Intellectual Property Law Commons^™

The Circular Logic Of Actavis, Joshua B. Fischman

American University Law Review

No abstract provided.

Big Pharma Monopoly: Why Consumers Keep Landing On "Park Place" And How The Game Is Rigged, Mark S. Levy

American University Law Review

No abstract provided.

Citizen Petitions: Long, Late-Filed, And At-Last Denied, Michael A. Carrier, Carl Minniti

American University Law Review

No abstract provided.

Redefining Reality: Why Design Patent Protection Should Expand To The Virtual World, John R. Boulé Iii

American University Law Review

Virtual reality (“VR”) and augmented reality (“AR”) technologies are rapidly maturing. Companies like Facebook and Microsoft are capitalizing on these technologies and actively releasing products to consumers. Both companies’ products blur the line between the real world and the virtual world. The blurring of this line presents novel questions regarding the protection of digital intellectual property that exists solely within the virtual world.

One such question is whether design patent protection will be available to three-dimensional digital models, models of real-world items that are digitally reproduced in the virtual world. To receive design patent protection, 35 U.S.C. § 171 requires, …

The Commercial Appropriation Of Frame: A Cultural Analysis Of Right Of Publicity And Passing Off, Peter Jaszi

Scholarly Articles in Law Reviews & Journals

Over several centuries, the rhetoric of 'gap filling' has often been invoked to naturalise expansions of intellectual property ("IP") rights-copyright term extension, the patenting of life forms, trademark disparagement, and so forth. The ready pragmatism of the phrase has definite audience appeal, making big changes sound like straightforward responses to external conditions-rather than choices about how to draw the line between private ownership and public discourse. We know, however, that once filled, 'gaps' tend to stay filled. Retrospective debates about the wisdom of such decisions tend to be (both literally and figuratively) of merely academic interest. So what is most …

Issues Concerning Enforcement And Dispute Resolution, Sean Flynn

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Washington Redskins Case And The Search For Dignity, Victoria Phillips

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: For more than sixty years, Native American activists have been involved in discussions and protests over the appropriation and use of tribal references in sports names, logos, and mascots. During this same period, many of these uses have since been changed, driven by civil rights struggles and a growing awareness of the proven social harms and racism inherent in these references. Despite a gradual movement towards abolition and evolving signs of cultural understanding, many mascots invoking Native names and imagery persist today across professional, collegiate, and local school district sports. These mascots and team names, and the trademarks associated …

No Trademark, No Problem, Christine Farley

Scholarly Articles in Law Reviews & Journals

Does the Lanham Act permit a foreign business that has neither used nor registered its trademark in the United States to sue the owner of a U.S. trademark for its use of the same mark in the U.S.? A recent case from the Court of Appeals for the Fourth Circuit addressed this consequential question. In Belmora, LLC.v. Bayer Consumer Care A G, the Court of Appeals surprised the legal community and answered this question in the affirmative, reversing the district court's decision to reject the trademark claim because it was unsupported by a federally protected U.S. trademark. The Belmora decision …

Nontechnical Disclosure, Jonas Anderson

Scholarly Articles in Law Reviews & Journals

One of the primary goals of the patent system is the broad dissemination of technical knowledge. But, as this Article argues, there is also an underappreciated amount of nontechnical knowledge contained in a patent, information that may in certain cases be more valuable to readers than the technical disclosure contained in a patent. This Article looks at various types of nontechnical disclosure to argue that appreciating the nontechnical aspects of patent disclosure can increase our understanding of what information patents are disseminating to the general public.

Supreme Court Amicus Brief Of Law Professors In Support Of Petitioner Lee V. Tam, No. 15-1293 (Filed Nov. 16, 2016), Christine Farley, Rebecca Tushnet

Scholarly Articles in Law Reviews & Journals

The Federal Circuit’s ruling that the § 2(a) disparagement provision is unconstitutional, if upheld, could allow for numerous provisions of the Trademark Act to be overturned, dismantling the modern trademark system. The trademark system is premised on evaluating speech and making content-based determinations. Granting a trademark registration requires content-based determinations, though not viewpoint-based, as words are evaluated independent of applicants’ individual viewpoints. In no way does the refusal to register a trademark prevent its use or diminish public debate. Rather than facilitating public debate, a trademark registration is a government-issued document that makes it easier for its owner to suppress …

Intellectual Property And Related Rights In Climate Data, Michael W. Carroll

Joint PIJIP/TLS Research Paper Series

This chapter focuses on the ways in which intellectual property law can act as a barrier to data sharing. Intellectual property laws supply exclusive rights that can enable a researcher, employer or funder to ‘own’ data; they can then bring legal claims against persons who access or reuse data without permission. Some of these rights attach automatically to data, data sets, or databases, and thus must be managed properly to enable robust data sharing in climate science. Other rights are created by contract, and the policies around such privately created rights must be understood and analyzed. This chapter briefly describes …

Intellectual Property And Related Rights In Climate Data, Michael Carroll

Scholarly Articles in Law Reviews & Journals

This chapter focuses on the ways in which intellectual property law can act as a barrier to data sharing. Intellectual property laws supply exclusive rights that can enable a researcher, employer or funder to ‘own’ data; they can then bring legal claims against persons who access or reuse data without permission. Some of these rights attach automatically to data, data sets, or databases, and thus must be managed properly to enable robust data sharing in climate science. Other rights are created by contract, and the policies around such privately created rights must be understood and analyzed. This chapter briefly describes …

2015 Trademark Law Decisions Of The Federal Circuit, Linda K. Mcleod, Lindsay B. Allen

American University Law Review

No abstract provided.

Intellectual Property And Related Rights In Climate Data, Michael W. Carroll

Contributions to Books

This chapter focuses on the ways in which intellectual property law can act as a barrier to data sharing. Intellectual property laws supply exclusive rights that can enable a researcher, employer or funder to ‘own’ data; they can then bring legal claims against persons who access or reuse data without permission. Some of these rights attach automatically to data, data sets, or databases, and thus must be managed properly to enable robust data sharing in climate science. Other rights are created by contract, and the policies around such privately created rights must be understood and analyzed. This chapter briefly describes …

Copyright Divisibility And The Anticommons, Jyh-An Lee

American University International Law Review

No abstract provided.

Trips-Plus, Public Health And Performance-Based Rewards Schemes Options And Supplements For Policy Formation In Developing And Least Developed Countries, Mohammed K. El-Said

American University International Law Review

No abstract provided.

Nfc Technology Llc V. Htc America, Inc.: Judge Bryson's Sitting-By-Designation Guide To Securing Stays In Light Of Inter Partes Reviews, Jonathan Stroud

American University Law Review

No abstract provided.

A Threat To Or Protection Of Agency Relationships? The Impact Of The Computer Fraud And Abuse Act On Businesses, Jessica Milanowski

American University Business Law Review

No abstract provided.

The Innovator's Dilemma, Max S. Oppenheimer

American University Business Law Review

No abstract provided.

Safeguards For Defendant Rights And Interests In International Intellectual Property Enforcement Treaties, Kimberlee Weatherall

American University International Law Review

No abstract provided.

The Role Of Human Rights In Copyright Enforcement Online: Elaborating A Legal Framework For Website Blocking, Christophe Geiger, Elena Izyumenko

American University International Law Review

No abstract provided.

2015 Patent Decisions Of The Federal Circuit, Craig E. Countryman

American University Law Review

No abstract provided.

The Court And The Cannonball: An Inside Look, Stephen Wermiel, Lee Levine

Scholarly Articles in Law Reviews & Journals

As lawsuits over the right of publicity proliferate among athletes and other celebrities, there is renewed interest, by litigants and judges alike, in the one decision by the U.S. