Law Commons^™

The Commons Of The Mind: Modeling Repeat-Player Behavior In Intellectual Property Infringement Disputes, Eliot Bridges Warner

University Honors Theses

This thesis investigates the applicability of Marc Galanter's 1974 model of repeat-player (RP) and one-shotter (OS) civil litigation to the domain of intellectual property (IP) infringement disputes. While Galanter's framework predicts that repeat players will enjoy structural advantages over one-shotters, this paper argues that IP deviates from that model in consequential ways. Unique features of IP infringement litigation, including the duty to enforce, the risk of invalidation at trial, the inverse relationship between firm size and infringement stakes, and compounding advantages accruing to large firms, produce a hierarchy of strategic advantage that is more steeply resource-dependent than Galanter anticipates.

Drawing …

Patent Law's Trade Remedy, Michael L. Doane

Vanderbilt Journal of Entertainment & Technology Law

Although a trade remedy, not an intellectual property rights statute, Section 337 of the Tariff Act of 1930 plays an important and controversial role in the enforcement of intellectual property rights in the United States. As a trade remedy, Section 337 is designed and intended to promote innovation and investment in the United States through support of statutorily defined domestic industries against unfair competition from infringing imported products. This Article analyzes Section 337 as a trade remedy from the perspective of intellectual property rights owners and innovators such as start-up companies, universities, individual inventors, and other research and development-focused entities. …

Patentability Of Ai-Assisted Inventions: Guidance, Case Law, And A Roadmap Forward, Zhipeng Zhu

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Professor Jacob Noti-Victor Accepted To 2026 Harvard/Stanford/Yale Junior Faculty Forum, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Professor Jacob Noti-Victor was selected to present his paper, Copyright Litigation After Generative AI, at the 2026 Harvard/Stanford/Yale Junior Faculty Forum. Chosen through a competitive double-blind review process, his paper examines how generative artificial intelligence is reshaping copyright litigation and proposes procedural reforms to address emerging legal challenges.

Cardozo Law Introduces New Course On Theatre Law, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Cardozo School of Law introduced Theatre Law, the first law school course devoted entirely to the legal framework of the live stage industry. Taught by Adjunct Professor Ben Feldman, the course explores contracts, intellectual property, labor relations, licensing, financing, and other legal issues unique to theatrical productions, providing students with specialized training in entertainment law.

Professor Monroe Price, Former Cardozo Dean And Distinguished Scholar, Dies At 87, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Cardozo School of Law commemorates the life and legacy of Professor Monroe Price, who served as dean from 1982 to 1991 and helped shape the school's growth and academic identity. A pioneering scholar in media law and legal education, Price founded and advanced numerous signature programs at Cardozo while making lasting contributions to intellectual property, communications law, American Indian law, and international legal scholarship.

The Mark Of Confusion: Untangling The Circuit Split In Trademark Infringement Jurisprudence, Amilcar Torres

University of Cincinnati Law Review

No abstract provided.

Confronting Imitation: Questioning Fair Use After Warhol, Genevieve Stegner-Freitag

William & Mary Bill of Rights Journal

The Constitution’s Intellectual Property Clause (IP Clause) contains a mandated goal of “progress” for copyright. Efforts to address what progress means move between some understanding it to be a specific Enlightenment-oriented term, progress as a forward-moving, Judeo-Christian ideal, to others viewing the term as strictly economic, understanding the goal of copyright is to get as many different products in the market as possible. Defining what progress means in copyright law is a necessary step, as courts are increasingly considering market forces in granting or denying authorial property rights. This Note addresses what progress means, how imitative art factors in, and …

Copyright Extraterritoriality, Timothy R. Holbrook

San Diego Law Review

The presumption against extraterritoriality is a fundamental principle of U.S. law, yet its application to copyright law remains unsettled.  In recent years, the Supreme Court has formalized a two-step methodology for assessing the extraterritorial scope of federal statutes, culminating in RJR Nabisco, Inc. v. European Community.  Despite this doctrinal shift, lower courts have inconsistently applied this framework to copyright infringement cases.  In an age of digital streaming and generative AI using training data globally, this state of affairs is unsatisfactory.  This Article examines the evolving state of copyright extraterritoriality in light of the Supreme Court’s recent jurisprudence.  It explores …

The Fashion Law Names Cardozo A Top Law School For Fashion Law, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

The Fashion Law recognized Cardozo School of Law as one of its Top Law Schools for Fashion Law, highlighting the school's interdisciplinary curriculum, the FAME Center, and its student-run Fashion Law Society. The announcement also notes the upcoming celebration honoring Barbara Kolsun and the FAME Center's anniversary.

