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Full-Text Articles in Law

Krawiec V. Manly, Abigail Demasi Jan 2021

Krawiec V. Manly, Abigail Demasi

NYLS Law Review

No abstract provided.


Placebo Marks, Jake Linford Jan 2020

Placebo Marks, Jake Linford

Pepperdine Law Review

Scholars often complain that sellers use trademarks to manipulate consumer perception. This manipulation ostensibly harms consumers by limiting their ability to make informed choices. For example, holding other things constant, consumers spend more money on goods with a high-performance reputation. Critics characterize that result as wasteful, if not anticompetitive. But recent marketing research shows that trademarks with a high-performance reputation may sometimes influence perception to the benefit of the consumer. A trademark with a high-performance reputation can deliver a performance-enhancing placebo effect. Research subjects perform better at physical and mental tasks when they prepare or play with a product bearing ...


Automation & Predictive Analytics In Patent Prosecution: Uspto Implication & Policy, Tabrez Y. Ebrahim Jun 2019

Automation & Predictive Analytics In Patent Prosecution: Uspto Implication & Policy, Tabrez Y. Ebrahim

Georgia State University Law Review

Artificial-intelligence technological advancements bring automation and predictive analytics into patent prosecution. The information asymmetry between inventors and patent examiners is expanded by artificial intelligence, which transforms the inventor– examiner interaction to machine–human interactions. In response to automated patent drafting, automated office-action responses, “cloems” (computer-generated word permutations) for defensive patenting, and machine-learning guidance (based on constantly updated patent-prosecution big data), the United States Patent and Trademark Office (USPTO) should reevaluate patent-examination policy from economic, fairness, time, and transparency perspectives. By conceptualizing the inventor–examiner relationship as a “patenting market,” economic principles suggest stronger efficiencies if both inventors and the USPTO ...


Argh, No More Pirating America’S Booty: Improving Copyright Protections For American Creators In China, Johnathan Ling Jan 2019

Argh, No More Pirating America’S Booty: Improving Copyright Protections For American Creators In China, Johnathan Ling

Fordham Intellectual Property, Media and Entertainment Law Journal

The advent of the internet brought about revolutionary changes and challenges to the world. Internet piracy is one area which is presenting new challenges, particularly to copyright holders such as artists, filmmakers, and creators. China has been a hotbed of piracy and is home to the second highest number of file sharing infringers in the world. China has made strides to improve its copyright protection, such as implementing a copyright law in 1990, as well as joining the World Trade Organization and signing on to the Agreement on Trade-Related Aspects of Intellectual Property Rights, which specifies minimum levels of intellectual ...


Towards A Jurisprudence Of Fashion, Susan Scafidi Jan 2019

Towards A Jurisprudence Of Fashion, Susan Scafidi

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Fashion Law: More Than Wigs, Gowns, And Intellectual Property, Mark K. Brewer Dec 2017

Fashion Law: More Than Wigs, Gowns, And Intellectual Property, Mark K. Brewer

San Diego Law Review

[T]his article frames the emerging field of fashion law and synthesizes its substance from an international perspective in order to raise the profile of fundamental areas in which the law and fashion intersect as well as identify key areas for future research. Part II examines the background on fashion law, initially focusing on its origins and then examining IP, traditionally the main area of the field. Additionally, the Article defines, frames, and justifies the emerging field of fashion law. Because an exhaustive analysis of the emerging trends in fashion law is beyond the scope of this Article, Part III ...


Trust: A Model For Disclosure In Patent Law, Ari Ezra Waldman Apr 2017

Trust: A Model For Disclosure In Patent Law, Ari Ezra Waldman

Indiana Law Journal

How to draw the line between public and private is a foundational, first-principles question of privacy law, but the answer has implications for intellectual property, as well. This project is one in a series of papers about first-person disclosures of information in the privacy and intellectual property law contexts, and it defines the boundary between public and nonpublic information through the lens of social science —namely, principles of trust.

Patent law’s public use bar confronts the question of whether legal protection should extend to information previously disclosed to a small group of people. I present evidence that shows that ...


