Intellectual Property Law Commons^™

Source & Solidarity, Sari Mazzurco

Michigan Law Review

Trademark law has become the new frontier of unionbusting. Companies like Trader Joe’s, Starbucks, and Medieval Times have brought unprecedented suits against their employee unions for trademark infringement in relation to their organizing activities. This sort of litigation puts courts in the difficult position of reconciling trademark protection with unionization rights. Their attempts to apply standard trademark doctrines in this context reveal a deeper problem: Current trademark law is incoherent when applied to labor unions.

This incoherence stems from a disconnect between current trademark law and the original purpose behind its application to labor unions. This Article recovers that basis …

Masthead

Seattle University Law Review

No abstract provided.

Table Of Contents

Seattle University Law Review

No abstract provided.

Converting Buildings Is Hard: Why Seattle’S Municipal Government Should Streamline Commercial-To-Residential Conversions, Tyler M. King

Seattle University Law Review

The conversion of commercial buildings into housing is a promising solution to the growing housing crisis in many urban areas. However, despite its potential benefits, the process of repurposing commercial spaces is often stymied by complex zoning codes, high conversion costs, and bureaucratic hurdles. This Article argues that the local and state governments in Seattle should adopt more streamlined policies and offer greater incentives to developers to facilitate these conversions. By reforming zoning regulations and providing targeted financial support, municipalities can reduce the barriers to conversion and unlock the potential of underutilized commercial properties. This article examines the legal and …

Getting Money Out Of Politics By Putting Money Into Politics: A Few Modest Proposals To Reform Seattle’S Democracy Voucher Program, Decker O’Donnell

Seattle University Law Review

Seattle’s Democracy Voucher Program offers an unconventional response to the growing influence of money in American elections: rather than restricting political spending, it seeks to amplify the participation of ordinary voters by providing publicly funded vouchers that residents may assign to participating candidates. This Article examines the program’s development, operation, and constitutional foundation within the modern campaign-finance framework established by Buckley v. Valeo and subsequent Supreme Court decisions. It argues that democracy vouchers provide a constitutionally viable means of broadening participation in campaign financing while mitigating the influence of wealthy donors. The Article identifies two weaknesses in the current system: …

Legal Malpractice In Washington: Use Of The Rules Of Professional Conduct, Angelo Tadrous

Seattle University Law Review

Legal malpractice claims are difficult to prove. They are difficult to prove because many jurisdictions require that a plaintiff prove that, but for the lawyer’s misconduct, the client would have fared better. Thus, in a malpractice suit, a plaintiff must try a case within a case. Despite this difficulty, many jurisdictions prohibit the use of the Rules of Professional Conduct when litigating a malpractice case. Washington State is one of these jurisdictions. The Washington Supreme Court held in Hizey v. Carpenter that the Rules of Professional Conduct may not be referred to during trial. This Note argues that this prohibition …

Who Decides The Dead? Interpreting Washington’S Disposition Of Remains Statute, Wyatt Young

Seattle University Law Review

Washington’s disposition-of-remains statute, RCW 68.50.160, is designed to honor a decedent’s expressed wishes regarding the control and disposition of their body after death. Yet recent litigation reveals a critical gap between the statute’s intent-centered design and its practical enforceability. In Larotonda v. Blackburn, a trial court acknowledged that irreparable harm would occur if a decedent’s burial wishes were ignored but nonetheless denied relief on the grounds that the individual designated to carry out those wishes lacked standing. The result was a legal paradox: a statute that recognizes decedent autonomy in theory but withholds any meaningful mechanism for its enforcement …

El Mercado De Pescado – The Dembow Fish Market Case: Browne V. Donalds, Catherine Stagliano

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

The billion-dollar Latin music industry is facing its most formidable opponent yet: Steely & Clevie.[1] While this name may be unfamiliar, the musical duo has raised a crucial issue against a seemingly settled principle of copyright infringement: whether a rhythm is copyrightable.[2] The rhythm in question is reportedly an integral part of the entire genre of reggaeton.[3] Nonetheless, Steely & Clevie decided to sue over 100 Defendants—including Bad Bunny, the most streamed artist in the world—for copyright infringement across almost 4,000 songs.[4] Now, one copyright infringement case has the power to dictate the future of reggaeton and severely disrupt music …

Caging Songwriters In The Compulsory Licensing Framework: A Battle Of Fairness And Equity, Maria Kaganis

St. John's Law Review

(Excerpt)

Imagine it is November 2023, and you log onto Spotify to stream your favorite music. As you do, you notice you now have access to up to fifteen hours of the most popular audiobooks. You really enjoy the addition of audiobooks to Spotify and have used the new feature for months. Come March of 2024, however, you get an email stating that Spotify will be introducing a . . . music-audiobook bundle as part of your current subscription? Is that not what you already had? Shrugging it off, you move on and continue enjoying your music, audiobooks, and podcasts …

