Open Access. Powered by Scholars. Published by Universities.®

Intellectual Property Law Commons

Open Access. Powered by Scholars. Published by Universities.®

14,462 Full-Text Articles 9,793 Authors 5,520,475 Downloads 183 Institutions

All Articles in Intellectual Property Law

Faceted Search

14,462 full-text articles. Page 1 of 430.

Barring Immoral Speech In Patent And Copyright, Ned Snow 2021 University of South Carolina School of Law

Barring Immoral Speech In Patent And Copyright, Ned Snow

SMU Law Review

In the past three years, the Supreme Court has twice ruled that Congress’s moral bars to trademark protection violate the First Amendment. Those rulings raise a simple question in other areas of intellectual property. Does the First Amendment preclude Congress from denying patent or copyright protection based on a moral reason? Congress, for instance, might deny patent protection for inventions directed toward the consumption of marijuana. Inventors would accordingly choose not to disclose knowledge about those inventions to the public, and the denial would chill their speech. Similarly, Congress would chill speech if it denied copyright protection for moral ...


The Customer Is Always Right: Trademark Law And Generic Website Names In U.S. Patent And Trademark Office V. Booking.Com B.V., Marina F. Rothberg 2021 Boston College Law School

The Customer Is Always Right: Trademark Law And Generic Website Names In U.S. Patent And Trademark Office V. Booking.Com B.V., Marina F. Rothberg

Boston College Law Review

In 2020, in U.S. Patent and Trademark Office v. Booking.com B.V., the Supreme Court clarified that the owner of a website with a descriptive domain name could trademark the name, even if it were styled “generic.com,” as long as it had acquired secondary meaning to consumers. Justice Breyer, in his dissent, vigorously argued that this ruling would limit competition. He claimed that allowing Booking.com to trademark its brand name, which contains terms that competitors use to describe similar business activities, would essentially be giving it a monopoly. This Comment supports the majority’s decision, as ...


Regulations For Smart Mobility: Proceed With Caution, Connor Saenz 2021 Southern Methodist University, Dedman School of Law

Regulations For Smart Mobility: Proceed With Caution, Connor Saenz

Science and Technology Law Review

No abstract provided.


Agriculture & Blockchain: Identifying Liability And Guaranteeing Quality, Morgan Crider 2021 Southern Methodist University, Dedman School of Law

Agriculture & Blockchain: Identifying Liability And Guaranteeing Quality, Morgan Crider

Science and Technology Law Review

No abstract provided.


Gotta Catch ‘Em All! The Rise Of Esports And The Evolution Of Its Regulations, Elizabeth Chung 2021 Southern Methodist University, Dedman School of Law

Gotta Catch ‘Em All! The Rise Of Esports And The Evolution Of Its Regulations, Elizabeth Chung

Science and Technology Law Review

No abstract provided.


The Case For Dhs To Classify The Internet Of Things As Critical Infrastructure In The United States, Jessica G. Martz 2021 Southern Methodist University

The Case For Dhs To Classify The Internet Of Things As Critical Infrastructure In The United States, Jessica G. Martz

Science and Technology Law Review

No abstract provided.


Driverless Cars And Resource Allocation, Jeff Daniel Clark 2021 J. Daniel Clark Attorney at Law

Driverless Cars And Resource Allocation, Jeff Daniel Clark

Science and Technology Law Review

No abstract provided.


Front Matter, 2021 Southern Methodist University

Front Matter

Science and Technology Law Review

No abstract provided.


To Fee Or Not To Fee: The Availability Of Attorney’S Fees In Declaratory Relief Actions For Copyright Abandonment Under The Copyright Act, Katherine Goetz 2021 Boston College Law School

To Fee Or Not To Fee: The Availability Of Attorney’S Fees In Declaratory Relief Actions For Copyright Abandonment Under The Copyright Act, Katherine Goetz

Boston College Law Review

On May 13, 2020, in Doc’s Dream, LLC v. Dolores Press, Inc., the U.S. Court of Appeals for the Ninth Circuit held that a court has discretion under § 505 of the Copyright Act to award reasonable attorney’s fees in declaratory relief actions for copyright abandonment. In this matter of first impression, the Ninth Circuit reversed the U.S. District Court for the Central District of California’s holding that a declaratory relief action for copyright abandonment does not invoke the fee-shifting provision under the Copyright Act. This Comment argues that the Ninth Circuit’s holding appropriately reflects ...


