Law Commons^™

The Ip Law Book Review, Vol. 5#1, November 2014, William T. Gallagher

Intellectual Property Law

TRADEMARK PROTECTION AND TERRITORIALITY CHALLENGES IN A GLOBAL ECONOMY, edited by Irene Calboli and Edward Lee. Reviewed by Lisa P. Ramsey, University of San Diego School of Law.

INTERNATIONAL TRADE IN INDIGENOUS CULTURAL HERITAGE: LEGAL AND POLICY ISSUES, edited by Christoph B. Graber, Karolina Kuprecht, and Jessica C. Lai. Reviewed by Laura Nader, The University of California, Berkeley.

Man Arrested On Federal Charges Of Operating Spin-Off Silk Road Website, Marc H. Greenberg

Interviews

No abstract provided.

The Historical Significance, Modernization, And Future Of The Video Privacy Protection Act, Erika Williams

GGU Law Review Blog

In the twenty first century, we are accustomed to the privacy protections that prohibit video rental service companies from releasing our consumer service history to other sources without first obtaining our written, signed consent. However, most consumers likely do not know the historical significance of why we came to appreciate these privacy protections or what the exact terms of these privacy protections are.

Monge V. Maya Magazines, Inc.: The Demand For Celebrity Gossip And The Doctrine Of Transformative Use In The Ninth Circuit, Alyce W. Foshee

Golden Gate University Law Review

Despite the decreased circulation of traditional newspapers, celebrity gossip magazines continue to flourish in the publishing world. In June 2012, People Magazine reached a paid circulation of over 3.5 million copies, putting the publication at number nine on the top U.S. consumer magazines list for the first half of the year. Public demand for celebrity news and gossip is unwavering. With this popularity come problems - especially for those celebrities whose images end up supplying that high demand. In Monge v. Maya Magazines, Inc., the Ninth Circuit presided over a copyright battle between celebrities and a gossip magazine regarding fair …

The Ip Law Book Review, Vol. 4#1, April 2014, William T. Gallagher

Intellectual Property Law

A NEOFEDERALIST VISION OF TRIPS: THE RESILIENCE OF THE INTERNATIONAL INTELLECTUAL PROPERTY REGIME, by Graeme B. Dinwoodie & Rochelle C. Dreyfuss.
Reviewed by Molly Land, University of Connecticut School of Law

RELOCATING THE LAW OF GEOGRAPHICAL INDICATIONS, by Dev Gangjee. Reviewed by Michael Handler, Faculty of Law, University of New South Wales

13 WAYS TO STEAL A BICYCLE: THEFT LAW IN THE INFORMATION AGE, by Stuart P. Green.
Reviewed by Irina D. Manta, Maurice A. Deane School of Law at Hofstra University

CONFIGURING THE NETWORKED SELF: LAW, CODE, AND THE PLAY OF EVERY DAY PRACTICE, by Julie Cohen.
Reviewed by …

Patents Exhaustion For The Exhausted Defendant: Should Parties Be Able To Contract Around Exhaustion In Settling Patent Litigation?, Samuel F. Ernst

Publications

The first sale doctrine provides that when a patent holder unconditionally authorizes another party to sell a patented item, the patent holder's right to exclude with respect to the patented item is "exhausted. " The licensee can then sell the patented item to a third party - a downstream purchaser - and the patent holder will not be able to sue the third party for patent infringement based on the resale or other use of that item. A principal animating policy behind the exhaustion doctrine is to prevent patent holders from receiving overcompensation for their patented inventions by, for example, …

Owning Oneself In A World Of Others: Towards A Paid-For First Amendment, David Franklyn, Adam Kuhn

Publications

The first Part of this Article charts a brief course through the history of the right of publicity and the First Amendment. The second Part studies the competing economic rights, their philosophical justifications, and their shortcomings. The third Part analyzes several major cases that dealt with the conflict of rights, criticizing the transformative use analysis as a proxy for economic value and explaining the shortfalls of the test. The fourth Part proposes a new theory of add-on value and a paid-for First Amendment.

The issue we identify is that a loosely defined doctrine of concurrent ownership (of the celebrity image) …

Trademarks As Search-Engine Keywords: Who, What, When, David Franklyn, David A. Hyman

Publications

Most Internet searches result in unpaid (organic or algorithmic) results, and paid ads. The specific ads that are displayed are dictated by the user's search terms ("keywords"). In 2004, Google began offering trademarks for use as keywords on an unrestricted basis, followed in due course by other search engines. Once that happened, any entity (including sellers of competing products) could have their ads appear in response to a search for the trademarked product. Trademark owners responded by filing more than 100 lawsuits in the United States and Europe, making the dispute the hottest controversy in the history of trademark law. …

Trademark Surveys: An Undulating Path, David Franklyn, Shari Seidman Diamond

Publications

When a plaintiff alleges trademark infringement or claims that false advertising is likely to confuse or deceive, the pivotal legal question is: how are consumers likely to perceive the mark or advertising? In the early days of trademark litigation, a parade of consumer witnesses, carefully selected by one of the parties to support a trademark claim, would testify about their reactions to a mark. That approach has given way to systematic survey evidence reflecting the responses of a substantial number of consumers selected according to an explicit sampling plan, asked the same questions, and unaware who sponsored the survey.

Part …