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Full-Text Articles in Law
After Louboutin: Responding To Trademark Ownership Of Color In Creative Contexts, Monica Sullivan
After Louboutin: Responding To Trademark Ownership Of Color In Creative Contexts, Monica Sullivan
Mercer Law Review
As an artist, it would be difficult to complete a work of art if you were limited to the use of certain colors, only those colors that no other artist had claimed. Imagine, for instance, that Monet, upon completion of his water lilies, is sued by Picasso for using a certain shade of blue. Picasso claims that the blue used by Monet is the same blue he uses to express melancholy. In fact, Picasso has used that blue throughout a number of his paintings, and it has become somewhat of a theme in his work. Should Picasso have ownership of …
Administering Mayo To Patents In Medicine And Biotechnology: Appropriate Dosage Or Risk Of Toxic Side Effects?, Lauren Miller
Administering Mayo To Patents In Medicine And Biotechnology: Appropriate Dosage Or Risk Of Toxic Side Effects?, Lauren Miller
Mercer Law Review
In Mayo Collaborative Services v. Prometheus Laboratories, Inc., the United States Supreme Court considered whether it would uphold patents on the "bounty" arising from laws of nature, specifically, diagnostic tests based on natural laws that determined the efficacy and toxicity of certain thiopurine drugs. In a unanimous ruling, the Court invalidated the patents, which were held by respondent Prometheus Laboratories, Inc. (Prometheus). The Court ultimately concluded that the processes for which Prometheus claimed patents did not add "significantly more" to the underlying laws of nature, and thus did not warrant patent protection. The Mayo decision is likely to have …
Liberating The Library: Fair Use Mostly Upheld For University E-Reserves In Cambridge University Press V. Becker, Jennifer Findley
Liberating The Library: Fair Use Mostly Upheld For University E-Reserves In Cambridge University Press V. Becker, Jennifer Findley
Mercer Law Review
Libraries and universities across the country had Georgia on their minds as they waited in anticipation for over a year for the outcome of a case. before the United States District Court for the Northern District of Georgia. On May 11, 2012, in Cambridge University Press v. Becker, Judge Orinda Evans answered a question of vital importance to librarians and university officials ever since the passage of the Copyright Act of 1976: does copyright infringement occur if a nonprofit institution makes copies for the classroom for a nonprofit educational purpose? In a 350-page opinion, the court answered with a …