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Weird Science! It’S My Creation . . . Is It Really? Or: Crafting A New Universal Trademark Standard For User-Created Avatars, Ryan Esparza 2018 Pace University

Weird Science! It’S My Creation . . . Is It Really? Or: Crafting A New Universal Trademark Standard For User-Created Avatars, Ryan Esparza

Pace Intellectual Property, Sports & Entertainment Law Forum

In modern trademark law the process of registering a valid trademark is straightforward. In the United States the Lanham Act is the ruling law of trademark law. The Lanham Act grants protection to the owner of a registered mark which is distinctive and used in commerce. Assuming all the requirements are met, the owner of a mark can use the mark within its discretion and enjoy the protection under the Lanham Act. As trademark law has continued to evolve, the law has expanded to protect previously unforeseen categories. The two most obvious examples which demonstrate the evolution of protection under ...


Fair Use And First Amendment: Without Fair Use, What Would You Freely Speak About?, Adam Blaier 2018 Pace University

Fair Use And First Amendment: Without Fair Use, What Would You Freely Speak About?, Adam Blaier

Pace Intellectual Property, Sports & Entertainment Law Forum

The question this paper tries to answer is: Without fair use, what would you freely speak about? This paper will seek to demonstrate that the Copyright Clause’s Fair Use doctrine, and the First Amendment are cousins who help each other, rather than enemies sworn to destroy each other as some believe. First I will give a brief overview and history of each doctrine. Next I will speak about three areas where I believe fair use and the First Amendment cross paths extensively. These areas are: (1) school/education; (2) social media and news; and (3) sports images/broadcasting. Finally ...


Mechanical Timepieces & Intellectual Property Protection, Nicholas Douglas 2018 Pace University

Mechanical Timepieces & Intellectual Property Protection, Nicholas Douglas

Pace Intellectual Property, Sports & Entertainment Law Forum

This article is meant to give you a basic understanding of mechanical timepieces—not just what they are, but how they are different from one another and why that difference is significant. Watches themselves do not need an introduction; they are ubiquitous and have withstood the peaks and troughs of social inequality and have persisted as a commonality between the rich, the poor and the middleclass since the beginning of their mass production in the 19th century. I focus here on the history of watches within the United States because, ultimately, this is a discussion of their legal protection under ...


Brandright, Jessica M. Kiser 2018 Gonzaga University

Brandright, Jessica M. Kiser

Arkansas Law Review

Trademark law is guilty of overprotection. This overprotection pits both a company’s in-house attorneys against its own marketing professionals and the company itself against its most loyal customers. The result appears illogical, at best, to consumers witnessing the effects of this clash between a company’s marketing needs and perceived legal requirements.


Contents, 2018 The Catholic University of America, Columbus School of Law

Contents

Catholic University Journal of Law and Technology

No abstract provided.


Masthead, 2018 The Catholic University of America, Columbus School of Law

Masthead

Catholic University Journal of Law and Technology

No abstract provided.


Trademark Issues Relating To Digitalized Flavor, John T. Cross 2018 University of Louisville School of Law

Trademark Issues Relating To Digitalized Flavor, John T. Cross

Yale Journal of Law and Technology

Over the past three decades, most people have become accustomed to dealing with music, film, photography, and other expressive media stored in digital format. However, while great strides have been made in digitalizing what we see and hear, there has been far less progress in digitalizing the other senses. This lack of progress is especially evident for the chemical senses of smell and taste. However, all this may soon change. Recently, several groups of researchers have commenced various projects that could store odors and flavors in a digital format, and replicate them for humans.


