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The Curse Of "Copying", 7 J. Marshall Rev. Intell. Prop. L. 296 (2008), Kenneth R. Adamo, Ryan B. Mccrum, Susan M. Gerber Jan 2008

The Curse Of "Copying", 7 J. Marshall Rev. Intell. Prop. L. 296 (2008), Kenneth R. Adamo, Ryan B. Mccrum, Susan M. Gerber

UIC Review of Intellectual Property Law

The concept of “copying” has long been involved with various aspects of intellectual property law, particularly in regard to patents and trademarks. In the absence of legally determined exclusive rights, “copying” is permitted, and is in fact, encouraged. However, because the term “copying” carries an undercurrent of disapproval and unfavorable practices, it is a favorite of patentees looking to portray an accused infringer in the most negative light, especially before a jury. Hence, the curse of “copying.” This article will review the current state of “copying” by addressing the substantive precedent in areas where “copying” has traditionally had a substantive …


Feca Matter: An Epic Copyright Infringement Trial, Congressional Interference, And The Diminution Of Moral Rights In The United States Of America, 7 J. Marshall Rev. Intell. Prop. L. 376 (2008), Jacob Armstrong Jan 2008

Feca Matter: An Epic Copyright Infringement Trial, Congressional Interference, And The Diminution Of Moral Rights In The United States Of America, 7 J. Marshall Rev. Intell. Prop. L. 376 (2008), Jacob Armstrong

UIC Review of Intellectual Property Law

Film directors suffered a setback in their collective efforts to maintain the integrity of their films after they are released to the public. In 2005, Congress passed the Family Entertainment Copyright Act, which contained the Family Movie Act, a piece of safe harbor legislation designed to save certain businesses and business practices from ongoing litigation. This Act was not only legislative interference with an ongoing trial, but also served to remove the topic of moral rights from public dialogue. Repealing the Family Movie Act would be a step towards affording directors the ability to prevent misattribution and mutilation of their …


Three Questions That Will Make You Rethink The U.S.-China Intellectual Property Debate, 7 J. Marshall Rev. Intell. Prop. L. 412 (2008), Peter K. Yu Jan 2008

Three Questions That Will Make You Rethink The U.S.-China Intellectual Property Debate, 7 J. Marshall Rev. Intell. Prop. L. 412 (2008), Peter K. Yu

UIC Review of Intellectual Property Law

Commentators have attributed China’s piracy and counterfeiting problems to the lack of political will on the part of Chinese authorities. They have also cited the many political, social, economic, cultural, judicial, and technological problems that have arisen as a result of the country’s rapid economic transformation and accession to the WTO. This provocative essay advances a third explanation. It argues that the failure to resolve piracy and counterfeiting problems in China can be partly attributed to the lack of political will on the part of U.S. policymakers and the American public to put intellectual property protection at the very top …


Making A Federal Case For Copyrighting Stage Directions: Einhorn V. Mergatroyd Productions, 7 J. Marshall Rev. Intell. Prop. L. 393 (2008), Jennifer J. Maxwell Jan 2008

Making A Federal Case For Copyrighting Stage Directions: Einhorn V. Mergatroyd Productions, 7 J. Marshall Rev. Intell. Prop. L. 393 (2008), Jennifer J. Maxwell

UIC Review of Intellectual Property Law

To date, no court has ruled on whether stage directions are copyrightable. Einhorn v. Mergatroyd Productions is the most recent case to directly address the copyrightability of stage directions and blocking scripts. However, the court was unable to decide the copyright issue because both parties to the suit failed to address a series of questions necessary to the resolution of the claim. Nonetheless, the Einhorn decision gives hope to future directors because it highlights the issues crucial to proving a case of copyright infringement of stage directions. This comment advocates for the copyright protection of stage directions that fulfill the …


Justice Breyer's Bicycle And The Ignored Elephant Of Patent Exhaustion: An Avoidable Collision In Quanta V. Lge, 7 J. Marshall Rev. Intell. Prop. L. 245 (2008), John W. Osborne Jan 2008

