Law Commons^™

Using The Inform Consumers Act To Combat China’S Online Counterfeiters, Daniel C.K. Chow

Journal of Intellectual Property Law

Everyday millions of counterfeit goods are shipped from suppliers on Alibaba’s website based in China to retailers on Amazon, Walmart, and other e-commerce platforms and sold to U.S. consumers. The significance of this massive pipeline seems to have eluded brand owners and U.S. government authorities. Most brand owners have concentrated their efforts on suppressing counterfeits on U.S. e-commerce markets after the counterfeits have already appeared on their sites. These efforts have proven to be ineffective as once millions of counterfeits are commingled with genuine products on the internet their suppression becomes an impossible task. The key to successful interdiction of …

Table Of Contents, Jared Brown

Journal of Intellectual Property Law

No abstract provided.

Regularity Clarity At A Cost: The Risks To Everyday Investors If Project Crypto Continues Without Guardrails, Maia Chess

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

How Licensing Compromised The Library, Aaron Perzanowski

Seattle University Law Review Online

Public libraries are besieged on multiple fronts: spiraling costs, budget cuts, book bans, patron privacy risks, inaccessible digital exclusives, embargoed titles, and unstable collections—not the mention a general decline in reading coupled with an upswing in reliance on artificial intelligence. No single development can explain all of the many challenges facing libraries today. But this Article argues that the shift from library-owned print collections to licensed digital ones is an overlooked throughline that has contributed to this constellation of challenges in underappreciated ways. For centuries, the first sale doctrine gave libraries broad autonomy over what they acquired, preserved, and lent. …

The Library Of Congress’S Essential Role In Digital Preservation: Reconceiving Mandatory Deposit After Valancourt, Dave Hansen

Seattle University Law Review Online

As the published record shifts to digital formats, the mechanisms that have ensured long-term preservation are breaking down. Most libraries acquire digital materials through licensing agreements that prohibit preservation copying, format migration, and interlibrary loan—contractually overriding the exceptions Congress enacted in the Copyright Act. The Library of Congress occupies a unique position: Through statutory deposit under 17 U.S.C. §§ 407 and 408, it collects copyrighted works pursuant to federal law rather than license agreements, and deposited copies become federal property under § 704, free from contractual restrictions. This Article examines how the Library’s deposit authority can be strengthened after the …

Separation Of Copyright Powers, Blake Reid

Seattle University Law Review Online

The United States Copyright Office’s multifarious roles in the U.S. copyright system have long prompted uncertainty about its position among the branches of the federal government. From its formal home in the Library of Congress, the chameleonic Office has accumulated a wide range of advisory, rulemaking, adjudicative, and administrative functions that have long prompted questions about both agencies’ exercise of dueling legislative and executive powers.

Despite its increasingly sprawling portfolio and unusual configuration, the Office has never faced a serious separation-of-powers reckoning—until now. In the span of just five days in May 2025, Donald Trump fired the Librarian of Congress …

The Library Of Congress At A Crossroads: Executive Overreach And The Future Of Public Knowledge, Leslie A. Street, Amanda Runyon

Seattle University Law Review Online

In May 2025, President Trump's removal of the Librarian of Congress and attempted removal of the Register of Copyrights precipitated a constitutional crisis that exposed fundamental structural vulnerabilities in the nation's knowledge infrastructure. This Article argues that the Library of Congress faces a dual threat: a constitutional breach of separation of powers and a cultural threat to the preservation of America's intellectual heritage. The Library's structural ambiguity — its simultaneous identity as a legislative library, national library, and copyright agency — has left it vulnerable to executive overreach that threatens both constitutional integrity and its role as custodian of national …

Leveraging Technology, Copyright, And Libraries To Benefit The Public Interest, Michelle Wu

Seattle University Law Review Online

Rapid developments in technology have radically changed the practice of copyright; however, this revolution has provided disproportionate, lopsided advantages to corporate interests over public ones. For example, publishers today can charge the same buyer for the same e-book many times over while simultaneously depriving them of the rights normally conveyed with purchase, such as the rights to resale, donation, lending, and bequeathing. Technology itself is a neutral tool, so there is no reason that the current landscape must be so unbalanced. This Article explores two ways in which libraries can both maximize the public benefits of knowledge and provide added …

Separation Of Copyright Powers, Blake Reid

Seattle Journal of Technology, Environmental, & Innovation Law

The United States Copyright Office’s multifarious roles in the U.S. copyright system have long prompted uncertainty about its position among the branches of the federal government. From its formal home in the Library of Congress, the chameleonic Office has accumulated a wide range of advisory, rulemaking, adjudicative, and administrative functions that have long prompted questions about both agencies’ exercise of dueling legislative and executive powers. Despite its increasingly sprawling portfolio and unusual configuration, the Office has never faced a serious separation-of-powers reckoning—until now. In the span of just five days in May 2025, Donald Trump fired the Librarian of Congress …

Why The Library Of Congress Matters More Than Ever, Hope O'Keeffe

Seattle Journal of Technology, Environmental, & Innovation Law

No abstract provided.

Leveraging Technology, Copyright, And Libraries To Benefit The Public Interest, Michelle M. Wu

Seattle Journal of Technology, Environmental, & Innovation Law

No abstract provided.

