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Articles 1 - 30 of 191
Full-Text Articles in Law
Protecting The Beanstalk: Folklore As Traditional Cultural Expressions, Ainsley E. Marlette
Protecting The Beanstalk: Folklore As Traditional Cultural Expressions, Ainsley E. Marlette
The University of Cincinnati Intellectual Property and Computer Law Journal
No abstract provided.
Looking For Liability For Harmful Social Media Content And Cyberbullying After Gonzalez V. Google, Llc, Elizabeth M. Jaffe
Looking For Liability For Harmful Social Media Content And Cyberbullying After Gonzalez V. Google, Llc, Elizabeth M. Jaffe
Marquette Intellectual Property & Innovation Law Review
None
Keeping It Wreal: How The Eleventh Circuit's Wreal Decision Is Better Suited For A Uniform Reverse Confusion Multifactor Analysis, Sean J. Flaherty
Keeping It Wreal: How The Eleventh Circuit's Wreal Decision Is Better Suited For A Uniform Reverse Confusion Multifactor Analysis, Sean J. Flaherty
Marquette Intellectual Property & Innovation Law Review
None
Innovator Ecosystem Diversity As A Global Competitiveness Imperative, Margo A. Bagley
Innovator Ecosystem Diversity As A Global Competitiveness Imperative, Margo A. Bagley
Marquette Intellectual Property & Innovation Law Review
None
A Questionable Categorization — Trademark's Struggle To Protect Tribal Cultural Property, Emilie (Smith) Rohde
A Questionable Categorization — Trademark's Struggle To Protect Tribal Cultural Property, Emilie (Smith) Rohde
Marquette Intellectual Property & Innovation Law Review
None
The Effects Of Section 101'S Subject Matter Eligibility Requirement On Fintech Patent Valuation Models, Fhernam Batiz
The Effects Of Section 101'S Subject Matter Eligibility Requirement On Fintech Patent Valuation Models, Fhernam Batiz
Marquette Intellectual Property & Innovation Law Review
None
Withdrawing Lanham Act Section 2(C) Consent: What Should Courts Do?, Zachary R. Semancik
Withdrawing Lanham Act Section 2(C) Consent: What Should Courts Do?, Zachary R. Semancik
Marquette Intellectual Property & Innovation Law Review
None
Securing Patent Law, Charles Duan
Securing Patent Law, Charles Duan
Belmont Law Review
A vigorous conversation about intellectual property rights and national security has largely focused on the defense role of those rights, as tools for responding to acts of foreign infringement. But intellectual property, and patents in particular, also play an arguably more important offense role. Foreign competitor nations can obtain and assert U.S. patents against U.S. firms and creators. Use of patents as an offense strategy can be strategically coordinated to stymie domestic innovation and technological progress. This Essay considers current and possible future practices of patent exploitation in this offense setting, with a particular focus on China given the nature …
Taxation Of Intellectual Property Litigation, Chitra A. Ram
Taxation Of Intellectual Property Litigation, Chitra A. Ram
IP Theory
In the field of intellectual property law, few attorneys consider the tax implications of legal proceedings prior to undertaking litigation. In studying the interdisciplinary space between intellectual property law, litigation, and taxation practices, this Article hopes to further expand existing research on the scope and incentives behind intellectual property protection in the United States, the policies underlying the system of federal income taxation adopted by the United States, and the precedents upheld by courts in deciding matters at the nexus of intellectual property litigation costs, expenses, and taxation.
One Test To Rule Them All: Retiring The Dual Standard For Fictional Character Copyrightability In The Ninth Circuit, Kiersten Daly
One Test To Rule Them All: Retiring The Dual Standard For Fictional Character Copyrightability In The Ninth Circuit, Kiersten Daly
St. John's Law Review
(Excerpt)
From Captain Jack Sparrow sailing on the Black Pearl in Pirates of Caribbean to Frodo Baggins trekking through Mordor in Lord of the Rings, well-developed characters are vital to the success of a story. Iconic characters like Captain Jack and Frodo Baggins have each developed a cult following as a result of their interesting storylines and character development. The instant recognition and nostalgia associated with such iconic characters has motivated companies to monetize their likenesses. Whether it is car companies recreating the Batmobile or the recent trend in creating story-based pop-up shops, there is a lot of value …
Awareness Of Copyright Infringement Among Undergraduates Of The State Universities In Sri Lanka, Iqbal Saujan Mr.