Justice Breyer's Bicycle And The Ignored Elephant Of Patent Exhaustion: An Avoidable Collision In Quanta V. Lge, 7 J. Marshall Rev. Intell. Prop. L. 245 (2008), John W. Osborne

UIC Review of Intellectual Property Law

The Supreme Court held in United States v. Univis Lens Co. that the authorized disposition of an article embodying the essential features of a patent claim exhausts that claim. The Federal Circuit’s LGE v. Bizcom decision, currently under review by the Supreme Court in Quanta v. LGE, improperly held that patent exhaustion could be disclaimed by contract. Patent exhaustion is a limitation on statutory rights which cannot be expanded by contract. Moreover, Quanta v. LGE is governed by the contributory infringement statute. Contributory infringement and exhaustion are opposite ends of the same principle in the Quanta v. LGE factual scenario. …


Duty To Disclose: Dayco Products V. Total Containment, 7 J. Marshall Rev. Intell. Prop. L. 325 (2008), Tom Brody Jan 2008

Duty To Disclose: Dayco Products V. Total Containment, 7 J. Marshall Rev. Intell. Prop. L. 325 (2008), Tom Brody

UIC Review of Intellectual Property Law

The duty to disclose, as set forth by 37 C.F.R. § 1.56 and case law from the Federal Circuit, should be followed during the prosecution of all patent applications. This duty requires that inventors and their attorneys provide the United States Patent and Trademark Office with a list identifying relevant publications, patent applications, patents, legal proceedings, written rejections from patent examiners, and sales, both public and confidential. “Relevant” means relevant to the claims. The consequences of failing in this duty can be severe, namely, a holding of inequitable conduct. Inequitable conduct, in the patenting context, requires two prongs—materiality of the …


Trademarks And The Beijing Olympics: Gold Medal Challenges, 7 J. Marshall Rev. Intell. Prop. L. 433 (2008), Doris E. Long Jan 2008

Trademarks And The Beijing Olympics: Gold Medal Challenges, 7 J. Marshall Rev. Intell. Prop. L. 433 (2008), Doris E. Long

UIC Review of Intellectual Property Law

There is no question that the Summer Olympics in Beijing pose a tremendous marketing opportunity. They also pose a great opportunity for the development of effective techniques for enforcing intellectual property rights. China has already enacted special regulations governing the protection of Olympic symbols and has established special regulations governing the enforcement of those regulations. Yet many of the cultural and political issues that impact China’s enforcement activities in other arenas (including counterfeiting and piracy of IP protected goods and services) remain problematic. Furthermore, while the Olympic symbols may be the subject of heightened protection, cultural perceptions of the differences …


Virtual China, 7 J. Marshall Rev. Intell. Prop. L. 469 (2008), Steven Hetcher Jan 2008

Virtual China, 7 J. Marshall Rev. Intell. Prop. L. 469 (2008), Steven Hetcher

UIC Review of Intellectual Property Law

Although the Chinese government has devoted significant resources to censoring the online activities of its citizens, it may soon be facing a new challenge. Virtual-world computer games in which player controlled personas interact in cyberspace are growing in both sophistication and popularity. In such games, the very actions of the characters may represent banned themes which unfold in real time. These lucrative games do not lend themselves to the traditional text-based censorship techniques and site blocking may not be feasible for economic reasons. A deeper understanding of the threat virtual-world gaming represents to Chinese censorship efforts can be gained by …


The Paradox Of Confucian Determinism: Tracking The Root Causes Of Intellectual Property Rights Problem In China, 7 J. Marshall Rev. Intell. Prop. L. 454 (2008), Wei Shi Jan 2008

The Paradox Of Confucian Determinism: Tracking The Root Causes Of Intellectual Property Rights Problem In China, 7 J. Marshall Rev. Intell. Prop. L. 454 (2008), Wei Shi