Three Decades Of Supreme Court Copyright Decisions: A Peek Behind The Scenes, Jonathan Band

Joint PIJIP/TLS Research Paper Series

This article discusses the revelations in the case files of eight Supreme Court Justices concerning eighteen copyright-related decisions issued by the Court between 1973 and 2005. The papers show the Court as a profoundly human institution, with the Justices often struggling to craft opinions that could gain the support of a majority. The Justices clearly cared about the copyright merits, but they were also willing to compromise to achieve a certain result. In several cases, the final opinion was anything but inevitable. This was particularly so with Sony Corporation of America v. Universal City Studios, 464 U.S. 417 (1984), …

Trademarks, Functionality, And Competition, Glynn Lunney

Faculty Scholarship

Courts and commentators have long thought that the purpose of trademark and unfair competition law is to distinguish fair competition from unfair competition and prohibit the latter. Yet, trademark law has a more fundamental, more foundational purpose. Before trademark law can distinguish fair competition from unfair competition, there must first be competition. That makes ensuring competition trademark law’s highest priority. Identifying and prohibiting unfair competition becomes, by necessity, a subordinate concern. Until 1982, courts recognized this hierarchy and enforced a broad and flexible functionality limitation on trademark or trade dress protection to ensure competitive markets. In 1982, however, this changed. …

Reinforcing Media Governance In Indonesian Dynamic Cyber Space, Poppy Setiawaty Nurisnaeny, Hendra Kaprisma, Chrisna Yudhawinata, Sudirman Sudirman

International Review of Humanities Studies

Following the rapid change in technology development, the Indonesian mass media have undergone a digital transformation. This digital mass media and its users have evolved, assimilated, and integrated themselves to fit in the cyber world. This distinguishing feature distinguishes them from traditional mass media. The cyber environment's infinite international boundaries are both advantageous and disadvantageous, as it is difficult to govern digital activity outside Indonesia's jurisdiction. This unregulated environment became a breeding ground for cybercrime, making the digital space unsafe for individuals and threatening national security. In response to this issue, the Indonesian government has enacted various laws and policies, …

The Indonesian Conjunction Dan ‘And’ And Its Chinese Correspondences: A Corpus-Based Approach To Syntactic And Register Variation, Hatmi Idris

International Review of Humanities Studies

This study examines how the Indonesian conjunction dan ‘and’ is rendered in Chinese across syntactic units using a corpus-based contrastive approach. Focusing on children’s books, classic novels, and online news, it analyzes coordination at word, phrase, and clause level from a syntactic and register perspective. Findings show that dan ‘and’ does not correspond to a single Chinese form. At the word and phrase level, nominal coordination employs hé (和) ‘and’, yǔ (与) ‘and’, and yǐjí (以及) ‘as well as’ , with formal news discourse favoring yǔ (与) ‘and’ and yǐjí (以及) ‘as well as’. In verbal coordination, bìng (并) ‘furthermore’ …

Social Archeology In Colonial Capitalism: Space Analysis, Class, And Race In The Nederlandsche Handel-Maatschappij Batavia In Early Twentieth Century, Rendy Dharmawansyah, Irmawati Marwoto Imj

International Review of Humanities Studies

The research is to analyze the building of Nederlandsche Handel-Maatschappij (NHM) in its position as a Dutch Trade Company in the Dutch East Indies. It shows an influence of the colonial image, that is discriminative against the social condition of the native Indonesian in its structural architecture. By applying a Marxist theory on the analysis of social class, this writing examines the building of the NHM trade office and the material remains that revealed social class and racial segregation. The result of the study discloses that the architecture of the NHM building pointed out the dominating colonial power over …

Persuasive Strategies In Umrah Marketing On Social Media: A Comparative Study Of Arabic And Indonesian, Stevania C. Asahri

International Review of Humanities Studies

This study examines persuasive strategies in Arabic- and Indonesian-language Umrah marketing flyers circulated on social media. As public interest in Umrah continues to grow, travel agencies increasingly rely on digital platforms not only to promote travel packages but also to construct spiritual appeal, religious credibility, and consumer trust. This study therefore aims to analyze how spiritual imagery is constructed, how rhetorical and pragmatic persuasive strategies are used, and how persuasive patterns differ between Arabic- and Indonesian-language Umrah marketing flyers. The study adopts a qualitative-dominant convergent parallel mixed-methods design. The qualitative analysis is based on Fairclough’s Critical Discourse Analysis (CDA), integrated …

Radical Responsibility: Sartre And The Ecocentric Erosion Of Human Agency, Khodadad Azizi, Naupal Asnawi, Abby Gina Boang Manalu

International Review of Humanities Studies

Contemporary ecological crisis persists despite decades of environmental ethics discourse and rising public awareness, a discrepancy researchers have named the awareness-action gap. One influential corrective, running from Aldo Leopold’s land ethic through Arne Naess’s deep ecology, addresses anthropocentric domination by folding the human being back into the biotic community as one member among others. This article argues that such levelling, whatever its merits against domination, carries an underexamined cost: it erodes the very ground on which anyone can be held responsible for ecological destruction, since only a being capable of choice, not soil, water, or rock, can be asked to …

Hairdressing Service Request In Japanese, Kirana Insyafira Rafa, Filia Filia Dr.