Awareness Of Copyright Infringement Among Undergraduates Of The State Universities In Sri Lanka, Iqbal Saujan Mr.
The Indonesian Journal of Socio-Legal Studies
Abstract
Copyright infringement is known as the use of copyrighted works without the permission of the creators, copyright holders or authors. It is a form of dishonesty and a violation of the authors' economic and exclusive rights. In general, copyright infringement activities have taken place in various ways such as theft, piracy, reuse and plagiarism among students pursuing degree programmes in higher education institutions in Sri Lanka. In this backdrop, this study aims to examine awareness of copyright infringement among students pursuing undergraduate degree programmes at state universities in Sri Lanka. The primary and secondary data have been used in …
What Covid-19 Retail Bankruptcies Can Teach Us About Intellectual Property In A Post-Pandemic World, Brenna Arbuckle
What Covid-19 Retail Bankruptcies Can Teach Us About Intellectual Property In A Post-Pandemic World, Brenna Arbuckle
The Journal of Business, Entrepreneurship & the Law
Both IP and bankruptcy laws are quite complex. With that in mind, this comment will narrowly focus on what retail bankruptcies amid COVID-19 can teach us about the value of IP, particularly trademarks and trade secrets, post-pandemic. Part II of this comment explores the relevant legal background, in particular IP and bankruptcy laws. Part III provides context regarding the retail industry and delves into relevant pre-pandemic trends. Further, Part IV discusses the impact of COVID-19 on the retail industry, particularly on consumer behaviors and bankruptcy bids. Part IV details lessons from such bankruptcies and the possible impacts on the industry …
The Inherent Monetary Incentive Of Intellectual Property Rights And The Failure Of Intellectual Property Waivers To Recognize This Motive, Ellaheh D. Sims
The Inherent Monetary Incentive Of Intellectual Property Rights And The Failure Of Intellectual Property Waivers To Recognize This Motive, Ellaheh D. Sims
Barry Law Review
No abstract provided.
Native American Intellectual Property Protection: Altering Federal Ip Law And The Indian Arts And Crafts Act To Aid Tribal Economic Development, Trey V. Perez
American Indian Law Journal
Native Americans tribes remain subject to an epidemic of poverty. Although tribal gaming has provided relief and a method of economic development for some groups, other tribes are unable to employ gaming to bring in revenue and grow out of poverty. One method to assist tribes that cannot use tribal gaming could be amending federal intellectual property law to better suit tribes needs and allowing them to better exploit the billion-dollar Native American arts and crafts industry.
Moreover, tribes are able to determine which artists qualify as “Indian” under the Indian Arts and Crafts Act, which leaves individual artists subject …
The Freedom Of Influencing, Hannibal Travis
The Freedom Of Influencing, Hannibal Travis
University of Miami Law Review
Social media stars and the Federal Trade Commission (“FTC”) Act are clashing. Influencer marketing is a preferred way for entertainers, pundits, and everyday people to monetize their audiences and popularity. Manufacturers, service providers, retailers, and advertising agencies leverage influencers to reach into millions or even billions of consumer devices, capturing minutes or seconds of the market’s fleeting attention. FTC enforcement actions and private lawsuits have targeted influencers for failing to disclose the nature of a sponsorship relationship with a manufacturer, marketer, or service provider. Such a failure to disclose payments prominently is very common in Hollywood films and on radio …
“This Artwork Is Always On Sale”: The Need For A U.S. Resale Royalty Right For Digital Visual Artists In This Technological Age, And Proof Of Concept Through The Blockchain And Nfts Explosion, Janae Camacho
Washington Journal of Law, Technology & Arts
With the explosion of the internet, social media, non-fungible tokens (“NFTs”), and blockchain technology, there has been a shift in how people consume and commercialize art, thus resulting in the increased use of digital visual mediums to create, purchase, and receive payment for visual artwork. This increase has renewed the question of whether the United States should implement a resale royalty right for visual work artists. This question is of concern, especially in this digital age where it has become more difficult for digital visual artists to receive equitable compensation for their work, like that of their musical and written …
Renewing Faith In Antitrust: Unveiling The Hidden Network Behind Pharmaceutical Product Hopping, Victoria Field
Renewing Faith In Antitrust: Unveiling The Hidden Network Behind Pharmaceutical Product Hopping, Victoria Field
Fordham Journal of Corporate & Financial Law
Patents grant time-limited market exclusivity to drug manufacturers, meaning that other companies are prohibited from copying and selling the patented pharmaceutical. This allows manufacturers to lawfully charge monopoly prices. Generic competition starts at the expiration of the patent. To maintain coveted monopoly power, manufacturers often release an alternative formulation of the drug with a fresh patent that enjoys continued market exclusivity. Manufacturers who can convert their consumer base to the new formulation can continue charging peak prices. This process, called “product hopping,” has been the target of significant antitrust inquiry, with mixed results.
