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Articles 1 - 12 of 12

Full-Text Articles in Law

Employment Agreements For The Inventing Worker: A Proposal For Reforming Trailer Clause Enforceability Guidelines, Peter Caldwell Oct 2016

Employment Agreements For The Inventing Worker: A Proposal For Reforming Trailer Clause Enforceability Guidelines, Peter Caldwell

Journal of Intellectual Property Law

No abstract provided.


Rules For Radicals: A Politics Of Patent Law, Kali N. Murray Sep 2016

Rules For Radicals: A Politics Of Patent Law, Kali N. Murray

Journal of Intellectual Property Law

No abstract provided.


Throwing The Flag On Copyright Warnings: How Professional Sports Organizations Systematically Overstate Copyright Protection, Tyler Mccormick Love Sep 2016

Throwing The Flag On Copyright Warnings: How Professional Sports Organizations Systematically Overstate Copyright Protection, Tyler Mccormick Love

Journal of Intellectual Property Law

No abstract provided.


Bad Medicine: Economic Disadvantage And Claim Limitation In An Ailing Patent Office, Elisabeth Marie Koehnemann Sep 2016

Bad Medicine: Economic Disadvantage And Claim Limitation In An Ailing Patent Office, Elisabeth Marie Koehnemann

Journal of Intellectual Property Law

No abstract provided.


You Can Stand Under My Umbrella: Weighing Trade Secret Protection Against The Need For Greater Transparency In Perfume And Fragranced Product Labeling, Delia Gervin Sep 2016

You Can Stand Under My Umbrella: Weighing Trade Secret Protection Against The Need For Greater Transparency In Perfume And Fragranced Product Labeling, Delia Gervin

Journal of Intellectual Property Law

No abstract provided.


State Regulation Of Keyword Advertising: A Lesson From The Utah Legislature, Mary Candice Barrett Sep 2016

State Regulation Of Keyword Advertising: A Lesson From The Utah Legislature, Mary Candice Barrett

Journal of Intellectual Property Law

No abstract provided.


Thin But Not Anorexic: Copyright Protection For Compilations And Other Fact Works, David E. Shipley Sep 2016

Thin But Not Anorexic: Copyright Protection For Compilations And Other Fact Works, David E. Shipley

Journal of Intellectual Property Law

Questions about the copyrightability of compilations and other low authorship fact works, and about the scope of protection, have continued to trouble courts long after the Supreme Court's landmark decision in Feist Publications, Inc. v. Rural Telephone Services Co. in 1991. Justice O'Connor's opinion, explaining why a standard white pages telephone directory did not meet the constitutional and statutory requirements for copyright protection, defined an original work of authorship as one that is independently created by its author and that evidences at least a minimal level of creativity. The latter requirement has been elusive, in part because Justice O'Connor defined …


On The Continuing Misuse Of Event Studies: The Example Of Bessen And Meurer, Glynn S. Lunney Jr. Jun 2016

On The Continuing Misuse Of Event Studies: The Example Of Bessen And Meurer, Glynn S. Lunney Jr.

Journal of Intellectual Property Law

No abstract provided.


Plumb Lines Instead Of A Wrecking Ball: A Model For Recalibrating Patent Scope, F. Russell Denton Jun 2016

Plumb Lines Instead Of A Wrecking Ball: A Model For Recalibrating Patent Scope, F. Russell Denton

Journal of Intellectual Property Law

No abstract provided.


Strategies For Combating Patent Trolls, J. Jason Williams, Mark V. Campagna, Olivia E. Marbutt Jun 2016

Strategies For Combating Patent Trolls, J. Jason Williams, Mark V. Campagna, Olivia E. Marbutt

Journal of Intellectual Property Law

No abstract provided.


An Alternate Functionality Reality, Harold R. Weinberg Jun 2016

An Alternate Functionality Reality, Harold R. Weinberg

Journal of Intellectual Property Law

The Supreme Court last addressed trade dress law’s functionality doctrine in TrafFix Devices, Inc. v. Marketing Displays, Inc. decided in 2001. This article applies content analysis to data from post-TrafFix functionality cases to provide insights concerning the functionality doctrine. It emphasizes data from cases concerning motions for summary judgment and preliminary injunction. The analysis employs two conceptual constructs: a “useful/aesthetic continuum” and “mixed-character” design features. The article also considers data in light of a “two-bar mandate” and two principles: “useful-scarcity” and “aesthetic-abundance.” It concludes with observations concerning the post-TrafFix functionality doctrine and suggestions for improving its judicial …


Confusion Codified: Why Trademark Remedies Make No Sense, Mark A. Thurmon Jun 2016

Confusion Codified: Why Trademark Remedies Make No Sense, Mark A. Thurmon

Journal of Intellectual Property Law

No abstract provided.