Law Commons^™

Beyond Section 230 Liability For Facebook, Nancy S. Kim

Articles

No abstract provided.

Adhesive Terms And Reasonable Notice, Nancy S. Kim

Articles

This Article challenges the conceptualization of adhesive forms as contracts and introduces a taxonomy of adhesive terms. It argues that this classification system should be used to determine which adhesive terms are in fact contractual rather than depending upon the self-serving “contracts” label that businesses use to identify their terms. Even if contract law is not the proper framework, torts, property, and other legal and regulatory regimes may determine the enforceability and effect of adhesive terms.

Thus, this Article is both a deconstruction of standard form contracts and a reconstruction. Courts typically apply the standard of reasonable notice to assess …

Copyright Notice

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Considerations For Means-Plus-Function Construction, Michelle Aspen

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Chicago-Kent Journal Of Intellectual Property Editorial Board 2021-2022

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Table Of Contents

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Ptab Bar Editorial Board

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Review Of Post-Arthrex Handling Of Pending Federal Circuit Appeals With Appointment Clause Challenges, Matthew Johnson, John Evans, Hannah Mehrle

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Vol. 38, No. 4, Jane Flanagan, Scott Lerner

The Illinois Public Employee Relations Report

Pandemic State: Navigating the State of Illinois' Response to the Challenges of Covid-19 in the Workplace

by Jane Flanagan and Scott Lerner

Recent Developments

Protecting Data Privacy For Mobile Payments Under The Chinese Law: Comparative Perspectives And Reform Suggestions, Robin Hui Huang, Qiang Han, Xiuwen Zhu

Chicago-Kent Journal of Intellectual Property

China has become one of the largest mobile payment markets in the world. While mobile payments bring great benefits such as convenience, flexibility, and efficiency, they are not without risks. This article focuses on one of the major risks, namely the data privacy risk, which is in large part caused and exacerbated by the involvement of multiple players and the extensive collection of personal information. There were some difficulties in protecting data privacy under the traditional legal framework, which was developed in a piecemeal manner with relevant provisions scattered around many different laws. In response, China has been trying to …

Leaving The Best Of Artists And Authors Helpless, Lin Manuel-Miranda's Hamilton Illustrates How The Fair Use Test Is Too Gray, Lauren M. Hausman

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Copyright Notice, Chicago-Kent Journal Of Intellectual Property

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Chicago-Kent Journal Of Intelletual Property Editorial Board 2020-2021, Chicago-Kent Journal Of Intellectual Property

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Patents Are Not Probabilities: Refuting The Probabilistic Patent Theory, Bryan Gant

Chicago-Kent Journal of Intellectual Property

The probabilistic patent theory espoused by Carl Shapiro and Mark Lemley suggests that the lawful term of a patent is limited by the probability that the patent will be held valid and enforceable. For example, under this theory a patent with a 60% chance of being held valid and enforceable would lawfully grant 60% of a statutory patent term; any enforcement beyond that point would risk violating the antitrust laws. This article explains that Shapiro and Lemley’s theory has at least three fatal flaws: First, it depends on a “judicially-created” view of patents the Supreme Court has since rejected in …

Table Of Contents, Chicago-Kent Journal Of Intellectual Property

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Alice At Six: Patent Eligibility Comes Of Age, Mark A. Perry, Jaysen S. Chung

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Establishment And Use Of Non-Exclusive Factors To Deny Institution Under §§ 314(A) And 325(D), Scott Seeley, Tim Seeley

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Editorial Board

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Table Of Contents

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Can Competition Considerations Trump Trademarks Rights?, Ioannis Kokkoris

Chicago-Kent Journal of Intellectual Property

Competition law has in the past tended to see suspiciously the protection of trademark as directly opposed to the goals of competition law. As this paper shows this view has been abandoned and substituted by a more synthetic approach in which the goals of trademark law and competition law are not incompatible but may be pursued conjunctly. The paper discusses the importance and practical feasibility of striking a balance between competition law and trademark rights, with a specific attention to the specificities of trademarks. The paper will focus on the issue of the compatibility between the goals of trademark law …

Narrowing The Universe: A Machine Learning Approach To Patent Clearance, Rebecca Weires, Joshua Rosefelt, Katelyn Meylor, Stephanie Shim, Lindsay Chong