Fight For Your Right: An Analysis Of A Musician’S Ability To Terminate A Copyright Assignment Of A Music Recording, Ian Waldron

Journal of Intellectual Property Law

In 2019, musicians joined together to launch two separate lawsuits against Sony Music Entertainment (“Sony”) and Universal Music Group (“UMG”) after the record labels ignored the musicians’ copyright termination notices. Copyright termination is a powerful tool that allows the original owner of a work, under some circumstances, to regain possession years after they have assigned it to another party. To defend their actions, UMG and Sony countered that since the recordings were created under a record deal, they were works for hire and the musicians acted as employees. Therefore, under the record label’s theory, the musicians would have no ownership …

A Shareholder’S Guide To Blowing Up 100 Years Of Delaware Corporate Law: Intellectual Property And Corporate Governance After Delaware Senate Bill No. 313, Avery C. Hill

Journal of Intellectual Property Law

This note examines the intersection between shareholders agreements and intellectual property ownership in Delaware corporations after Delaware Senate Bill No. 313. Delaware corporate governance law has created extensive statutory and case law balancing the competing interests of corporate actors. The board of directors maintains an exclusive right to manage the affairs of a corporation, unless otherwise provided in the certificate of incorporation. Delaware law defers to director’s management authority through the business judgement rule, but fiduciary duties govern a director’s responsibly to shareholders. Shareholders maintain rights such as voting for the board of directors, receiving distributions, and selling shares, but …

Victims’ Rights Or The Public’S Right To Know: Rethinking The Boundaries Of The Right Of Publicity In True Crime, Millicent F. Dye

Journal of Intellectual Property Law

Advancements in technology and the development of new online platforms have paved the way for true crime to become one of the most popular genres today. While some believe true crime content is akin to news reporting, others have raised ethical concerns and believe that victims’ identities should be protected by a right of publicity.  The key is to find a balance between protecting victims and protecting free speech. This Note explores the right of publicity laws in a select few countries and addresses the shortcomings of the current approaches. This Note asserts that certain true crime content must be …

The Free Content Illusion, Jonathan M. Barnett

Journal of Intellectual Property Law

Conventional scholarly wisdom tends to discount the importance of copyright as a tool for delivering remuneration to the artists that sustain the digital creative ecosystem or as an enabling mechanism that facilitates the licensing, distribution, and financing transactions that constitute the economic infrastructure of the media and entertainment industries. This position runs counter to the evolution of digital content markets, which have experienced renewed investment and growth concurrently with the development of technological tools that have enabled content owners to correct for the “copyright deficit,” regulate access, and extract payment from platforms and users. This result conforms to standard economic …

Framing Harmonization: Illusion And Reality In The Riyadh Design Law Treaty, Christine Farley, Margo Bagley

Editorial Contributions

Introduction:

From the outside, the Riyadh Design Law Treaty (RDLT) has long appeared as a modest administrative measure. Negotiated in the World Intellectual Property Organization (WIPO) Standing Committee on Trademarks (SCT), it has repeatedly been characterized as a “procedural treaty” concerned with filing formalities rather than substantive reform. The contrast with the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (GRATK Treaty) is striking. Both treaties were adopted in 2024 after 20+ years of negotiation. But only the GRATK Treaty attracted sustained scholarly and civil society engagement; the RDLT attracted almost none.

The Eunomics Of Intellectual Property, Shyamkrishna Balganesh

Faculty Scholarship

Originally developed by the legal theorist Lon L. Fuller, eunomics is the “study of good order and workable arrangements,” directed at understanding the structure, form, or ordering adopted by an area of law. Yet, unlike the ordinary analysis of institutional design, eunomics views the form adopted by an area of law as neither preordained nor wholly contingent. Instead, eunomics sees form as playing an important role in clarifying and developing the goals of an area through a means-ends interaction. This Article develops the central insights of Fuller’s eunomics project for intellectual property. Until now, most theoretical accounts of intellectual property …

What Does "Registers" Mean? The Wrong Interpretation Could Allow Cybersquatters To Escape Liability, Kiley Carey

Akron Law Review

No abstract provided.

Legendary Houses: Trademarks, Transformation, And Ballroom Culture, Elizabeth L. Rosenblatt

Akron Law Review

No abstract provided.

Generative Identity Theft: Criminalizing Deepfakes Using The Right Of Publicity, Dustin Marlan

Akron Law Review

No abstract provided.

Assessing Patent Pledges: A Case Study In The Vaccine And Biopharma Space, Ana Santos Rutschman

Akron Law Review

No abstract provided.

Ai Pirated My Art And Birthed Infringing Works, And Other Metaphors That Confound Copyright Law, Michael D. Murray

Akron Law Review

No abstract provided.

