events, Dantam Le 2020 University of California, Hastings College of the Law

Leveraging The Ilo For Human Rights And Workers’ Rights In International Sporting Events, Dantam Le

Hastings Communications and Entertainment Law Journal

Sports majorly impact the world, and millions of fans from all over the globe rally together with pride to watch their countries compete on the world’s stage in international sporting events such as the Olympic Games and the World Cup. Studies suggest that mega sporting events help host cities gain an influx of resources from the central government relative to non-host cities in the same country, and that this may be particularly important in periods of economic recession and resource scarcity. Sports play a central role in quality education for all, and sports have been found to advance public ...


The Shield And The Sword: The Press Between The Public Interest And The Illegal Interception Of Private Communications, Andres Calderon 2020 University of California, Hastings College of the Law

The Shield And The Sword: The Press Between The Public Interest And The Illegal Interception Of Private Communications, Andres Calderon

Hastings Communications and Entertainment Law Journal

Journalism is not only under the attack of fake news and post-truth politics. Its main enemy comes from within. Malpractices of journalism such as the fabrication of sources and fake stories and illegal intrusion in people’s privacy are part of the equation that leads to people’s distrust in news organization.

This article addresses two very related topics that, nevertheless, have not been sufficiently studied as part of the same phenomenon: the reporter’s privilege to protect his sources’ identity and its connection with a journalist’s involvement in the illegal hacking or interception of private communications.

After reviewing ...


Measuring Trademark Dilution By Tarnishment, Suneal Bedi, David Reibstein 2020 Maurer School of Law - Indiana University, Indiana University

Measuring Trademark Dilution By Tarnishment, Suneal Bedi, David Reibstein

Indiana Law Journal

The law of trademark tarnishment—a type of trademark dilution—is in disarray. The

basic definition is deceptively simple. Trademark tarnishment occurs when a junior

mark harms the reputation of a substantially similar existing senior trademark by

associating itself with something perverse or deviant. However, it turns out that

Congress and the courts disagree over the prima facie evidence necessary to prove

its existence. The problem is that federal law and related legal principles are simply

ill-equipped to adequately analyze this unique market-driven doctrine. To make

matters worse, legal scholars cannot even agree on whether trademark tarnishment

can empirically exist ...


When Standards Collide With Intellectual Property: Teaching About Standard Setting Organizations, Technology, And Microsoft V. Motorola, Cynthia L. Dahl 2020 University of Pennsylvania Law School

When Standards Collide With Intellectual Property: Teaching About Standard Setting Organizations, Technology, And Microsoft V. Motorola, Cynthia L. Dahl

IP Theory

No abstract provided.


Automated Copyright Enforcement Online: From Blocking To Monetization Of User-Generated Content, Henning Grosse Ruse-Khan 2020 American University Washington College of Law

Automated Copyright Enforcement Online: From Blocking To Monetization Of User-Generated Content, Henning Grosse Ruse-Khan

Joint PIJIP/TLS Research Paper Series

Global platforms such as YouTube, Facebook, Instagram or TikTok live on users ‘freely’ sharing content, in exchange for the data generated in the process. Many of these digital market actors nowadays employ automated copyright enforcement tools, allowing those who claim ownership to identify matching content uploaded by users. While most debates on state-sanctioned platform liability and automated private ordering by platforms has focused on the implications of user generated content being blocked, this paper places a spotlight on monetization. Using YouTube’s Content ID as principal example, I show how monetizing user content is by far the norm, and blocking ...


Williams V. Gaye: Further Blurring The Lines Between Inspiration And Infringement, Alyssa Chavers 2020 Golden Gate University School of Law

Williams V. Gaye: Further Blurring The Lines Between Inspiration And Infringement, Alyssa Chavers

Golden Gate University Law Review

Part I of this Note outlines the factual and procedural history of Williams and discusses the Ninth Circuit’s analysis in its first and second opinions. Part II discusses the historical background of copyright law in the United States, namely the Copyright Act of 1909 and the Copyright Act of 1976. Additionally, this section explains the structure of a music copyright infringement suit, including the elements required to make a successful infringement claim.