Chicago-Kent Journal of Intellectual Property

Companies cannot reliably predict which patents are likely to be asserted against them. If they could, they would be better able to quantify and mitigate their own patent infringement risk. We used machine learning methods, informed by legal scholars’ understanding of relevant patent traits, to improve on prior attempts to predict litigation. We built primarily on Colleen Chien’s Predicting Patent Litigation. Chien used traits from a patent’s legal history and developed a method of prediction based on the traits acquired before litigation, but not after. She demonstrated that the traits acquired before litigation are useful predictors. Evaluating Chien’s approach, we …

Ai Output: A Human Condition That Should Not Be Protected Now, Or Maybe Ever, Xiao Wang

Chicago-Kent Journal of Intellectual Property

AI is usually considered to be a form of automatic and autonomous work, but when applied to the creation of literary and artistic works, challenges arise in deciding whether the AI is the de facto author of its output and whether AI outputs or AI-generated products should be protected under the copyright system. This article argues that these outputs should be human creations because the working principles of AI determine that AI functions merely as a mathematical tool applied by humans to not only conceive of but also to execute the creation of AI outputs. The creativity reflected in these …

Insights From The First Year Of The Uspto's New Motion To Amend Pilot Program, Brooke M. Wilner, Amanda K. Murphy, Ph.D.

Chicago-Kent Journal of Intellectual Property

No abstract provided.

#Omg - Omissions As Media Gaffes: Endorsements In Social Media Advertisements And Influencers' Disclosure Obligations, Maximillian Plail

Chicago-Kent Journal of Intellectual Property

Court decisions in Germany tend to draw little media interest, but an exception to this comes in the form of decisions relating to disclosure obligations on social media, such as the recent case involving Cathy Hummels. Due to enforcement issues and the paucity of damages awarded to individual and companies, there is a significant lack of literature on this field of law. As a consequence, this study, which compares the U.S. and Germany while also proposing how, exactly, the law needs to change, is unique. Hardly any other area of law is home to this much ambiguity that affects such …

The Situation Of Orphan Works Under Different Jurisdictions, Bzhar Abdullah Ahmed

Chicago-Kent Journal of Intellectual Property

The article analyses the situation of orphan works solutions under several different international jurisdictions, examining each jurisdiction in turn. Various solutions for addressing the problem of orphan works are provided by the jurisdiction of each country, the most comprehensive scheme being offered by the law of the United Kingdom. The UK provides three types of solution: an exceptions-based model, compulsory licensing and extended collective licensing. The author demonstrates that as this problem largely has emerged with the proliferation of technology, some countries have not considered orphan works an issue serious enough to take steps to address. Some countries are still …

Copyright Notice

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Editor Preface, Melissa Bulshteyn

Seventh Circuit Review

No abstract provided.

Facebook Message Not Delivered: Employers May Challenge Authorization Of Flsa Collective Action Notice Arbitration-Bound Employees, Roberto Martinez

Seventh Circuit Review

When a plaintiff seeks to send notification of his Fair Labor Standards Act claim to a collective class of potential plaintiffs, the district court must authorize which recipients may receive this notice. Ordinarily, the court determines that employees of the same position or under the same employer receive collective action notice, but may a district court authorize mailing of notice to employees proven to have signed mandatory arbitration agreements? In Bigger v. Facebook, Inc., the Seventh Circuit Court of Appeals held that if a defendant-employer proves that specific employees have entered mandatory arbitration agreements, they may not receive FLSA court …

Standing On One Leg: Balancing College Students' Free Speech With Article Iii Requirements In The Seventh Circuit, Mary J. Goers

Seventh Circuit Review

First Amendment free speech protections are all the rage across college campuses. Students and administrations have done their best to toe the line and create equitable, safe spaces for students to freely debate and converse about political and controversial topics. Administrations implement policies that aid students in addressing issues of racism, bias, and bigotry on campus, however some students feel as though these policies are a free speech attack. While this may be true, Free Speech, Inc. v. Killeen, a recent Seventh Circuit decision, discussed standing as a procedural roadblock for students who claimed their speech was chilled by administrative …

Vol. 38, No. 3, Tom Bradley, Mark Bennett, John R. Russell

The Illinois Public Employee Relations Report

Interest Arbitration during Economic and Social Crisis

By Tom Bradley, Mark Bennett, and John R. Russell

Recent Developments