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Full-Text Articles in Law
The New Law Of Ideas, Robert Denicola
The New Law Of Ideas, Robert Denicola
Robert C Denicola
The New Law of Ideas Robert C. Denicola Most businesses run on ideas—ideas for new products, new production methods, and new marketing strategies. Since at least the middle of the last century rights in ideas have been analyzed under a body of law that came to be called “the law of ideas.” Dominated by contract principles, the law of ideas also subsumed an array of additional theories regularly invoked to protect idea merchants, including property-based causes of action such as conversion and misappropriation, quasi-contractual claims premised on unjust enrichment, and claims alleging breaches of confidence, fiduciary duty, and loyalty. Texas …
Recognized Stature: Protecting Street Art As Cultural Property, Griffin M. Barnett
Recognized Stature: Protecting Street Art As Cultural Property, Griffin M. Barnett
Griffin M. Barnett
This Article discusses the current legal regimes in the United States implicated by works of "street art." The Article suggests an amendment to the Visual Artists Rights Act that would protect certain works of street art as "cultural property" - thereby promoting the arts and the preserving important works of art that might otherwise be at the mercy of property owners or others who do not share the interests of artists and the members of communities enhanced by works of street art.
Do Trademark Lawyers Matter?, Deborah R. Gerhardt
Do Trademark Lawyers Matter?, Deborah R. Gerhardt
Deborah R Gerhardt
DO TRADEMARK LAWYERS MATTER? Deborah R. Gerhardt Jon P. McClanahan This Article empirically examines whether lawyers make a difference in prosecuting trademark applications, and if so, how much. Working from a wealth of data the USPTO released in 2012, we examine the twenty-five year period of 1985-2010 to determine how much legal counsel matters in various stages of the trademark application process. First, we show how trademark publication and registration rates changed. Against that background, we examine how these rates differ if the applicant had legal counsel. By illustrating these differences over time, we show whether the USPTO has become …
Desktop Piracy Factories: Will Existing Law Be Enough?, Andrew J. Daddono
Desktop Piracy Factories: Will Existing Law Be Enough?, Andrew J. Daddono
Andrew J Daddono
A brief essay on how the disruptive technology found in 3D printing will affect the future of our existing legal regimes for intellectual property, what foreseeable problems there are, and possible ways that we may address them.