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Full-Text Articles in Law
Trademark Boundaries And 3d Printing, Lucas S. Osborn
Trademark Boundaries And 3d Printing, Lucas S. Osborn
Akron Law Review
3D printing technology promises to disrupt trademark law at the same time that trademark law and policy sustain repeated criticism. The controversial growth of trademark law over the last century has yielded amorphous sponsorship and affiliation confusion issues and empirically fragile post-sale and initial-interest confusion theories, among others. Into this melee marches 3D printing technology, which dissociates the process of design from that of manufacturing and democratizes manufacturing. Rather than being embodied only in physical objects, design is embodied in digital CAD files that users can post and sell on the internet. The digitization of physical objects raises fundamental questions …
Redefining The Intended Copyright Infringer, Yvette Joy Liebesman
Redefining The Intended Copyright Infringer, Yvette Joy Liebesman
Akron Law Review
The contemporary copyright infringer is pretty much anyone who can get caught. Yet, who could be caught back when the Copyright Act of 1976 was enacted is just a subset of those who can be caught today—we had very different concepts about who was the intended target of an infringement action than who fits into that mold today. The advent and growth of cyberspace communication now makes it both easier to infringe and for IP owners, with very little effort, to capture infringers. The ability of individuals to both easily infringe and easily be found infringing has altered the IP …
The Right To Be Forgotten, Lisa Owings
The Right To Be Forgotten, Lisa Owings
Akron Intellectual Property Journal
This Article advocates a new test for balancing free speech and privacy interests online. There should be a three-prong test for whether, and under what circumstances, a user may request deletion of online data under the right to be forgotten. First, if the information is the publication of a private fact that is offensive to a reasonable person and not newsworthy, it should never be published unless the individual chooses to do so. Second, if individuals posted the information about themselves or as an expression of their opinion, they should have the right to remove it. This should apply not …
Copyright Tensions In A Digital Age, John D. Shuff, Geoffrey T. Holtz
Copyright Tensions In A Digital Age, John D. Shuff, Geoffrey T. Holtz
Akron Law Review
The rapid and exponential expansion of our ability to duplicate and disseminate information by digital means has rejuvenated inherent tensions in the law pertaining to copyright and has created some new ones. Not since the advent of radio in the early 1900s have such tensions come so squarely into focus. Even though courts are rarely, if ever, called upon to address certain of these tensions since the passage of the Copyright Act of 1976, they are being called upon to do so now