UIC Review of Intellectual Property Law

This article attempts to track China’s intellectual property rights (“IPR”) enforcement problem through exploring its fundamental institutional defects that fuels impunity of, or at least fails instilling an ethos hostile to, IPR infringements. By examining China’s philosophical and institutional predisposition, this article argues that counterfeiting and piracy are not problems caused by the Confucian ethics, as the conventional wisdom underscores, but rather, among other things, a unique political phenomenon resulting from the systemic dystrophy fundamental to the institutional development. This article concludes that, to a large extent, the IPR enforcement problems in China are attributed to its unique bureaucracy characterized …


A Comparison Between The Judicial And Administrative Routes To Enforce Intellectual Property Rights In China, 7 J. Marshall Rev. Intell. Prop. L. 529 (2008), Jeffery M. Duncan, Michelle A. Sherwood, Yuanlin Shen Jan 2008

A Comparison Between The Judicial And Administrative Routes To Enforce Intellectual Property Rights In China, 7 J. Marshall Rev. Intell. Prop. L. 529 (2008), Jeffery M. Duncan, Michelle A. Sherwood, Yuanlin Shen

UIC Review of Intellectual Property Law

Over the past two decades, a sophisticated intellectual property law system has developed in support of China’s transition to economic superpower. In today’s global economy, it is crucial that international marketers understand how to navigate this new system to best protect their intellectual property rights. China allows for two distinct procedures by which intellectual property assets may be protected, one judicial and the other administrative. Each choice holds distinct advantages and disadvantages for a party seeking to enforce its rights. Making the best choice involves familiarization with the particulars of each procedure and gauging the likelihood of a successful outcome. …


Rediscovering The Doctrine Of Marking Estoppel After Medimmune: Balancing The Public Interest And Private Rights, 7 J. Marshall Rev. Intell. Prop. L. 573 (2008), Michael D. Karson Jan 2008

Rediscovering The Doctrine Of Marking Estoppel After Medimmune: Balancing The Public Interest And Private Rights, 7 J. Marshall Rev. Intell. Prop. L. 573 (2008), Michael D. Karson

UIC Review of Intellectual Property Law

Marking is the act of placing a patent number on a product or its packaging. The doctrine of marking estoppel deals with whether the act of marking will preclude denials of patent infringement or patent validity challenges. This comment reviews the history of marking estoppel and determines that although the Federal Circuit has expressed reservations about the doctrine, marking estoppel remains viable. This comment argues that marking estoppel should preclude a marking party from denying patent infringement when the marking party has acted with scienter and the asserting party has come to court with clean hands. However, because of the …


Striking The "Rights" Balance Among Private Private Incentives And Public Fair Uses In The United States And China, 7 J. Marshall Rev. Intell. Prop. L. 488 (2008), Llewellyn Joseph Gibbons, Xiao Li Wang Jan 2008

Striking The "Rights" Balance Among Private Private Incentives And Public Fair Uses In The United States And China, 7 J. Marshall Rev. Intell. Prop. L. 488 (2008), Llewellyn Joseph Gibbons, Xiao Li Wang

UIC Review of Intellectual Property Law

Any economically efficient intellectual property rights system must contain a balance between the required creativity and innovation needed to obtain the intellectual property rights and the economic investment needed to obtain that level of creativity. Most intellectual property rights systems are uniform across all industries. However, this results in inefficiencies in certain industries that may need more or less intellectual property rights protection than others. Governments that attempt to correct the inefficiencies can create long-term consequences in the quality or quantity of new creative works. On one hand, granting more intellectual property rights to certain industries may result in spoilage …


Why Pay For What's Free?: Minimizing The Patent Threat To Free And Open Source Software, 7 J. Marshall Rev. Intell. Prop. L. 595 (2008), Kirk D. Rowe Jan 2008

Why Pay For What's Free?: Minimizing The Patent Threat To Free And Open Source Software, 7 J. Marshall Rev. Intell. Prop. L. 595 (2008), Kirk D. Rowe

UIC Review of Intellectual Property Law

The growing popularity of free and open source software as a viable alternative to proprietary software has made it an unwitting participant in an inevitable intellectual property law confrontation that will pit patent against copyright. Where proprietary software is primarily protected by patents, which seek to exclude others from the use of specific ideas, open source software utilizes a variation of copyright protection, which seeks to force the inclusion rather than the exclusion of third parties’ access to expression. Because these methods of protection are as different as the software models themselves, it is difficult to predict the outcome of …