International Review of Humanities Studies

This study aims to explain the request for hairdressing services in Japanese beauty salon, focusing on the use of verbal and nonverbal markers. This study use descriptive qualitative design. The data source consists of video conversations between clients and hairstylist on the NARIKYO channel on YouTube. The results of analysis revealed 128 request data through two strategies, such as 77 verbal and 51 nonverbal. Verbally, desiderative forms (such as -tai and -hoshii) with 33 data, followed by declarative forms (such as -ga ii, omakase de, unfinished tense) with 17 data and embedded forms (such as -you na, -mitai na, -hou …

Onomatopoeia In The Digital Comic The Wormworld Saga (2010), Nur Kholidah, Julia Wulandari

International Review of Humanities Studies

This study examines the forms and meanings of onomatopoeia derived from concrete sounds in the digital comic The Wormworld Saga. The study aims to explore the use of onomatopoeia in The Wormworld Saga and to describe its forms and meanings using a descriptive qualitative method. This study analyzes the forms of onomatopoeia based on the categories proposed by Gross (1988) and analyzes their meanings based on the classification proposed by Körtvélyessy and Štekauer (2024). The results show that there are 54 onomatopoeia classified as concrete sounds. In terms of form, the most common onomatopoeia are non-word forms, accounting for 41 …

Constructing Geisha Representation: Textual Analysis Of Memoirs Of A Geisha On Social Media X, Khadijah Hamumpuni Setyawan, Rouli Esther Pasaribu

International Review of Humanities Studies

Geisha are professional entertainers who have mastered Japanese traditional arts and often appear in various media covering Japanese culture. However, there are frequent misunderstandings about geisha outside Japan. The release of the Japanese-produced film Shogun has sparked discussions about older films from the west that are set in Japan, such as Memoirs of a Geisha. This study aims to analyze the representation of geisha in Memoirs of a Geisha (2005) and how that representation is constructed and reinterpreted by Japanese and Western audiences through the social media platform X. Using textual analysis, this study examines the movie as a cultural …

Myth As A System Of Meaning: Naturalization In The Expression “Ojo Lungguh Ning Tengah Lawang, Mengko Ora Ilok”, Sara Dwi Anjani, Triaswarin Sutanarihesti

International Review of Humanities Studies

The phrase “ojo lungguh ning tengah lawang, mengko ora ilok” is a traditional prohibition still known and applied in everyday life by Javanese people. This phrase not only functions as a rule of behavior, but as part of a system of cultural meaning passed down from generation to generation. This study aims to explain how Javanese people of different generations understand this phrase and how it functions as a myth in social life. This study employs a qualitative approach utilizing Roland Barthes’s semiotic framework and the identity perspectives of Mary Bucholtz and Kira Hall. Data were collected through …

Voters’ Perception Of Nigeria’S Electoral Process: An X-Ray Of The 2023 Presidential Election, Omamurhieme Julia Akpodovhan, Chukwuma Anyanwu Dr

International Review of Humanities Studies

In its six decades of post-independence, Nigeria has experienced the best and worst in military and democratic governance fluctuating from one to the other. It has purportedly settled into a democracy but with highly flawed electoral processes. This paper interrogates the February 25, 2023 Presidential election with a view to assessing the perception of voters in the exercise to determine whether there has been an improvement or otherwise in the status quo of how previous elections were conducted. Drawing from historical antecedents, participant observation and opinion poll research techniques, the authors relied on information from five of ten polling booths …

Contested Borders And National Identity In Southeast Asia: An Analysis Of Thailand– Cambodia Dispute Through Nontawat Numbenchapol’S Documentary Film, Boundary, Mirwan Andan

International Review of Humanities Studies

Southeast Asia remains a region marked by numerous interstate border disputes. Among these, the Thailand–Cambodia border dispute surrounding the Preah Vihear Temple, located between Sisaket Province in Thailand and Preah Vihear Province in Cambodia, represents one of the conflicts with the greatest potential to affect regional stability and harmony in the region. This dispute extends beyond questions of territorial sovereignty, encompassing the construction of national identity, historical memory, and the domestic political dynamics of both countries. This article examines the representation of nationalism in Boundary (2013), a documentary film directed by Thai independent filmmaker Nontawat Numbenchapol. Drawing on perspectives interdisciplinary …