The 2016 Amendments To Criminal Rule 41: National Search Warrants To Seize Cyberspace, "Particularly" Speaking, Devin M. Adams Mar 2017

The 2016 Amendments To Criminal Rule 41: National Search Warrants To Seize Cyberspace, "Particularly" Speaking, Devin M. Adams

University of Richmond Law Review

No abstract provided.


At&T V. Microsoft: A District Judge's Perspective, William H. Pauley Iii Jan 2017

At&T V. Microsoft: A District Judge's Perspective, William H. Pauley Iii

American University Law Review

No abstract provided.


Confining Cultural Expression: How The Historical Principles Behind Modern Copyright Law Perpetuate Cultural Exclusion, April M. Hathcock Jan 2017

Confining Cultural Expression: How The Historical Principles Behind Modern Copyright Law Perpetuate Cultural Exclusion, April M. Hathcock

American University Journal of Gender, Social Policy & the Law

No abstract provided.


University Ip: The University As Coordinator Of The Team Production Process, Samuel Estreicher, Kristina A. Yost Jul 2016

University Ip: The University As Coordinator Of The Team Production Process, Samuel Estreicher, Kristina A. Yost

Indiana Law Journal

This Article focuses on intellectual property (IP) issues in the university setting. Often, universities require faculty who have been hired in whole or in part to invent to assign inventions created within the scope of their employment to the university. In addition, the most effective way to secure compliance with the Bayh-Dole Act, which deals with ownership of inventions involving federally funded research, is for the university to take title to such inventions. Failure to specify who has title can result in title passing to the government. Once the university asserts ownership, it then decides whether to process a patent ...


Innovation Heuristics: Experiments On Sequential Creativity In Intellectual Property, Stefan Bechtold, Christopher Buccafusco, Christopher Jon Sprigman Jul 2016

Innovation Heuristics: Experiments On Sequential Creativity In Intellectual Property, Stefan Bechtold, Christopher Buccafusco, Christopher Jon Sprigman

Indiana Law Journal

All creativity and innovation build on existing ideas. Authors and inventors copy, adapt, improve, interpret, and refine the ideas that have come before them. The central task of intellectual property (IP) law is regulating this sequential innovation to ensure that initial creators and subsequent creators receive the appropriate sets of incentives. Although many scholars have applied the tools of economic analysis to consider whether IP law is successful in encouraging cumulative innovation, that work has rested on a set of untested assumptions about creators’ behavior. This Article reports four novel creativity experiments that begin to test those assumptions. In particular ...


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 the ...


Semicommons In Fluid Resources, Henry E. Smith Jan 2016

Semicommons In Fluid Resources, Henry E. Smith

Marquette Intellectual Property Law Review

None


The Case For Incentivizing Healthy Food By Using Patents, Enrico Bonadio Jan 2016

The Case For Incentivizing Healthy Food By Using Patents, Enrico Bonadio

Marquette Intellectual Property Law Review

None


A Fake Right Of Priority Under The Cross-Strait Agreement On Intellectual Property Right Protection And Cooperation, Ping-Hsun Chen Jan 2016

A Fake Right Of Priority Under The Cross-Strait Agreement On Intellectual Property Right Protection And Cooperation, Ping-Hsun Chen

Marquette Intellectual Property Law Review

None


All's Fair In Copyright And Costumes: Fair Use Defense To Copyright Infringement In Cosplay, Molly Rose Madonia Jan 2016

All's Fair In Copyright And Costumes: Fair Use Defense To Copyright Infringement In Cosplay, Molly Rose Madonia

Marquette Intellectual Property Law Review

None


Collegiate Athletes And The Right To Their Marks, Joseph E. Clemente Jan 2016

Collegiate Athletes And The Right To Their Marks, Joseph E. Clemente

Marquette Intellectual Property Law Review

None


Under Seal But Not Under Law: In Re City Of Houston's Effect On Municipal Insignias, Tyler M. Helsel Jan 2016