The Controversy Surrounding Continuing Applications And Requests For Continued Examination, 7 J. Marshall Rev. Intell. Prop. L. 545 (2008), Scott D. Barnett Jan 2008

The Controversy Surrounding Continuing Applications And Requests For Continued Examination, 7 J. Marshall Rev. Intell. Prop. L. 545 (2008), Scott D. Barnett

UIC Review of Intellectual Property Law

On August 21, 2007, the USPTO published new rules altering the manner in which continuing applications and requests for continued examination could be filed. These new rules represented a drastic departure from traditional practice, and consequently, generated a considerable reaction from the patent community. While some members of the patent community supported the new rules, many others felt that the rules would be insufficient in promoting the USPTO’s goals, and served mainly as an unnecessary roadblock to good-faith patent prosecution. Prior to the rules going into effect, they were challenged in the case Tafas v. Dudas. In Tafas, the district …


Post-Quanta, Post-Sale Patentee Controls, 7 J. Marshall Rev. Intell. Prop. L. 682 (2008), Harold C. Wegner Jan 2008

Post-Quanta, Post-Sale Patentee Controls, 7 J. Marshall Rev. Intell. Prop. L. 682 (2008), Harold C. Wegner

UIC Review of Intellectual Property Law

In Quanta Computer, Inc. v. LG Electronics, Inc., the Supreme Court recalibrated the balance between the rights of a patentee to contractually control the post-sale transfer and the use of patented goods. Specifically, the Court extended the doctrine of patent exhaustion to cover the exhaustion of patents not recited in the license, as well as the practice of technology that does not infringe any patent, but which can only be used in a manner by customers that would infringe a patent. While Quanta arose out of facts concerning computer technology, the implications of this decision will be widespread, permeating diverse …


Copyright Misuses, Fair Use, And Abuse: How Sports And Media Companies Are Overreaching Their Copyright Protections, 7 J. Marshall Rev. Intell. Prop. L. 621 (2008), Cory Tadlock Jan 2008

Copyright Misuses, Fair Use, And Abuse: How Sports And Media Companies Are Overreaching Their Copyright Protections, 7 J. Marshall Rev. Intell. Prop. L. 621 (2008), Cory Tadlock

UIC Review of Intellectual Property Law

A recent FTC complaint has generated questions about the legality and effects of blanket copyright warnings issued by large sports and media companies. Copyright warnings from the NFL, MLB, and major motion picture studios often assert that no use whatsoever of their materials can be made without express permission, contrary to several provisions of U.S. copyright law. This comment proposes limiting the content and language of such warnings so consumers have a clearer view of what copyright law allows, and are not intimidated into foregoing their rights to use protected works. Exceptions like fair use and the idea-expression dichotomy prevent …


Must The Jury Reach A Verdict? The Constitutionality Of Eliminating Juries In Patent Trials By Creating An Article I Tribunal, 7 J. Marshall Rev. Intell. Prop. L. 754 (2008), Daniel P. Sullivan Jan 2008

Must The Jury Reach A Verdict? The Constitutionality Of Eliminating Juries In Patent Trials By Creating An Article I Tribunal, 7 J. Marshall Rev. Intell. Prop. L. 754 (2008), Daniel P. Sullivan

UIC Review of Intellectual Property Law

The February 2007 jury verdict against Microsoft totaling $1.52 billion marked the largest in a patent case ever, following the prevailing trend of juries awarding extraordinarily high damages. Because patent law deals with complex technology and complicated issues of fact and law, and because empirical evidence concludes that juries have significant biases in favor of patentees and against alleged infringers, this comment calls into question whether or not twelve lay persons are sufficiently equipped to handle patent trials. In lieu of juries rendering verdicts in patent trials – and even in lieu of U.S. District Court judges adjudicating patent trials …