A product hop may be the result …
Selling Aloha: The Fight For Legal Protections Over Native Hawaiian Culture, Angela Louise R. Tiangco
Selling Aloha: The Fight For Legal Protections Over Native Hawaiian Culture, Angela Louise R. Tiangco
William & Mary Journal of Race, Gender, and Social Justice
In 2018, a Chicago-based restaurant attempted to enforce a registered trademark of “Aloha Poke” by sending cease-and-desist letters to small businesses with names containing some variation of the phrase. Most of those businesses were owned by Native Hawaiians, causing an uproar due to the terms “aloha” and “poke” having strong ties to traditional Hawaiian culture. Known as the Aloha Poke case, it brought attention to the fact that the United States currently has no definite legal framework to protect the cultural heritage of Native Hawaiians, much less their intangible cultural heritage.
This Note addresses the lack of federal recognition granted …
New Frontiers In Technology: Can Traditional Intellectual Property Rights Laws Be Adapted And Applied To Nfts?, Mariyah S. Wakhariya
New Frontiers In Technology: Can Traditional Intellectual Property Rights Laws Be Adapted And Applied To Nfts?, Mariyah S. Wakhariya
Catholic University Journal of Law and Technology
A decade ago, ‘NFTs’ were rarely heard of or known to anyone, unless they worked in or kept up with the tech world. However, they are not new - they have been around for almost two decades. Their popularity has grown over the past few years. ‘NFT’ stands for ‘non-fungible token’. An NFT is a digital file with a unique identity that is verified on a blockchain and is therefore not interchangeable - i.e., a kind of crypto asset, like an authentication certificate for digital artifacts. In theory, NFTs can represent almost any real or intangible property. These days, it …
Lost In Transit: How Enforcement Of Foreign Copyright Judgements Undermines The Right To Research, Naama Daniel
Lost In Transit: How Enforcement Of Foreign Copyright Judgements Undermines The Right To Research, Naama Daniel
American University International Law Review
The ease of travel in the globalized, modern world is a doubleedged sword for the right to research: while research opportunities are bolstered due to information and data traveling extremely easily in the digital world, the right to research may be undermined by the easy travel of foreign copyright judgments between countries. This article analyzes thoroughly, for the first time, the threats posed to the right to research by private international law instruments on recognition and enforcement of foreign copyright judgments. This article uses a theoretical and doctrinal perspective to analyze the matter, demonstrating that the right to research, aimed …
Ftas' Contribution Towards A More Flexible Copyright Space: Possibilities And Limits, Maria Vasquez Callo-Muller
Ftas' Contribution Towards A More Flexible Copyright Space: Possibilities And Limits, Maria Vasquez Callo-Muller
American University International Law Review
Free Trade Agreements (FTAs) have often been considered instruments for heightened intellectual property rights protection, thereby in detriment of a more flexible copyright space. However, since the adoption of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, some FTAs have been incorporating a clause on the “Balance in Copyright and Related Rights Systems.” Among these, the Regional Comprehensive Economic Partnership Agreement and, more recently, the 2021 Australia-U.K. FTA contain such a clause. In addition, more discrete FTAs, such as the AustraliaPeru FTA, also incorporate similar provisions. This article considers what incorporating such clauses in FTAs means for the interpretation of …
Ransomware Groups On Notice: U.S. Cyber Operation Against Revil Is Permissible Under International Law, Justin Singh
Ransomware Groups On Notice: U.S. Cyber Operation Against Revil Is Permissible Under International Law, Justin Singh
American University International Law Review
The continued increase in the use of ransomware by cyber criminals has had a costly impact on businesses and organizations around the world. Ransomware groups continue to initiate attacks on businesses and organizations, and states have become increasingly concerned over the potential impact it may have on their critical infrastructure and economies. The United States’ recent acknowledgement of cyber operations against ransomware groups highlights the seriousness of the issue and exposes areas of international law that are complicated when applied to cyber operations against these groups. This Comment explores the relevant international law as it applies to the United States …
One Small Step On Tiktok, One (Possibly) Giant Leap For The Dance Community: How Tiktok Spearheaded A Change In The Seemingly Stagnant Field Of Copyright Law, Sydney L. Solferino
One Small Step On Tiktok, One (Possibly) Giant Leap For The Dance Community: How Tiktok Spearheaded A Change In The Seemingly Stagnant Field Of Copyright Law, Sydney L. Solferino
Catholic University Journal of Law and Technology
No abstract provided.