Block-By-Block: Leveraging The Power Of Blockchain Technology To Build Trust And Promote Cyber Peace, Scott J. Shackelford, Steve Myers 2018 Yale Law School

Block-By-Block: Leveraging The Power Of Blockchain Technology To Build Trust And Promote Cyber Peace, Scott J. Shackelford, Steve Myers

Yale Journal of Law and Technology

There has been increasing interest in the transformative power of not only crypto-currencies like Bitcoin, but also the technology underlying them-namely blockchain. To the uninitiated, a blockchain is a sophisticated, distributed online ledger that has the potential, according to Goldman Sachs, to "change 'everything."' From making businesses more efficient to recording property deeds to engendering the growth of 'smart' contracts, blockchain technology is now being investigated by a huge range of organizations and is attracting billions in venture funding. Even the U.S. Defense Advanced Research Projects Agency (DARPA) is investigating blockchain technology to "create an unhackable messaging system."


Whose Song Is That? Searching For Equity And Inspiration For Music Vocalists Under The Copyright Act, Tuneen E. Chisolm 2018 University of Pennsylvania Law School

Whose Song Is That? Searching For Equity And Inspiration For Music Vocalists Under The Copyright Act, Tuneen E. Chisolm

Yale Journal of Law and Technology

This article examines some of the inherent inequities that

exist for music vocalists under the United States Copyright Act and related music industry practices, due to the limited scope of protection given to sound recordings and the absence of an express inclusion of nondramatic music performance as a protected work under Section 102(a). It argues for expansion of the rights afforded to include, for music vocalists with respect to nondramatic works, an inalienable copyright, separate from the sound recording copyright, based upon a sole right of authorship in their performance as an applied composition, once fixed. It also argues ...


Social Media Searches And The Reasonable Expectation Of Privacy, Brian Mund 2018 Yale Law School

Social Media Searches And The Reasonable Expectation Of Privacy, Brian Mund

Yale Journal of Law and Technology

Under existing law, social media information communicated through behind password -protected pages receives no reasonable expectation of privacy. The Note argues that the Fourth Amendment requires a greater degree of privacy protection for social media data. Judicial and legislative activity provides indicia of a willingness to reconsider citizens' reasonable expectation of privacy and reverse an anachronistic equation of privacy with secrecy.
Government monitoring of private social media pages constitutes a deeply invasive form of surveillance and, if government agents employ covert tactics to gain access to private social media network s, then the Fourth Amendment controls government use of that ...


Don't Fence Me In: Reforming Trade And Investment Law To Better Facilitate Cross-Border Data Transfer, Andrew D. Mitchell, Jarrod Hepburn 2018 Professor, Melbourne Law School, University of Melbourne

Don't Fence Me In: Reforming Trade And Investment Law To Better Facilitate Cross-Border Data Transfer, Andrew D. Mitchell, Jarrod Hepburn

Yale Journal of Law and Technology

The transfer of data across borders support s trade in most service industries around the world as well as the growth of traditional manufacturing sectors. However, several countries have begun to adopt laws impeding the cross-border transfer of data, ostensibly in pursuit of policy objectives such as national security, public morals or public order, and privacy. Such domestic measures create potential concerns under both international trade law and international investment law. Accordingly, recent trade and investment negotiations such as the Trans-Pacific Partnership Agreement (TPP) include specific provisions mandating the permissibility of cross-border data transfer and prohibiting data localization in certain ...


Tackling The Algorithmic Control Crisis -The Technical, Legal, And Ethical Challenges Of Research Into Algorithmic Agents, B. Bodo, N Helberger, K Irion, K Zuiderveen Borgesius, J Moller, B van de Velde, N Bol, B van Es, C de Vreese 2018 Institute for Information Law, University of Amsterdam

Tackling The Algorithmic Control Crisis -The Technical, Legal, And Ethical Challenges Of Research Into Algorithmic Agents, B. Bodo, N Helberger, K Irion, K Zuiderveen Borgesius, J Moller, B Van De Velde, N Bol, B Van Es, C De Vreese

Yale Journal of Law and Technology

Algorithmic agents permeate every instant of our online existence. Based on our digital profiles built from the massive surveillance of our digital existence, algorithmic agents rank search results, filter our emails, hide and show news items on social networks feeds, try to guess what products we might buy next for ourselves and for others, what movies we want to watch, and when we might be pregnant. Algorithmic agents select, filter, and recommend products,
information, and people; they increasingly customize our physical environments, including the temperature and the mood .