Under Seal But Not Under Law: In Re City Of Houston's Effect On Municipal Insignias, Tyler M. Helsel

Marquette Intellectual Property Law Review

None


In Pursuit Of Patent Quality (And Reflection Of Reification), Kenneth L. Port, Lucas M. Hjelle, Molly Littman Jan 2016

In Pursuit Of Patent Quality (And Reflection Of Reification), Kenneth L. Port, Lucas M. Hjelle, Molly Littman

Marquette Intellectual Property Law Review

None


Eu Directive Proposal: Trade Secret, Natalja Sosnova Jan 2016

Eu Directive Proposal: Trade Secret, Natalja Sosnova

Marquette Intellectual Property Law Review

None


Iheartgeo-Fencing?: The Section 114 Exemption That Illustrates Why Full Sound Recording Rights Are The Sine Qua Non For A Vibrant Music Industry, Bradley Ryba Jan 2016

Iheartgeo-Fencing?: The Section 114 Exemption That Illustrates Why Full Sound Recording Rights Are The Sine Qua Non For A Vibrant Music Industry, Bradley Ryba

Marquette Intellectual Property Law Review

None


Punitive Damage And Attorney Fee Awards In Trade Secret Cases, Richard F. Dole Jr. Jan 2016

Punitive Damage And Attorney Fee Awards In Trade Secret Cases, Richard F. Dole Jr.

Marquette Intellectual Property Law Review

None


Myriad: A Look Into The Future Of Genetic Patentable Subject Matter, Nathan Edward Cromer Jan 2016

Myriad: A Look Into The Future Of Genetic Patentable Subject Matter, Nathan Edward Cromer

Marquette Intellectual Property Law Review

None


The Commercial Felony Streaming Act: The Call For Expansion Of Criminal Copyright Infringement, Jeff Yostanto Jan 2016

The Commercial Felony Streaming Act: The Call For Expansion Of Criminal Copyright Infringement, Jeff Yostanto

Marquette Intellectual Property Law Review

None


Skating On Thin Ice: The Intellectual Property Ramifications Of A Figure Skater's Public Performance, Vanessa E. Richmond Jan 2016

Skating On Thin Ice: The Intellectual Property Ramifications Of A Figure Skater's Public Performance, Vanessa E. Richmond

Marquette Intellectual Property Law Review

None


Test Data Protection: Different Approaches And Implementation In Pharmaceuticals, Wael Armouti, Mohammad F. A. Nsour Jan 2016

Test Data Protection: Different Approaches And Implementation In Pharmaceuticals, Wael Armouti, Mohammad F. A. Nsour

Marquette Intellectual Property Law Review

None


A Brief Essay On The Importance Of Time In International Conventions Of Intellectual Property Rights, Vincenzo Vinciguerra Jul 2015

A Brief Essay On The Importance Of Time In International Conventions Of Intellectual Property Rights, Vincenzo Vinciguerra

Akron Law Review

This essay will briefly address the issue of time in some fundamental international conventions on Intellectual Property Rights (IPRs). Primarily, this article concentrates on four current international conventions and discusses the importance and international relevance of the time factor in each convention. The first part introduces two characteristic ideas of time inherited from philosophical thought. It also describes how “linearity,” one characteristic time can assume, might be a way to think of the legal system. This article does not delve into philosophical aspects of this issue; they are merely a cue to analyze the issue of time in the context ...


Is Ip Law Modernization Possible? Assessing Approaches In Acta, Sopa, And Bill C-11, Lauren Gray Farrar Nov 2014

Is Ip Law Modernization Possible? Assessing Approaches In Acta, Sopa, And Bill C-11, Lauren Gray Farrar

Georgia Journal of International & Comparative Law

No abstract provided.


Taming The Counterfeit Dragon: The Wto, Trips And Chinese Amendments To Intellectual Property Laws, Andrew Evans Sep 2014

Taming The Counterfeit Dragon: The Wto, Trips And Chinese Amendments To Intellectual Property Laws, Andrew Evans

Georgia Journal of International & Comparative Law

No abstract provided.