The Paradox Of Intellectual Property At The U.S. Supreme Court, Tonja Jacobi, Matthew Sag

Faculty Articles

The Supreme Court is dramatically more politically polarized in the Roberts Court era, and the justices have been criticized for highly ideological and partisan decision-making. Yet, we show that there is one area of law that is becoming less ideologically divided and predictable: intellectual property (IP). In an earlier study, we showed that, prior to the Roberts Court, IP case outcomes were predictable based on judicial ideology, with more conservative justices embracing IP rights, as they do for real property. In the last two decades, IP has become more influential on the economy and society, through the increasing dominance of …

The Apathy Economy: Patents, Advertising, And Consumer Indifference, Gavin Milczarek-Desai, Derek E. Bambauer

UF Law Faculty Publications

Patents function as signals as well as rights to exclude. They inform competitors, investors, employees, and consumers about the invention and its owner. How this information affects consumers is not well understood. Existing studies disagree about how advertising a product or service as patented, or patent pending, affects the price consumers will pay. This Article offers the first major empirical study of that question and finds that consumers behave with surprising rationality: they will not pay any price premium for a patented product. A product’s patent status conveys little information about whether it is superior to competing offerings. The results …

Export Controls As Intellectual Property Regulation, Doni Bloomfield

Faculty Scholarship

Export-control laws have long regulated information created outside of the U.S. government. Legal scholars have paid little attention to these national-security laws, and have not recognized that the government uses them specifically to assert a right to suppress information held in patent applications and trade secrets. In this Article, I present a new history of the relationship between export controls and intellectual property to show how the government regulates IP transfers, and how the state uses IP laws to national-security ends. Export-control laws regulate IP by controlling how people in the United States and beyond can share or use inventive …

Constitutional Powers Midterm Exam, Jordan Reitzfeld

Open Educational Resources

Students apply constitutional principles and court decisions to contemporary questions about the powers of Congress, the president, and the judiciary. They defend positions on possible reforms and analyze property rights, copyright, and trademark issues.

Friday Night Rights: Ornamental Use In Collegiate Sports Merchandising, Isabel Mury Carvalho

Law Student Publications

University logos and insignias—once limited to athletic uniforms and official stationery—now appear on everything from high-end apparel to mass-produced mugs. Collegiate merchandising is a massive industry, generating $14.8 billion in 2023 alone. Infringers have followed close behind, producing look-alike goods that blur the line between authorized merchandise and unauthorized imitation. ...

Not All Sunshine In Wisconsin: The Cloudy Public Disclosure Predicament Surrounding Trade Secrets, Amelia S. Murray

Marquette Intellectual Property & Innovation Law Review

This Comment will explore the current landscape surrounding trade secret protections in Wisconsin Open Records Law requests. The lack of access to state-protected trade secrets, and overall lack of transparency, effectively endangers the general health and safety of the Wisconsin public and environment. When a request is made for information under the Wisconsin Open Records Law pertaining to state information protected by trade secret, and the requester is denied access to such information due to its trade secrecy status, the state should have to disclose trade secret information if it poses a greater danger to environmental health, human health, or …

Campbell At 30: A Retrospective Appreciation, Michael W. Carroll, Peter Jaszi

Scholarly Articles in Law Reviews & Journals

This Article traces the intellectual history of copyright law’s fair use doctrine at the Supreme Court from its first encounter with fair use to its landmark decision slightly more than three decades ago in Campbell v. Acuff-Rose Music, Inc. Campbell provided courts with a coherent, user-centered theory for applying the four statutory fair use factors provided under 17 U.S.C. § 107, a standard the Court recently ratified in Google LLC v. Oracle Am., Inc. and Andy Warhol Foundation for the Visual Arts v. Goldsmith. As one of three related articles, this Article advances two principal claims to contribute to …

Digital Reuse And Online Availability Of Visual Artworks, Paul J. Heald, Matthias Sahli, Alexander Cuntz

Scholarly Works

We study how copyright impacts the distribution and reuse of images in the visual arts sector, exploiting the discontinuity at the 1926 US public domain cutoff together with cross-country variation between US and European museums. We find that public domain status raises artist-level image availability on Useum, a major image aggregator, by approximately 19 percent relative to comparable copyrighted artworks. Onward reuse of Useum images across the web is substantial - an artwork image appears on 76 additional web pages on average - and is higher for public domain artworks, though estimates are statistically significant only in some specifications. Moreover, …

Corporate Structuring, Ip Holding Companies & Bankruptcy, Ava Sheftick

Bankruptcy Research Library

(Excerpt)

There are various ways in which the founders of a company may structure their business. While a key focus of corporate planning is how to maximize revenue and operate efficiently, minimizing the risk associated with financial distress is an equally important consideration. A corporation’s structure is made during a time of stability, but it must account for the ultimate financial distress—bankruptcy. Asset allocation is a critical step in the planning stage of a business enterprise, especially when considering creditors the company is going to take on. Companies’ intellectual property ("IP") may be highly valuable assets that must be considered …