Protection Of U.S. Trade Secret Assets: Critical Amendments To The Economic Espionage Act Of 1996, 7 J. Marshall Rev. Intell. Prop. L. 656 (2008), R. Mark Halligan Jan 2008

Protection Of U.S. Trade Secret Assets: Critical Amendments To The Economic Espionage Act Of 1996, 7 J. Marshall Rev. Intell. Prop. L. 656 (2008), R. Mark Halligan

UIC Review of Intellectual Property Law

In order to protect the economic interests of the United States, the Economic Espionage Act was enacted in 1996. Although intended to prevent and deter trade secret theft, the EEA is limited to criminal prosecutions. Critical amendments to the EEA are required to create a civil cause of action in the new information-based economy and the international marketplace. The following proposed amendments to the EEA provide a federal civil cause of action, allowing companies to protect trade secret assets and to ensure the continued growth and protection of trade secret assets in the international marketplace.


Chief Judge Paul R. Michel's Address To The Federal Circuit Judicial Conference On The State Of The Court, 7 J. Marshall Rev. Intell. Prop. L. 647 (2008), Paul R. Michel Jan 2008

Chief Judge Paul R. Michel's Address To The Federal Circuit Judicial Conference On The State Of The Court, 7 J. Marshall Rev. Intell. Prop. L. 647 (2008), Paul R. Michel

UIC Review of Intellectual Property Law

On May 15, 2008, Chief Judge of the United States Court of Appeals for the Federal Circuit Paul R. Michel delivered the annual State of the Court speech. Chief Judge Michel delivered this speech during the Federal Circuit Judicial Conference, held at the Grand Hyatt hotel in Washington. The text of that speech and the corresponding graphics appear here.


The Uneven Application Of Twombly In Patent Cases: An Argument For Leveling The Playing Field, 8 J. Marshall Rev. Intell. Prop. L. 1 (2008), R. David Donoghue Jan 2008

The Uneven Application Of Twombly In Patent Cases: An Argument For Leveling The Playing Field, 8 J. Marshall Rev. Intell. Prop. L. 1 (2008), R. David Donoghue

UIC Review of Intellectual Property Law

The Supreme Court's recent Twombly decision has tightened pleading standards by retiring Conley v. Gibson’s “no set of facts” language. While Twombly has been applied beyond antitrust law, its impact on patent pleadings is not yet settled. Currently, a troubling dichotomy has emerged: lower courts are holding defendants to a heightened pleading standard for affirmative defenses and counterclaims, while allowing plaintiffs to continue the pre-Twombly “bare-bones” pleadings practice. This dichotomy is inconsistent with the Twombly Court’s goal of controlling the ballooning size of and costs of complex civil litigation. Holding patent plaintiffs to a heightened pleading standard would be at …


Throwing Judge Bryson's Curveball: A Pro Patent View Of Process Claims As Patent-Eligible Subject Matter, 7 J. Marshall Rev. Intell. Prop. L. 701 (2008), Christopher A. Harkins Jan 2008

Throwing Judge Bryson's Curveball: A Pro Patent View Of Process Claims As Patent-Eligible Subject Matter, 7 J. Marshall Rev. Intell. Prop. L. 701 (2008), Christopher A. Harkins

UIC Review of Intellectual Property Law

Can a baseball pitcher patent a method of throwing a curveball? On May 8, 2008, Judge Bryson posed that hypothetical as a way of stressing a point during the oral argument of In re Bilski, one of the most highly-attended hearings in the twenty-five year history of the Federal Circuit. In the Bilski case, the Federal Circuit will decide whether to embrace a new patentability test that redefines what is patent-eligible subject matter in the United States, or to create a fourth no-no to patent eligibility. At stake are many computer software patents and business method patents that form the …


Honoring Trademarks: The Battle To Preserve Native American Imagery In The National Collegiate Athletic Association, 7 J. Marshall Rev. Intell. Prop. L. 735 (2008), Ian Botnick Jan 2008

Honoring Trademarks: The Battle To Preserve Native American Imagery In The National Collegiate Athletic Association, 7 J. Marshall Rev. Intell. Prop. L. 735 (2008), Ian Botnick