Part III argues why courts should presume access in music copyright infringement cases, and subsequently, abandon the inverse-ratio rule. The inverse-ratio rule should be abandoned because people ...


Against Progress: Interventions About Equality In Supreme Court Cases About Copyright Law, Jessica Silbey 2020 Northeastern University School of Law

Against Progress: Interventions About Equality In Supreme Court Cases About Copyright Law, Jessica Silbey

Chicago-Kent Journal of Intellectual Property

Despite expanding scope and the rise of “more” intellectual property, Against Progress demonstrates that turn-of-the century intellectual property practice challenges the “progress as more” paradigm. Through various methodological interventions – close reading of cases, doctrinal analysis, and various qualitative empirical methods – Against Progress demonstrates how contemporary accounts of intellectual property are not primarily anchored by claims of “more” or in economic growth terms. Instead, creative and innovative practices (and disputes concerning them) revolve around adjacent values and principles central to our constitutional system such as equality, privacy, and community or general welfare.


Renegade Riders And The Marks They Love: Can The Government Tear That Patch Right Off Your Leather Jacket?, Angela M. Nieves 2020 St. Thomas University School of Law

Renegade Riders And The Marks They Love: Can The Government Tear That Patch Right Off Your Leather Jacket?, Angela M. Nieves

Chicago-Kent Journal of Intellectual Property

Trademarks have been in use for thousands of years, for as long as people have used symbols to designate the ownership or origin of their goods. From ancient merchants marking their pottery, to ranchers branding their cattle, to medieval guild members displaying a common mark, the use of symbols to identify and distinguish oneself and one’s property is a practice that far outdates the laws created to regulate such symbols. The earliest legal recognition of trademarks did not come about until the late sixteenth century; in the United States, federal trademark laws were not passed until the late nineteenth ...


Aesthetic Functionality At A Crossroads: What A Troublesome Doctrine Can Learn From Its Past, Xiaoren Wang 2020 European University Institute

Aesthetic Functionality At A Crossroads: What A Troublesome Doctrine Can Learn From Its Past, Xiaoren Wang

Chicago-Kent Journal of Intellectual Property

With the rise of branding and marketing, firms started using trade dress such as product features or packages to identify themselves. Some firms claim an exclusive trademark right on their trade dress. However, granting a trademark right to some trade dresses might hinder competition. For example, if one firm claims trademark on the heart-shaped candy box, it will prevent others from using the same package to compete in the Valentine’s Day sweets market. So U.S. courts developed a doctrine called aesthetic functionality to avoid the competition hindrance consequence. Aesthetic functionality refers to the situation where a trade dress ...


Ai Patents: A Data Driven Approach, Brian S. Haney 2020 Notre Dame Law School

Ai Patents: A Data Driven Approach, Brian S. Haney

Chicago-Kent Journal of Intellectual Property

While artificial intelligence (AI) research brings challenges, the resulting systems are no accident. In fact, academics, researchers, and industry professionals have been developing AI systems since the early 1900s. AI is a field uniquely positioned at the intersection of several scientific disciplines including computer science, applied mathematics, and neuroscience. The AI design process is meticulous, deliberate, and time-consuming – involving intensive mathematical theory, data processing, and computer programming. All the while, AI’s economic value is accelerating. As such, protecting the intellectual property (IP) springing from this work is a keystone for technology firms acting in competitive markets.


The Eleventh Auer: The Effect Of Kisor V. Wilkie On Rulemaking And Adjudication At The United States Patent And Trademark Office, Andrew Schneider, Jonathan Stroud 2020 Unified Patents

The Eleventh Auer: The Effect Of Kisor V. Wilkie On Rulemaking And Adjudication At The United States Patent And Trademark Office, Andrew Schneider, Jonathan Stroud

Chicago-Kent Journal of Intellectual Property

Courts have long deferred to an agency’s interpretation of an ambiguous rule or statute, in light of the agency’s relevant technical expertise. But some judges prefer that Article III courts review everything; and deferring often involves relying on an agency’s interpretation of a genuinely ambiguous statute—the oft-discussed Chevron deference doctrine. This Article analyzes the more nuanced Auer deference, where a court defers to an agency’s later interpretation of its own ambiguous rule or regulation. Recently, the Supreme Court took and decided Kisor v. Wilkie, which dramatically modified the Auer doctrine. While Kisor appealed a claim ...


