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Articles 1 - 8 of 8
Full-Text Articles in Law
Behind The Steele Curtain: An Empirical Study Of Trademark Conflicts Law, 1952-2016, Tim W. Dornis
Behind The Steele Curtain: An Empirical Study Of Trademark Conflicts Law, 1952-2016, Tim W. Dornis
Vanderbilt Journal of Entertainment & Technology Law
The law on international trademark disputes is founded on precedent from 1952. Steele v. Bulova Watch Co. is the first and only Supreme Court decision addressing the question of how far the Lanham Act should be extended beyond the United States' national borders when international infringement is at issue. The decision laid the foundation for a three-pronged test that focuses on the factors of defendant nationality, effects on US commerce, and conflicts with foreign law. Although international trademark conflicts have multiplied dramatically--particularly throughout the last decade--there has been no systematic and comprehensive account of the actual state of the law. …
The New Separability, Lili Levi
The New Separability, Lili Levi
Vanderbilt Journal of Entertainment & Technology Law
In Star Athletica v. Varsity Brands, the Supreme Court recently unveiled a new approach to separability. Because copyright law protects expression, not function, aesthetic features of useful articles are eligible for copyright protection only if they are separable from the functional work in which they are incorporated. But the Copyright Act does not define separability, and Star Athletica is the latest judicial effort to try to fill that void. Unfortunately, the new separability is open to a wide range of critiques. Relatively low-hanging fruit are the vagueness and indeterminacy of the new test, the Court's unsatisfactory attempts to avoid defining …
Reexamining Eli Lilly V. Canada: A Human Rights Approach To Investor-State Disputes, Cynthia M. Ho
Reexamining Eli Lilly V. Canada: A Human Rights Approach To Investor-State Disputes, Cynthia M. Ho
Vanderbilt Journal of Entertainment & Technology Law
This Article provides valuable insight to the broader discussion of reforming investor-state disputes. Many have noted that the system is in a crisis due to a lack of democratic accountability and inconsistent decisions, which create a chilling effect on legitimate domestic law and policy. Despite substantial discussion in recent years concerning how to reform investor-state disputes, there is only limited discussion concerning the extent to which such disputes challenge domestic intellectual property (IP) limits, as well as global IP norms. Moreover, even among those who recognize the challenge to IP limits, the relevance of human rights is generally not addressed. …
Eli Lilly And The International Investment Law Challenge To A Neo-Federal Ip Regime, Jason Yackee, Shubha Ghosh
Eli Lilly And The International Investment Law Challenge To A Neo-Federal Ip Regime, Jason Yackee, Shubha Ghosh
Vanderbilt Journal of Entertainment & Technology Law
This Article examines the implications of the Eli Lilly case-and international investment law (IIL) more generally-for the operation of an international intellectual property (IP) regime that functions along the lines of the "neo-federalist" model developed by Professors Dinwoodie and Dreyfuss. The neo-federalist model involves a world in which the international IP regime grants national political communities substantial discretion to pursue their own visions of the normatively proper balance between the rights of IP creators and of those who seek to use it. Importantly, that discretion involves the ability to alter the existing normative balance in either the direction of more …
The Limits Of International Copyright Exceptions For Developing Countries, Ruth L. Okediji
The Limits Of International Copyright Exceptions For Developing Countries, Ruth L. Okediji
Vanderbilt Journal of Entertainment & Technology Law
The relationship between intellectual property (IP) protection and economic development is not better understood today than it was five decades ago at the height of the independence era in the Global South. Development indicators in many developing and least-developed countries reflect poorly in precisely the areas that are most closely associated with copyright law's objectives, such as promoting democratic governance, facilitating a robust marketplace of ideas, fostering domestic markets in cultural goods, and improving access to knowledge. Moreover, evidence suggests that copyright law has not been critical to the business models of the creative sectors in leading emerging markets. These …
Beyond Copyright: Applying A Radical Idea--Expression Dichotomy To The Ownership Of Fictional Characters, Tze Ping Lim
Beyond Copyright: Applying A Radical Idea--Expression Dichotomy To The Ownership Of Fictional Characters, Tze Ping Lim
Vanderbilt Journal of Entertainment & Technology Law
Copyright protection for fictional characters in the United States is expanding on an uncertain and incoherent basis. With the event of the case Towle v. DC Comics, courts have now applied three different tests to discern a character's copyrightability. Towle was a significant decision because it was the first time a US court had held that a car (the Batmobile) was a copyrightable character. Although courts have utilized the ideas-expression dichotomy to differentiate unprotectable character "ideas" from protectable character 'expressions', the dichotomy is unlikely to alleviate the law's uncertainty and incoherence. Both the US ideas-expression dichotomy and character copyrightability doctrines …
"Ask Me No Questions": The Struggle For Disclosure Of Cultural And Genetic Resource Utilization In Design, Margo A. Bagley
"Ask Me No Questions": The Struggle For Disclosure Of Cultural And Genetic Resource Utilization In Design, Margo A. Bagley
Vanderbilt Journal of Entertainment & Technology Law
New issues relating to the intersection of design protection and cultural and genetic resource utilization are arising from the confluence of an increased interest in design protection, the sustained allure of exotic cultural expressions, and novel uses of biological and genetic resources in crafting the appearance of articles protected by industrial design rights. As awareness of the many ways in which cultural and genetic resource use and misappropriation can occur is evolving, some developing countries have begun exploring the appropriateness of--and in some cases even instituting--a requirement that a designer disclose the origin of traditional cultural expressions, traditional knowledge, and …
Socially Responsible Corporate Ip, J. Janewa Oseitutu
Socially Responsible Corporate Ip, J. Janewa Oseitutu
Vanderbilt Journal of Entertainment & Technology Law
Many companies practice corporate social responsibility (CSR) as part of their branding and public relations efforts. As part of their CSR strategies, some companies adopt voluntary codes of conduct in an effort to respect human rights. This Article contemplates the application of CSR principles to trade-related intellectual property (IP). In theory, patent and copyright laws promote progress and innovation, which is why IP rights are beneficial for both IP owners and for the public. Trademark rights encourage businesses to maintain certain standards and allow consumers to make more efficient choices. Though IP rights are often discussed in relation to the …