UIC Review of Intellectual Property Law

On August 5, 2005, the National Collegiate Athletic Association introduced its plan to end the use of Native American mascots, nicknames and imagery. Schools were required to change their offensive nicknames and mascots and were forced to stop using trademarks bearing Native American imagery. The NCAA ban presents the question of whether schools affected by the ban can bring a trademark action against the NCAA. One interpretation of trademark law provides a school with no redress because the NCAA has not created a competing mark. However, the other interpretation of trademark law provides a school with a valid trademark claim …


Ksr And Standards Of Inventive Step: A European View, 8 J. Marshall Rev. Intell. Prop. L. 14 (2008), Paul Cole Jan 2008

Ksr And Standards Of Inventive Step: A European View, 8 J. Marshall Rev. Intell. Prop. L. 14 (2008), Paul Cole

UIC Review of Intellectual Property Law

The United States Supreme Court decision in KSR International Co. v. Teleflex Inc. raises many questions, most importantly, how the test for obviousness applied in the United States (“U.S.”) now compares with that applied in the United Kingdom (“U.K.”) and by the European Patent Office (“EPO”). In seeking to answer those questions, this article explores the history of obviousness and the tests for inventive step in the United States, the U.K. and the European Patent Office. A comparison of the United States Patent and Trademark Office and EPO examination guidelines, suggests that it would have been a good idea to …


What The Story Of The Invention Of The Transistor Teaches Us About 21st Century Patent Practice, 8 J. Marshall Rev. Intell. Prop. L. 80 (2008), Lawrence B. Ebert Jan 2008

What The Story Of The Invention Of The Transistor Teaches Us About 21st Century Patent Practice, 8 J. Marshall Rev. Intell. Prop. L. 80 (2008), Lawrence B. Ebert

UIC Review of Intellectual Property Law

In 1947, scientists at Bell Laboratories internally disclosed a remarkable new invention that would later become known as the “transistor.” Following the initial disclosure, Bell Labs methodically planned and facilitated the patenting, publication, and licensing of this new technology. The manner in which Bell Labs handled the disclosure and licensing of this pioneering invention provides a template that present-day inventors would be well-advised to emulate.


Intellectual Property Enforcement: A Reality Gap (Insufficient Assistance, Ineffective Implementation)?, 8 J. Marshall Rev. Intell. Prop. L. 47 (2008), Timothy P. Trainer Jan 2008

Intellectual Property Enforcement: A Reality Gap (Insufficient Assistance, Ineffective Implementation)?, 8 J. Marshall Rev. Intell. Prop. L. 47 (2008), Timothy P. Trainer

UIC Review of Intellectual Property Law

The World Trade Organization’s (“WTO”) Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”) promised to standardize world-wide intellectual property rights (“IPR”) enforcement procedures, and thus, facilitate trade and commerce between member nations. However, the TRIPS implementation transition of many less developed and developing nations has resulted in a much lower IPR enforcement standard than the drafters of TRIPS envisioned. This, coupled with increased world-wide trade in counterfeit goods, has created friction between the developing nations with lower IPR enforcement and the developed nations with higher IPR enforcement. Consequently, many nations, including the United States, have entered into Free Trade …


Sacking Super Sack: Using Existing Rules To Prevent Patentees From Fleeing An Improvident Patent Infringement Lawsuit, 8 J. Marshall Rev. Intell. Prop. L. 90 (2008), Vangelis Economou Jan 2008

Sacking Super Sack: Using Existing Rules To Prevent Patentees From Fleeing An Improvident Patent Infringement Lawsuit, 8 J. Marshall Rev. Intell. Prop. L. 90 (2008), Vangelis Economou

UIC Review of Intellectual Property Law

The Federal Circuit’s Super Sack decision is striking: a patentee’s covenant-not-to-sue for infringement divested the court of subject-matter jurisdiction in deciding the invalidity counterclaim. However, the intent and spirit of the Declaratory Judgment Act and of Federal Rule of Civil Procedure 41(a)(2) suggest that Super Sack may have missed the mark. An in-depth analysis of the Declaratory Judgment Act, Federal Rule of Civil Procedure 41(a)(2), and post-Super Sack patent cases reveals numerous policy reasons for the Federal Circuit to overturn Super Sack.