Expert Discovery Protections: Comparing District Courts With The Ptab, Blaine M. Hackman, Vi T. Tran, Katherine A. Helm 2020 Dechert LLP

Expert Discovery Protections: Comparing District Courts With The Ptab, Blaine M. Hackman, Vi T. Tran, Katherine A. Helm

Chicago-Kent Journal of Intellectual Property

Expert witness testimony can be critical in patent litigation in all forums. In Patent Trial and Appeal Board (“PTAB”) proceedings, particularly inter partes review (“IPR”) and post-grant review (“PGR”), expert testimony through declarations and depositions plays a central role in both challenging and defending patents. In district courts, live expert testimony is key to proving infringement and invalidity. Accordingly, the legal protections governing the disclosure of expert testimony in discovery in both forums are carefully proscribed, but with notable distinctions.


Ranking Parallel Petitions Before The Ptab: A Survey, Monica Grewal, Heather Petruzzi, Wenli Gu PhD 2020 Wilmer Cutler Pickering Hale and Dorr LLP

Ranking Parallel Petitions Before The Ptab: A Survey, Monica Grewal, Heather Petruzzi, Wenli Gu Phd

Chicago-Kent Journal of Intellectual Property

To understand the trends in recent ranking practice, this article an-alyzes a subset of ranked parallel petitions that received an institution decision before or on February 20, 2020. Using a search filter in Docket Navigator to locate multiple petitions challenging the same pa-tent, the authors identified 39 occurrences of ranked parallel petitions that challenge the same claims of the same patents, as well as 2 occur-rences of ranked parallel petitions that challenge different claims of the same patent.


Unfettered Discretion: A Closer Look At The Board's Discretion To Deny Institution, Joel D. Sayres, Reid E. Dodge 2020 Faegre Drinker Biddle & Reath LLP

Unfettered Discretion: A Closer Look At The Board's Discretion To Deny Institution, Joel D. Sayres, Reid E. Dodge

Chicago-Kent Journal of Intellectual Property

To ensure that the doorway to IPRs was not limitless, Congress de-lineated a specific threshold before a trial could be instituted. That threshold is set forth in 35 U.S.C. § 314(a), which provides that IPR may not be instituted unless the petition “shows that there is a reasonable likelihood that the petitioner would prevail with respect to at least 1 of the claims challenged in the petition.” However, the Board has increas-ingly identified circumstances in which it will not institute IPR, even where a petitioner satisfies this statutory threshold. Indeed, the Board has seemingly adopted the view that ...


Post-Ait Review Of Real Party In Interest Decisions, Stephanie M. Brooker, Robert Breetz, Matthew Johnson, Thomas Ritchie 2020 Jones Day

Post-Ait Review Of Real Party In Interest Decisions, Stephanie M. Brooker, Robert Breetz, Matthew Johnson, Thomas Ritchie

Chicago-Kent Journal of Intellectual Property

Throughout the Patent Trial and Appeal Board’s (“PTAB”) history, patent owners have tried to leverage a petitioner’s alleged failure to name all real parties-in-interest (“RPIs”) as a way to achieve denial of an inter partes review (“IPR”) petition or trial termination. The effectiveness of those efforts has ebbed and flowed. Initially, some PTAB panels viewed naming of RPIs as a jurisdictional requirement, concluding that RPI-naming errors were not fixable after the 35 U.S.C. § 315(b) one-year bar. Petitioners could lose their petition filing date based on RPI missteps, resulting in then untimely petitions. Later decisions backed ...


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