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Originalism, J.E.M., And The Food Supply, Or Will The Real Decision Maker Please Stand Up?, Malla Pollack
Originalism, J.E.M., And The Food Supply, Or Will The Real Decision Maker Please Stand Up?, Malla Pollack
Malla Pollack
In 2001, the United States Supreme Court decided that sexually reproduced plants (which include major crop plants such as corn) are statutorily proper subject matter for utility patents. See J.E.M. Ag Supply, v. Pioneer Hi-Bred Int'l, Inc., 534 U.S. 124 (2001). Since that decision, critics from many disciplines have argued that the world's food supply is at risk from giant agribusinesses' manipulation of utility patents on genetically modified plants and animals. In light of these fears, this paper revisits J.E.M. and then highlights a related, still-open legal problem with biotechnology patents.
Looking backwards to J.E.M., the paper reaches several negative …
A Rose Is A Rose Is A Rose--But Is A Costume A Dress?, Malla Pollack
A Rose Is A Rose Is A Rose--But Is A Costume A Dress?, Malla Pollack
Malla Pollack
Law differs from life. If a judge, or more importantly a justice, calls a tail a leg, the tail does become a leg. Or, to be precise, the owner of the tail is treated as if he owned a leg. This short essay deals with the changeable meaning of the words "utilitarian function" and "useful article" in the Copyright Act. To be specific, is the Eastern District of New York correct in grouping a Halloween costume with a dress, rather than with a nose mask? This absurd question, timely reraised just after Halloween, is another chimera in the horror house …
Your Image Is My Image: When Advertising Dedicates Trademarks To The Public Domain--With An Example From The Trademark Counterfeiting Act Of 1984, Malla Pollack
Malla Pollack
Trademark laws protect the mental association between the source n4 of a product and the product itself. This protection allows consumers to locate merchandise of known quality, and motivates suppliers to produce better merchandise. The extent to which trademarks are property rights owned by the controller of the items they identify is controversial. These dual purposes of trademark protection are often phrased as if the objectives reinforce one another. Sometimes, however, the interests conflict. If the public's interests are not recognized they cannot be protected. This article suggests the existence of an ignored public ownership interest. Trademarks may become communicative …