State Sovereign Immunity: States Use The Federal Patent Law System As Both A Shield And A Sword, 8 J. Marshall Rev. Intell. Prop. L. 134 (2008), Nicholas Dernik Jan 2008

State Sovereign Immunity: States Use The Federal Patent Law System As Both A Shield And A Sword, 8 J. Marshall Rev. Intell. Prop. L. 134 (2008), Nicholas Dernik

UIC Review of Intellectual Property Law

A number of states currently rely on Eleventh Amendment immunity to defend against infringement actions by the patentees during research and development of new technologies. Some of these states then evoke the federal patent system to exclude private parties from infringing state patented subject matter. Ultimately, states enjoy all of the benefits of the federal patent system but states are not limited by any of its restrictions. This comment proposes a remedy to the states’ unfair tactical advantage of using the federal patent system as both a shield and a sword.


The Computer Fraud And Abuse Act: A Vehicle For Litigating Trade Secrets In Federal Court, 8 J. Marshall Rev. Intell. Prop. L. 155 (2008), Graham M. Liccardi Jan 2008

The Computer Fraud And Abuse Act: A Vehicle For Litigating Trade Secrets In Federal Court, 8 J. Marshall Rev. Intell. Prop. L. 155 (2008), Graham M. Liccardi

UIC Review of Intellectual Property Law

Federal jurisdictions are split on the reach of the Computer Fraud and Abuse Act (“CFAA”) in situations where computer-stored trade secrets are stolen by former employees who possessed authorization to access and use the trade secret information. This comment explores both the broad and narrow interpretations of the CFAA. It proposes that courts adopt the broad interpretation, which includes principles of agency law, in order to determine when an employee is “without authorization” under the CFAA. Courts should also adopt the broad interpretation in situations where trade secrets are stolen because an employee is only granted a “limited license” to …


An Immoral Fight: Shielding Moral Rights With First Amendment Jurisprudence When Fair Use Battles With Actual Malice, 8 J. Marshall Rev. Intell. Prop. L. 190 (2008), Mark A. Petrolis Jan 2008

An Immoral Fight: Shielding Moral Rights With First Amendment Jurisprudence When Fair Use Battles With Actual Malice, 8 J. Marshall Rev. Intell. Prop. L. 190 (2008), Mark A. Petrolis

UIC Review of Intellectual Property Law

Moral rights give an artist personal rights to her work. Because an artist puts her personality, spirit, and soul into the creation of her work, her honor and reputation may be harmed if her works are mistreated. In 1990, the Visual Artists Rights Act incorporated moral rights into U.S. copyright law. However, fair use became an absolute defense to moral rights violations. This comment proposes that fair use should not be an absolute defense, and applies First Amendment jurisprudence developed from defamation law to both fair use and moral rights. Defamation shares similarities with both. Like moral rights, defamation law …


The Future Of Privacy Policies: A Privacy Nutrition Label Filled With Fair Information Practices, 26 J. Marshall J. Computer & Info. L. 1 (2008), Corey A. Ciocchetti Jan 2008

The Future Of Privacy Policies: A Privacy Nutrition Label Filled With Fair Information Practices, 26 J. Marshall J. Computer & Info. L. 1 (2008), Corey A. Ciocchetti

UIC John Marshall Journal of Information Technology & Privacy Law

The article looks at the threats accompanying online shopping, such as identity theft and aggregated data files. Such issues arise when companies carelessly lose laptops filled with unencrypted data or callously sell data on the open market with collected personally identifying information (PII). The article explains that although privacy policies are supposed to force companies to strengthen their privacy practices they are not always effective because companies often post inconspicuous, vague and legalese-filled policies. These ambiguous postings cause online shoppers to blindly submit PII and ignore privacy practices completely. The article proposes a solution to this problem through the standardization …