Intellectual Property And Accessibility For Individuals With Disabilities, Eman A. Daas
Intellectual Property And Accessibility For Individuals With Disabilities, Eman A. Daas
Marquette Intellectual Property & Innovation Law Review
None.
Keeping It Real: Property Analogies For Graffiti Infringement, Shelby Pickar-Dennis
Keeping It Real: Property Analogies For Graffiti Infringement, Shelby Pickar-Dennis
University of Colorado Law Review
No abstract provided.
Amend The Lanham Act: Trademark Infringement Needs A Statute Of Limitations, Aaron E. Schindler
Amend The Lanham Act: Trademark Infringement Needs A Statute Of Limitations, Aaron E. Schindler
Marquette Intellectual Property & Innovation Law Review
None.
Artificial Intelligence Owning Patents: A Worldwide Court Debate, Maria A. Penkwitz
Artificial Intelligence Owning Patents: A Worldwide Court Debate, Maria A. Penkwitz
Marquette Intellectual Property & Innovation Law Review
None.
Trademark's Grip Over Sustainability, Daniel R. Cahoy
Trademark's Grip Over Sustainability, Daniel R. Cahoy
University of Colorado Law Review
Entrepreneurs and larger firms are waking up to the fact that there is a viable market for recycled, repaired, and even upcycled goods. There is also an increasing desire on the consumer end for more sustainable products as well as measures to reduce landfill and other product disposal harms to the environment. Although some legal barriers to this new market are being actively debated, other barriers have taken a back seat and seem primed to surge only when increased business activity exposes the liability. This is the case with trademark law, which has the potential to substantially deter the small-firm …
Tokenized: The Law Of Non-Fungible Tokens And Unique Digital Property, Joshua A.T. Fairfield
Tokenized: The Law Of Non-Fungible Tokens And Unique Digital Property, Joshua A.T. Fairfield
Indiana Law Journal
Markets for unique digital property—digital equivalents of rare artworks, collectible trading cards, and other assets that gain value from scarcity—have exploded in the past few years. At root is the next iteration of blockchain technology, unique digital assets called non-fungible tokens. Unlike bitcoin, where one coin is the same as another, NFTs are unique, each with different attributes. An NFT that represented ownership of Boardwalk would be quite different from one that represented Baltic Avenue.
NFTs have grown from a few early breakout successes to a rapidly developing market for unique digital treasures. The attraction to buyers is that, unlike …
Patents And The Pandemic: Intellectual Property, Social Contracts, And Access To Vaccines, Peter Lee
Patents And The Pandemic: Intellectual Property, Social Contracts, And Access To Vaccines, Peter Lee
Washington Journal of Law, Technology & Arts
Through enormous public support and private initiative, biopharmaceutical firms developed safe and effective COVID-19 vaccines in record time. These remarkable vaccines represent humanity’s best chance to end the devastating pandemic. However, difficult questions about ownership and access have arisen alongside the development and deployment of these vaccines. Biopharmaceutical companies have patented many of the technologies underlying these vaccines, thus seeming to pit intellectual property rights against the objective of wide and rapid dissemination of these critical resources. While prevailing debates have been framed in the language of intellectual property, this Article suggests that contract principles can help break the impasse …