Morphological And Woodworking Technology Analysis Of Wooden Piles From The Molenvliet Canal, Mrt Jakarta Phase 2 Cp-202 Project, Central Jakarta, Aisyah F. Sugoro, R. Cecep Permana

International Review of Humanities Studies

The aim of this study is to determine the correlation between the wooden embankment structure (wooden beams, wooden piles, and wooden planks) in the embankment installation system and the geographical conditions of Batavia along Jalan Hayam Wuruk and Jalan Gajah Mada, where the embankment structure has shifted due to ground movement. The research stages consist of observation, description, and explanation or interpretation of the processed data. Based on the analysis of wooden piles from the Molenvliet Canal embankment structure, it can be concluded that 17^th century Batavian society applied a multi-stage pile production process, ranging from raw material selection, …

Sanggit And The Essence Of Power In The Wayang Performing Arts Play Jaka Tingkir By Ki Purbo Asmoro, Darmoko Darmoko

International Review of Humanities Studies

The puppeteer as a director composes an art performance based on material, understanding the  context of history and genealogy, myths and beliefs, traditions and conventions, the breadth of  imagination, sensitivity of intuition, breadth of knowledge and experience, and depth of  understanding of cultural codes and conventions. The play Jaka Tingkir, an episode in Babad Tanah  Jawi, is composed and presented in the performing arts to foster artistic creativity and  innovation, while showcasing strength and ability in narrative strategies and staging creativity.  Power is arranged based on a person's status, role, and knowledge obtained through the traditional  method of nglakoni in …

Sumedang Larang Heritage Trail Experience: Tracing Cultural Footsteps From The Ancient Palace To Traditional Citizens' Dwellings, Retno Raswaty

International Review of Humanities Studies

The heritage trail, or the tracing of historical footprints as an approach to preservation and cultural education in Sumedang Larang culture, will lead to an experience that opens insights into life in the old center of power to the residential patterns of citizens filled with wisdom. As a cultural landscape, the traces of Sumedang Larang are still alive in urban spaces, sites, social practices, and the current residential layout of the community. Through a space-reading based on walking, this article outlines major points of interest such as the town square (alun-alun), the palace or museum, pilgrimage sites, old paths, strategic …

Protection Des Droits De L’Auteur Dans Les Pays Arabes, Edouard Eid

Proche-Orient, Études juridiques

No abstract provided.

قانون رقم ٧٥، تاريخ ٣ نيسان ١٩٩٩، يرمي إلى حماية الملكية الأدبية والفنية, Poej

Proche-Orient, Études juridiques

No abstract provided.

Building China’S Space Station Intellectual Property Protection System: Strategic Demands, International Rule Competition, And Institutional Pathways, Xiao Youdan, Bing Xiao, Yi Zheng, Xianghui Liu

Bulletin of Chinese Academy of Sciences (Chinese Version)

As China’s space station transitions into its application and development phase, on-orbit research outputs are entering a period of concentrated yield. The protection of space station intellectual property (IP) has evolved from a theoretical proposition into a pressing institutional demand. For decades, developed economies, notably the United States and European nations, have dominated the development of international space IP rules. Their core approach extends the traditional principle of territoriality through “legal fiction”, establishing jurisdiction based on the “State of registry’s jurisdiction”—that is, treating space objects as extensions of the registering State’s territory, thereby extending the reach of domestic IP law …

Period-Proofing Your Data, Sofia Makepeace

Washington Journal of Law, Technology & Arts

Menstrual cycle tracking apps and their accompanying wearables, collectively known as FemTech, promise women health insights in a healthcare system that often fails to treat problems that primarily affect women. FemTech lets users map their cycles, recognize symptoms, experience non-hormonal birth control, and contribute to long-overdue research on conditions like endometriosis, PCOS, and perimenopause. But after Dobbs v. Jackson Women’s Health Organization, the same datasets that empower users have also become valuable in criminalizing abortion-related crimes. Because most FemTech privacy policies fall outside HIPAA, intimate logs of bleeding, sex, mood, and biometric signals can now be criminal evidence in …

The Algorithmic Collusion Problem: A Judicial Framework For Analyzing Algorithms Under § 1 Of The Sherman Act, Rix Ryskamp

Washington Journal of Law, Technology & Arts

Courts are increasingly seeing Sherman Act Section 1 claims that involve AI and other software algorithms at the center of alleged conspiracies to unreasonably restrain trade—often called algorithmic collusion claims. Adjudicating these claims can involve complex analyses of how algorithms interact with alleged conspiracies. However, most of the Section 1 case law stems from traditional agreements and can be hard to apply to algorithmic collusion scenarios. This Article provides a framework that judges and other adjudicators might use to analyze the role of an algorithm in an alleged conspiracy without becoming bogged down in technical details early in the case. …