Waterloo Sparkling Water And The Natural Zone Of Expansion: How Trademark Rights Can Bubble Over, Amari K. Wilson

Texas A&M Law Review

As markets expand and competitors adapt, trademark owners are forced to broaden the scope of the goods or services that are offered under their marks. But what happens when a business decides to venture into other industries in the future? How far should its initial trademark protection extend? The natural zone of expansion doctrine—as it applies to trade—seeks to answer these questions.

In Waterloo Sparkling Water Corp., Waterloo had existing senior trademark rights to its mark for sparkling water beverages, but the district court declined to extend protection for the mark’s use in connection with alcoholic seltzers. While there …

Why Libraries Matter Now More Than Ever To Democracy: Legal And Policy Issues Affecting The Future Of Public Knowledge, Margaret Chon

Seattle Journal of Technology, Environmental, & Innovation Law

No abstract provided.

Beyond The Library Of Congress: The Federal Library Ecosystem As Democratic Information Infrastructure, Nancy E. Weiss

Seattle Journal of Technology, Environmental, & Innovation Law

No abstract provided.

The Library Of Congress At A Crossroads: Executive Overreach And The Future Of Public Knowledge, Leslie A. Street, Amanda Runyon

Seattle Journal of Technology, Environmental, & Innovation Law

No abstract provided.

The Library Of Congress’S Essential Role In Digital Preservation: Reconceiving Mandatory Deposit After Valancourt, Dave Hansen

Seattle Journal of Technology, Environmental, & Innovation Law

As the published record shifts to digital formats, the mechanisms that have ensured long-term preservation are breaking down. Most libraries acquire digital materials through licensing agreements that prohibit preservation copying, format migration, and interlibrary loan—contractually overriding the exceptions Congress enacted in the Copyright Act. The Library of Congress occupies a unique position: Through statutory deposit under 17 U.S.C. §§ 407 and 408, it collects copyrighted works pursuant to federal law rather than license agreements, and deposited copies become federal property under § 704, free from contractual restrictions. This Article examines how the Library’s deposit authority can be strengthened after the …

How Licensing Compromised The Library, Aaron Perzanowski

Seattle Journal of Technology, Environmental, & Innovation Law

No abstract provided.

No Cuts: How Hayao Miyazaki Highlights The United States’ Inadequacy In Protecting Foreign Authors’ Integrity, Bridget Johns

UC Law SF Communications and Entertainment Journal

Although the United States joined the Berne Convention in 1989, U.S. copyright law reflects a restricted approach to moral rights protection. Unlike many Berne signatories, the U.S. largely frames copyright as an economic right rather than as a way to protect artistic integrity. Japanese law, by contrast, treats moral rights as central to creative work protections, emphasizing the importance of the work’s dignity and author’s intent. This incongruity has significant consequences in the globalized era, particularly when foreign works are distributed within the U.S. Weak statutory moral rights protections leave authors vulnerable to misattribution and distortion without meaningful recourse. This …

What The Court Tells Reporters: A Discourse Analysis Of Press Interviews With The Justices Since 2000, Brown James

UC Law SF Communications and Entertainment Journal

The Supreme Court of the United States is among the most influential institutions in American life, yet it is also well known to be one of the most secluded and inaccessible. By and large, the justices only pass their thoughts and decision-making processes to the public via their official written opinions, and seldom grant interviews to reporters. General press coverage of the Court has been given considerable scholarly attention, but the limited interviews the justices grant to the press receive comparatively little attention. This article examines those interviews by analyzing 82 press interviews with active and retired justices from 2000 …

Masthead

UC Law SF Communications and Entertainment Journal

No abstract provided.

Copyright In Film Adaptations: Protecting Moral Rights In The Age Of The Internet, Amanda Mell

UC Law SF Communications and Entertainment Journal

No abstract provided.

Mama Meant To Make You Cry: Who Protects Children From Their Parents’ Social Media Rage Bait?, Danya Hajjaji

UC Law SF Communications and Entertainment Journal

No abstract provided.

Patentability Of Ai-Assisted Inventions: Guidance, Case Law, And A Roadmap Forward, Zhipeng Zhu

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Molecules And Monoclonals: The Two-Tiered Patent System, Candi L. Lasarge Ph.D.

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Against The Whistle: How Congress Can Stop Sports Piracy, Julianna Kapovic

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Generative Ai Training And Fair Use: Can Chatgpt Turn Your Favorite Meme Into A Stupid Ghibli Animation?, Liam Donovan

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Click To Agree: Reassessing Minors' Persona Rights In The Age Of Monetized Social Media, Mackenzie Custer

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

When Knowledge Isn't Free: Legal And Ethical Imperatives Of Protecting Indigenous Intellectual Property, Claire Courter

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Policing The Perils Of Online Dating: Harassment, Scams, Dark Patterns, Monopoly, And Perverse Incentives, Kevin Chamow

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

All Rights Reserved . . . For Disney: Corporate Mouse Traps, A Frozen Public Domain, And How A.I. May Usher In A Whole New World For Copyright, Matthew A. Shatto

Mercer Law Review

Copyright, as a body of law, is a recent development in the human consciousness, originating in 1710 with England’s Statute of Anne. Nevertheless, in the three hundred years that followed, more copyright laws were enacted than murder statutes throughout recorded history. With these successive statutes, corporations have effectuated the largest land grab ever seen. Modern copyright law is the elephant in the room in discussions of wealth inequality, perpetuating evil inside and between countries. Moreover, it has deprived humanity of cultural roots, locking ideas behind a paywall that funnels wealth to the few and stymies ingenuity through the sterilization of …