Going Native: Can Consumers Recognize Native Advertising? Does It Matter?, David A. Hyman, David Franklyn, Calla Yee, Mohammad Rahmati 2018 Georgetown University

Going Native: Can Consumers Recognize Native Advertising? Does It Matter?, David A. Hyman, David Franklyn, Calla Yee, Mohammad Rahmati

Yale Journal of Law and Technology

Native advertising, which matches the look and feel of unpaid news and editorials, has exploded online. The Federal Trade Commission has long required advertising to be clearly and conspicuously labeled, and it recently reiterated that these requirements apply to native advertising. We explore whether respondents can distinguish native advertising and "regular" ads from unpaid content, using 16 native ads, 5 ''regular" ads, and 8 examples of news / editorial content, drawn from multiple sources and plat forms. Overall, only 37% of respondents thought that the tested examples of native
advertising were paid content, compared to 81% for "regular" advertising, with variation ...


When Timekeeping Software Undermines Compliance, Elizabeth Tippett, Charlotte S. Alexander, Zev J. Eigen 2018 University of Oregon School of Law

When Timekeeping Software Undermines Compliance, Elizabeth Tippett, Charlotte S. Alexander, Zev J. Eigen

Yale Journal of Law and Technology

Electronic timekeeping is a ubiquitous feature of the modern workplace. Time and attendance software enables employers to record employees' hours worked, breaks taken, and related data to determine compensation. Sometimes this software also undermines wage and hour law, allowing bad actor employers more readily to manipulate employee time cards, set up automatic default rules that shave hours from employees' paychecks, and disguise edits to records of wages and hours. Software could enable transparency, but when it serves to obfuscate instead, it misses an opportunity to reduce costly legal risk for employers and protect employee rights. This article examines thirteen commonly ...


Powering Intellectual Property Sharing: How To Make Tesla’S Patent Pledge Effective, Benjamin M. Hill 2018 University of Georgia School of Law

Powering Intellectual Property Sharing: How To Make Tesla’S Patent Pledge Effective, Benjamin M. Hill

Journal of Intellectual Property Law

No abstract provided.


Insuring Failure: How Crowd-Sourcing Sites May Be Forced Into The Role Of Patent Insurance, Spencer S. Haley 2018 University of Georgia School of Law

Insuring Failure: How Crowd-Sourcing Sites May Be Forced Into The Role Of Patent Insurance, Spencer S. Haley

Journal of Intellectual Property Law

No abstract provided.


A Tale Of Two Composers: An Argument For A Limited Expansion Of Moral Rights For Composers, Cassidy Grunninger 2018 University of Georgia School of Law

A Tale Of Two Composers: An Argument For A Limited Expansion Of Moral Rights For Composers, Cassidy Grunninger

Journal of Intellectual Property Law

No abstract provided.


Official Code, Locked Down: An Analysis Of Copyright As It Applies To Annotations Of State Official Codes, Shellea Diane Crochet 2018 University of Georgia School of Law

Official Code, Locked Down: An Analysis Of Copyright As It Applies To Annotations Of State Official Codes, Shellea Diane Crochet

Journal of Intellectual Property Law

No abstract provided.


Backing Down: Blurred Lines In The Standards For Analysis Of Substantial Similarity In Copyright Infringement For Musical Works, Nicholas Booth 2018 University of Georgia School of Law

Backing Down: Blurred Lines In The Standards For Analysis Of Substantial Similarity In Copyright Infringement For Musical Works, Nicholas Booth

Journal of Intellectual Property Law

No abstract provided.


Combating The Anti-Trade Movement: Evaluating The Trans-Pacific Partnership’S Place In International Patent Law, William G. Adams 2018 University of Georgia School of Law

Combating The Anti-Trade Movement: Evaluating The Trans-Pacific Partnership’S Place In International Patent Law, William G. Adams

Journal of Intellectual Property Law

No abstract provided.


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