Digital Health Passes In The Age Of Covid-19: Are “Vaccine Passports” Lawful And Ethical?, Lawrence O. Gostin, I. Glenn Cohen, Jana Shaw 2021 Georgetown University - Law Center - O'Neill Institute for National and Global Health Law

Digital Health Passes In The Age Of Covid-19: Are “Vaccine Passports” Lawful And Ethical?, Lawrence O. Gostin, I. Glenn Cohen, Jana Shaw

Georgetown Law Faculty Publications and Other Works

As COVID-19 vaccination rates in high-income countries increase, governments are proposing or implementing digital health passes (DHPs) (vaccine “passports” or “certificates”). Israel uses a “green pass” smartphone application permitting vaccinated individuals’ access to public venues (eg, gyms, hotels, entertainment). The European Union plans a “Digital Green Certificate” enabling free travel within the bloc (see eTable in the Supplement). New York is piloting an IBM “Excelsior Pass,” confirming vaccination or negative SARS-CoV-2 test status through confidential data transfers to fast-track business reopenings. This paper examines the benefits of DHPs, scientific challenges, and whether they are lawful and ethical.


Barnet As Tr. Of 2012 Saretta Barnet Revocable Tr. V. Ministry Of Culture & Sports Of The Hellenic Republic, 961 F.3d 193 (2d Cir. 2020), Meghan Jackson 2021 DePaul University College of Law

Barnet As Tr. Of 2012 Saretta Barnet Revocable Tr. V. Ministry Of Culture & Sports Of The Hellenic Republic, 961 F.3d 193 (2d Cir. 2020), Meghan Jackson

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Fighting To Protect Individual Privacy In A Rapidly Advancing Technological World, Farzana Ahmed 2021 DePaul University College of Law

Fighting To Protect Individual Privacy In A Rapidly Advancing Technological World, Farzana Ahmed

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


The Nflpo: The Nfl's Private Patent Office, Paul Fina 2021 DePaul University College of Law

The Nflpo: The Nfl's Private Patent Office, Paul Fina

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Ex Ante Intellectual Property Considerations For Small Businesses, Jason A. Sanders 2021 DePaul University College of Law

Ex Ante Intellectual Property Considerations For Small Businesses, Jason A. Sanders

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Revitalizing Language Through Education: Ireland's Use Of International Law To Drive Linguistic Preservation, Emma A. O'Connell 2021 DePaul University College of Law

Revitalizing Language Through Education: Ireland's Use Of International Law To Drive Linguistic Preservation, Emma A. O'Connell

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


The Data Privacy Landscape During Covid-19: An Exploration Of Some Of The Major Data Privacy Regulations And Trends, Gitanjali Deb 2021 DePaul University

The Data Privacy Landscape During Covid-19: An Exploration Of Some Of The Major Data Privacy Regulations And Trends, Gitanjali Deb

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


The Civil Protection Of Artistic Classifications Under The Jordanian And Comparative Law, ghazi abu orabi 2021 United Arab Emirates University

The Civil Protection Of Artistic Classifications Under The Jordanian And Comparative Law, Ghazi Abu Orabi

Journal Sharia and Law

The Jordanian Copy right Law No. (22) of 1992, modified under the Law No. (14) of 1998, organized the legal protection of literary, scientific, and artistic classifications. This protection is either criminal or civil. However, the Jordanian legislator did not specify the features of the civil protection of artistic classifications. Instead, he mixed between the civil protection and the criminal protection, especially with regard to seizing or damaging the trespassed classification and the illegal copies of it.

This study, therefore, only focuses on the artistic classifications to specify the features of the civil protection of such classifications through studying and ...


Protecting The First Amendment Rights Of Video Games From Lanham Act And Right Of Publicity Claims, Yen-Shyang Tseng 2021 Pepperdine University

Protecting The First Amendment Rights Of Video Games From Lanham Act And Right Of Publicity Claims, Yen-Shyang Tseng

Pepperdine Law Review

In 2013 and 2015, the Ninth Circuit decided two nearly identical cases in which professional football players alleged a video game publisher used their likenesses without authorization in a game that simulates real football games. One plaintiff brought a false endorsement claim under the Lanham Act, while others brought state law right of publicity claims. That made all the difference. The Ninth Circuit found the First Amendment protected the game against the false endorsement claim, but not against the right of publicity claims. These contradictory results stem from court’s application of the Rogers v. Grimaldi test to Lanham Act ...


Table Of Contents, Ashley Stoll 2021 University of Washington School of Law

Table Of Contents, Ashley Stoll

Washington Journal of Law, Technology & Arts

No abstract provided.


Digital Contract Tracing In The Workplace, Alexandra Kiosse 2021 Fordham University School of Law

Digital Contract Tracing In The Workplace, Alexandra Kiosse

Washington Journal of Law, Technology & Arts

The COVID-19 pandemic has affected the way businesses run and operate in the United States. With the dire need to keep employees safe, digital contact tracing has become the most efficient mechanism for controlling the spread of the virus within places of employment. However, information privacy laws come into tension with the use of employee health data by employers and third parties. This Article proposes a careful balance between contact tracing and maintaining employees’ privacy as they share health and proximity data with digital contact tracing applications in the workplace.


Digital Commons powered by bepress