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Full-Text Articles in Law

Twittering Away The Right Of Publicity: Personality Rights And Celebrity Impersonation On Social Networking Websites, Andrew M. Jung Dec 2010

Twittering Away The Right Of Publicity: Personality Rights And Celebrity Impersonation On Social Networking Websites, Andrew M. Jung

Chicago-Kent Law Review

Within the past couple of years, social networking websites have become an immensely popular destination for people from all walks of life. Websites like Facebook and Twitter now count tens of millions of worldwide users, including world leaders and a number of celebrities. Eventually, users realized that social networking websites lent themselves to the quick and easy impersonation of celebrities through the creation of fake social networking accounts, often as a form of parody. One subject of such impersonation was professional baseball manager Tony La Russa, who took the then-unprecedented step of suing his impersonators and Twitter over the incident. …


Dependent On The Jury: Anticipation And Obviousness Of Dependent Patent Claims And Irreconcilable Jury Verdicts, Patrick Bickley Dec 2010

Dependent On The Jury: Anticipation And Obviousness Of Dependent Patent Claims And Irreconcilable Jury Verdicts, Patrick Bickley

Chicago-Kent Law Review

A jury verdict finding an independent claim valid but a related dependent claim either anticipated or obvious is irreconcilable. However, the Federal Circuit has used the inconsistencies between regional circuits on the issue of jury verdicts to reach different outcomes in similar cases based solely on the region in which the patent case originated. This note advocates a modification to the Federal Circuit's rule of deference to consider irreconcilable verdicts of independent and dependent claims under its own independent analysis. A consistent approach allowing for appellate review regardless of post-verdict motions is advocated, although a more modest position of requiring …


Extending Tort Liability To Creators Of Fake Profiles On Social Networking Websites, Bradley Kay Sep 2010

Extending Tort Liability To Creators Of Fake Profiles On Social Networking Websites, Bradley Kay

Chicago-Kent Journal of Intellectual Property

No abstract provided.


A Definite Claim On Claim Indefiniteness: An Empirical Study Of Definiteness Cases Of The Past Decade With A Focus On The Federal Circuit And The Insolubly Ambiguous Standard, Christa J. Laser Sep 2010

A Definite Claim On Claim Indefiniteness: An Empirical Study Of Definiteness Cases Of The Past Decade With A Focus On The Federal Circuit And The Insolubly Ambiguous Standard, Christa J. Laser

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Asian Initiatives On Bayh-Dole, With Special Reference To India: How Do We Make It More "Asian?", Tina K. Stephen Sep 2010

Asian Initiatives On Bayh-Dole, With Special Reference To India: How Do We Make It More "Asian?", Tina K. Stephen

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Hope Or Nope --Is "Obama Hope" Protected By Idea/Expression Dichotomy, Fair Use Doctrine, & First Amendment?, Hiro Senda Sep 2010

Hope Or Nope --Is "Obama Hope" Protected By Idea/Expression Dichotomy, Fair Use Doctrine, & First Amendment?, Hiro Senda

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Physicality And The Information Age: A Normative Perspective On The Patent Eligibility Of Non-Physical Methods, Ben Mceniery Sep 2010

Physicality And The Information Age: A Normative Perspective On The Patent Eligibility Of Non-Physical Methods, Ben Mceniery

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Securing Global Trademark Exceptions: Why The United States Should Negotiate Mandatory Exceptions Into Future International Bilateral Agreements, Brian S. Kaunelis Jun 2010

Securing Global Trademark Exceptions: Why The United States Should Negotiate Mandatory Exceptions Into Future International Bilateral Agreements, Brian S. Kaunelis

Chicago-Kent Law Review

In December 2007, the European Union and the CARIFORUM States concluded a bilateral economic partnership agreement that included a mandatory fair use exception to trademark owners' rights. The EC-CARIFORUM Agreement is the first agreement that mandates the inclusion of Article 17 of the World Trade Organization's Agreement on Trade-Related Intellectual Property Rights and requires an exception to trademark rights. The push to balance international trademark owners' rights has begun, and this Note will detail why the United States should follow the European Union's lead and negotiate mandatory trademark exceptions into future bilateral agreements.


"Willful Patent Filing": A Criminal Procedure Protecting Traditional Knowledge, Vincent M. Smoczynski Jun 2010

"Willful Patent Filing": A Criminal Procedure Protecting Traditional Knowledge, Vincent M. Smoczynski

Chicago-Kent Law Review

This article explores the interaction between current intellectual property regimes and traditional knowledge and concludes that national laws currently in place inadequately protect traditional knowledge holders. When property rights are granted on traditional knowledge, the effects can extend not only to the indigenous communities, but to the surrounding ecosystems and the global market. Commercialization and increased demand leads to shortages in natural resources and increased prices. Therefore, in order to ensure that patent applicants are deterred from acquiring property rights in traditional knowledge, as well that traditional knowledge holders receive proper benefits for their labor and knowledge, this article advocates …


What Is Neutral? Another Perspective To The Discussion Concerning Access Control, Agustin Waisman Apr 2010

What Is Neutral? Another Perspective To The Discussion Concerning Access Control, Agustin Waisman

Chicago-Kent Journal of Intellectual Property

No abstract provided.


A Patent Panacea? The Promise Of Corbinized Claim Construction, Jonathan L. Moore Apr 2010

A Patent Panacea? The Promise Of Corbinized Claim Construction, Jonathan L. Moore

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Protecting Famous Trademarks: Comparative Analysis Of Us And Eu Diverging Approaches --The Battle Between Legislatures And The Judiciary. Who Is The Ultimate Judge?, Stylianos Malliaris Apr 2010

Protecting Famous Trademarks: Comparative Analysis Of Us And Eu Diverging Approaches --The Battle Between Legislatures And The Judiciary. Who Is The Ultimate Judge?, Stylianos Malliaris

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Doctrine Of The Dead: How Capcom V. Mkr Exposes The Decreasing Fit Between Modern Copyright Infringement Analysis And Modern Video Games, Karlyn Ruth Meyer Apr 2010

Doctrine Of The Dead: How Capcom V. Mkr Exposes The Decreasing Fit Between Modern Copyright Infringement Analysis And Modern Video Games, Karlyn Ruth Meyer

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Market Competition In Aid Of Humanitarian Concern: Reconsidering Pharmaceutical Drug Patents, Michael Ilg Apr 2010

Market Competition In Aid Of Humanitarian Concern: Reconsidering Pharmaceutical Drug Patents, Michael Ilg

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Meanwhile On The Other Side Of The Pond: Why Biopharmaceutical Inventions That Were "Obvious To Try" Still Might Be Non-Obvious --Part 1, Timo Minssen Apr 2010

Meanwhile On The Other Side Of The Pond: Why Biopharmaceutical Inventions That Were "Obvious To Try" Still Might Be Non-Obvious --Part 1, Timo Minssen

Chicago-Kent Journal of Intellectual Property

No abstract provided.