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Articles 1 - 10 of 10
Full-Text Articles in Law
Trademarks And Digital Goods, Lucas S. Osborn, Mark P. Mckenna
Trademarks And Digital Goods, Lucas S. Osborn, Mark P. Mckenna
Scholarly Works
No abstract provided.
Trademark Boundaries And 3d Printing, Lucas S. Osborn
Trademark Boundaries And 3d Printing, Lucas S. Osborn
Scholarly Works
No abstract provided.
Reevaluating Intellectual Property Law In A 3d Printing Era., Lucas S. Osborn
Reevaluating Intellectual Property Law In A 3d Printing Era., Lucas S. Osborn
Scholarly Works
No abstract provided.
Which Supreme Court Cases Influenced Recent Supreme Court Ip Decisions? A Citation Study, Joseph S. Miller
Which Supreme Court Cases Influenced Recent Supreme Court Ip Decisions? A Citation Study, Joseph S. Miller
Scholarly Works
The U.S. Supreme Court has decided an increasing number of intellectual property cases — especially patent cases — over the last several terms. Which prior cases influence the stated reasoning in these recent Supreme Court IP cases? A handful of citation studies of supreme courts in the U.S., both state and federal, conducted over the last 40 years suggest that the Court would most often cite its own prior cases; that it would cite its more recent cases more often than its older cases; and that a small number of its prior cases would receive a large share of the …
Droit De Suite, Copyright’S First Sale Doctrine And Preemption Of State Law, David E. Shipley
Droit De Suite, Copyright’S First Sale Doctrine And Preemption Of State Law, David E. Shipley
Scholarly Works
The primary focus of this article is whether California’s forty-year old droit de suite statute; the California Resale Royalty Act (CRRA), is subject to federal preemption under the Copyright Act. This issue is now being litigated in the Ninth Circuit, and this article concludes that the CRRA is preempted under section 301(a) of the Copyright Act and under the Supremacy Clause because it at odds with copyright’s well-established first sale doctrine.
The basic idea of droit de suite is that each time an artist’s work is resold by a dealer or auction house, the artist is entitled to a royalty, …
Reasonable Certainty & Corpus Linguistics: Judging Definiteness After Nautilus & Teva, Joseph S. Miller
Reasonable Certainty & Corpus Linguistics: Judging Definiteness After Nautilus & Teva, Joseph S. Miller
Scholarly Works
In Nautilus (2014), the Supreme Court held “that a patent is invalid for indefiniteness if its claims...fail to inform, with reasonable certainty, those skilled in the art about the scope of the invention.” We don’t require perfect clarity because, as Festo (2002) highlights, patentees can’t achieve it. We don’t launch a post hoc judicial salvage operation to rescue slipshod text because, as the functional-claiming cases from the 1930s and 1940s highlight, others can’t adequately plan around it. Reasonably certain notice, then, is just right: § 112 “require[s] that a patent’s claims, viewed in light of the specification and prosecution history, …
The Limits Of Creativity In Copyright: Digital Manufacturing Files And Lockout Codes, Lucas S. Osborn
The Limits Of Creativity In Copyright: Digital Manufacturing Files And Lockout Codes, Lucas S. Osborn
Scholarly Works
As the distinction between the digital and physical worlds continues to diminish, the necessity to reevaluate the bargain struck by the copyright regime increases in importance. Digitization brings increasingly more aspects of our world into the potential ambit of the copyright system. To understand whether and how the copyright system should apply in an increasingly digital world, it is first necessary to understand doctrinally how current copyright laws apply to new digital works. This Article corrects several errors that have appeared in the literature analyzing copyright law's treatment of 3D printing and other digital manufacturing files. This Article incorporates an …
Charitable Trademarks, Leah Chan Grinvald
Charitable Trademarks, Leah Chan Grinvald
Scholarly Works
Charity is big business in the United States. In 2015, private individuals or entities donated over $350 billion, which accounted for approximately two percent of the gross domestic product in the United States. Even though this seems like big money, these donations were split among over 1.5 million organizations. And each year, the number of charitable organizations grows and therefore, the competition for public donations increases. In part to succeed in such competition, some charitable organizations have turned to branding and trademarks as a way to differentiate their entities and to encourage donations. Drawing from the for-profit branding and trademarking …
Patent Working Requirements: Historical And Comparative Perspectives, Marketa Trimble
Patent Working Requirements: Historical And Comparative Perspectives, Marketa Trimble
Scholarly Works
At the beginning of the 20th century, commentators referred to patent working requirements as the most contentious contemporary concept in patent law, and working requirements were at the center of discussions about revisions to the Paris Convention. By the end of the 20th century it seemed that working requirements attracted less attention; the TRIPS Agreement did not expressly mention working requirements at all. However, some TRIPS provisions do arguably relate to such requirements; in fact, some commentators believe that the TRIPS Agreement prevents countries from maintaining such requirements, at least in some forms. Although the lack of interest in working …
U.S. State Copyright Laws: Challenge And Potential, Marketa Trimble
U.S. State Copyright Laws: Challenge And Potential, Marketa Trimble
Scholarly Works
With copyright law in the United States lying primarily in the realm of federal law, the laws of the U.S. states concerning copyright do not typically attract significant attention from scholars, practitioners, and policy makers. Some recent events have drawn attention to state copyright laws – for example, litigation against a satellite radio provider for infringement of state common-law public performance rights in pre-1972 sound recordings. However, in general, state copyright laws remain largely in the shadow of federal copyright law, and state law is typically not viewed as a particularly useful vehicle for pursuing the policies that copyright law …