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Intellectual Property Law

Sonia Katyal

2016

Intellectual property

Articles 1 - 2 of 2

Full-Text Articles in Law

Trademark Intersectionality , Sonia K. Katyal Apr 2016

Trademark Intersectionality , Sonia K. Katyal

Sonia Katyal

Even though most scholars and judges treat intellectual property law as a predominantly content neutral phenomenon, trademark law contains a statutory provision, Section 2(a) that provides for the cancellation of marks that are “disparaging,” “immoral,” or “scandalous,” a provision that has raised intrinsically powerful constitutional concerns. The constitutional tensions surrounding Section 2(a), invariably, affect two central metaphors that are at war within trademark law: the marketplace of goods, which premises itself on the fixedness of intellectual properties, and the marketplace of ideas, which is premised on the very fluidity of language itself. Since the architecture of trademark law focuses only …


Filtering, Piracy Surveillance And Disobedience , Sonia K. Katyal Apr 2016

Filtering, Piracy Surveillance And Disobedience , Sonia K. Katyal

Sonia Katyal

There has always been a cyclical relationship between the prevention of piracy and the protection of civil liberties. While civil liberties advocates previously warned about the aggressive nature of copyright protection initiatives, more recently, a number of major players in the music industry have eventually ceded to less direct forms of control over consumer behavior. As more aggressive forms of consumer control, like litigation, have receded, we have also seen a rise in more passive forms of consumer surveillance. Moreover, even as technology has developed more perfect means for filtering and surveillance over online piracy, a number of major players …