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University of Cincinnati College of Law

The University of Cincinnati Intellectual Property and Computer Law Journal

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Full-Text Articles in Law

The Unregulated World Of Your Most Personal Of Personal Information: A Proposal For A Federal Biometric Information Privacy Law, Isabel M. Vuyk Mar 2024

The Unregulated World Of Your Most Personal Of Personal Information: A Proposal For A Federal Biometric Information Privacy Law, Isabel M. Vuyk

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


Protecting The Beanstalk: Folklore As Traditional Cultural Expressions, Ainsley E. Marlette Mar 2024

Protecting The Beanstalk: Folklore As Traditional Cultural Expressions, Ainsley E. Marlette

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


Why Outlaw Laws?: An Argument For A Probationary Period For Lethal Autonomous Weapons Systems Under Meaningful Human Control., Katherine E. Vuyk Mar 2024

Why Outlaw Laws?: An Argument For A Probationary Period For Lethal Autonomous Weapons Systems Under Meaningful Human Control., Katherine E. Vuyk

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


That’S Going To Leave A Mark: The Effect Of Trademark Law On Colleges And Universities, Bryn Ericksen Feb 2023

That’S Going To Leave A Mark: The Effect Of Trademark Law On Colleges And Universities, Bryn Ericksen

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


Dirty Little Secrets: The Constitutional Feasibility Of Implementing Legislation To Compel Licensing Of Trade Secrets To End The Covid-19 Pandemic, Noah Olson Apr 2022

Dirty Little Secrets: The Constitutional Feasibility Of Implementing Legislation To Compel Licensing Of Trade Secrets To End The Covid-19 Pandemic, Noah Olson

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


An "Opensea" Of Infringement: The Intellectual Property Implications Of Nfts, Madison Yoder Apr 2022

An "Opensea" Of Infringement: The Intellectual Property Implications Of Nfts, Madison Yoder

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


Losing Dignity: Eroding Privacy Rights Of Immigrants In Technology-Based Immigration Enforcement, Inma Sumaita Apr 2022

Losing Dignity: Eroding Privacy Rights Of Immigrants In Technology-Based Immigration Enforcement, Inma Sumaita

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


Infringement, She Wrote: The Intellectual Property Rights Of Victims In True Crime Craze, Laura Callihan Apr 2022

Infringement, She Wrote: The Intellectual Property Rights Of Victims In True Crime Craze, Laura Callihan

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


The Patentability Of Inventions With Artificial Intelligence Listed As An Inventor Following Thaler V. Hirshfeld, Kaitlyn Taylor Apr 2022

The Patentability Of Inventions With Artificial Intelligence Listed As An Inventor Following Thaler V. Hirshfeld, Kaitlyn Taylor

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


Stifling Dissent Or Enforcing Rules? The State Of Speech Rights In Online Forums, Noah Olson Dec 2021

Stifling Dissent Or Enforcing Rules? The State Of Speech Rights In Online Forums, Noah Olson

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


“Storytime: We’Re Being Sued” – Copyright Infringement And Fair Use In The Digital Era, Mikayla Spencer Dec 2021

“Storytime: We’Re Being Sued” – Copyright Infringement And Fair Use In The Digital Era, Mikayla Spencer

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


The Importance Of Being Earnestly Innovative: The Increasing Role Of Intellectual Property Law In The Global Economy, Inma Sumaita Dec 2021

The Importance Of Being Earnestly Innovative: The Increasing Role Of Intellectual Property Law In The Global Economy, Inma Sumaita

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


Intellectual Property & National Security, James Morrison Dec 2021

Intellectual Property & National Security, James Morrison

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


The Patentability Of Antibodies For Use In Medications After Amgen V. Sanofi, Kaitlyn Taylor Dec 2021

The Patentability Of Antibodies For Use In Medications After Amgen V. Sanofi, Kaitlyn Taylor

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


Copyright Claims And Constitutional Games: The Constitutionality Of The Copyright Claims Board Following The Supreme Court Ruling In Arthrex, Laura Callihan Dec 2021

Copyright Claims And Constitutional Games: The Constitutionality Of The Copyright Claims Board Following The Supreme Court Ruling In Arthrex, Laura Callihan

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


What We Don’T Know About Intellectual Property: A Comparative Review Of Intellectual Property In The United States And Afghanistan, Zamira Saidi Dec 2021

What We Don’T Know About Intellectual Property: A Comparative Review Of Intellectual Property In The United States And Afghanistan, Zamira Saidi

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


Strategic Lawsuits Against Public Participation In The Age Of Online Speech: The Relevance Of Anti-Slapp And Anti-Cyberslapp Legislation, Lauren Merk Dec 2020

Strategic Lawsuits Against Public Participation In The Age Of Online Speech: The Relevance Of Anti-Slapp And Anti-Cyberslapp Legislation, Lauren Merk

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


Information Crossroads: Intersection Of Military And Civilian Interpretations Of Cyber Attack And Defense, Carlos Plazas Dec 2020

Information Crossroads: Intersection Of Military And Civilian Interpretations Of Cyber Attack And Defense, Carlos Plazas

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


The Double-Edged Sword Of Medical Patents: How Monopolies On Healthcare Products Disparately Impact Certain American Populations, Sarah Mcgraw Nov 2020

The Double-Edged Sword Of Medical Patents: How Monopolies On Healthcare Products Disparately Impact Certain American Populations, Sarah Mcgraw

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


What The Supreme Court Is Likely To Do In The Presently Pending Case Google V. Oracle, Jennifer Campbell Nov 2020

What The Supreme Court Is Likely To Do In The Presently Pending Case Google V. Oracle, Jennifer Campbell

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


Can David Really Beat Goliath? A Look Into The Anti-Competitive Restrictions Of Apple Inc. And Google, Llc, Emily Feeley Nov 2020

Can David Really Beat Goliath? A Look Into The Anti-Competitive Restrictions Of Apple Inc. And Google, Llc, Emily Feeley

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


Harmonizing The Tension Between The First Amendment And Publicity Rights And Finding The Right Balance: Discerning How Much Freedom Is Warranted And What Needs Protection, William Buchsbaum Apr 2018

Harmonizing The Tension Between The First Amendment And Publicity Rights And Finding The Right Balance: Discerning How Much Freedom Is Warranted And What Needs Protection, William Buchsbaum

The University of Cincinnati Intellectual Property and Computer Law Journal

This paper examines the tension between the First Amendment and Publicity Rights considering why and how friction is emerging, the legal underpinnings and theories behind the development of publicity rights and how to reconcile this with values raised in support of the First Amendment. This collision course of rights occurs where property interests have vested in human identity itself which brings us face to face with the outer limits of free speech and expression under the First Amendment and evens tests the notion of how we define speech. The paper takes a dive into some of the currently arising issues …


The Court Must Play Its Interpretative Role: Defending The Defend Trade Secrets Act’S Extraterritorial Reach, Jada M. Colon Apr 2018

The Court Must Play Its Interpretative Role: Defending The Defend Trade Secrets Act’S Extraterritorial Reach, Jada M. Colon

The University of Cincinnati Intellectual Property and Computer Law Journal

The exact reach of the Defend Trade Secrets Act’s extraterritoriality provision has yet to be interpreted by the courts. If United States securities, trademark, and antitrust law serves as any indication of what is to be expected, the Defend Trade Secrets Act may be subject to an inconsistent array of interpretation. When faced with interpreting the extraterritorial scope of the Defend Trade Secrets Act for the first time, the court must set a strong precedent by enacting a single, uniform effects test that will not falter when applied in different circumstances and by different circuits. Courts interpreting United States securities, …


Our Time Is Better Spent Influencing Future Disruption: A Call To End The Indiscriminate War Against Self-Help Legal Technology, Olivia Holder Sep 2016

Our Time Is Better Spent Influencing Future Disruption: A Call To End The Indiscriminate War Against Self-Help Legal Technology, Olivia Holder

The University of Cincinnati Intellectual Property and Computer Law Journal

Under the guise of consumer protection, lawyers and bar associations have used disparate litigious mechanisms to thwart, inadvertently or not, the use of self-help legal technology. This paper will demonstrate that such adversity is not logical after a consideration of the technical functions that the software performs and unduly restricts underserved populations’ access to the law because of the misapplication of policy to vaguely worded laws. This paper will provide a thorough analysis of legal action taken against the high-profile company LegalZoom under the theory of unauthorized practice of law provides direct support of this claim. Summary and critique of …


Jay-Z Has 99 Problems But A Sample Ain’T One, Rebecca Knight Jul 2016

Jay-Z Has 99 Problems But A Sample Ain’T One, Rebecca Knight

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


National Security Or Consumer Privacy? A Question Even Siri Couldn’T Answer, Rebecca Knight May 2016

National Security Or Consumer Privacy? A Question Even Siri Couldn’T Answer, Rebecca Knight

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


Celebrities’ Expansive “Right Of Publicity” Infringes Upon Advertisers’ First Amendment Rights, Jon Siderits Mar 2016

Celebrities’ Expansive “Right Of Publicity” Infringes Upon Advertisers’ First Amendment Rights, Jon Siderits

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


Ttab Decisions No Longer The “Red-Headed Stepchild” Of Precedential Authority, Rebecca Knight Mar 2016

Ttab Decisions No Longer The “Red-Headed Stepchild” Of Precedential Authority, Rebecca Knight

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


Requiring Plaintiffs To Prove Irreparable Harm: “It Isn’T Right.” (Herb Reed Enters, Llc V. Fla Entm’T Mgmt. Inc. (9th Cir.2013)), Anthony Kremer Jan 2016

Requiring Plaintiffs To Prove Irreparable Harm: “It Isn’T Right.” (Herb Reed Enters, Llc V. Fla Entm’T Mgmt. Inc. (9th Cir.2013)), Anthony Kremer

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.


Dueling Monologues On The Public Domain: What Digital Copyright Can Learn From Antitrust, Timothy K. Armstrong Jan 2016

Dueling Monologues On The Public Domain: What Digital Copyright Can Learn From Antitrust, Timothy K. Armstrong

The University of Cincinnati Intellectual Property and Computer Law Journal

This article, written for the inaugural volume of the University of Cincinnati Intellectual Property and Computer Law Journal, explores the disconnect between contemporary United States intellectual property law and the often quite different consensus views of disinterested expert opinion. Questions concerning how copyright law treats the public domain (that is, uncopyrighted material) supply a lens for comparing the law as it stands with the law as scholars have suggested it should be. The ultimate goal is to understand why a quarter century of predominantly critical scholarship on intellectual property seems to have exerted such limited influence on Congress and …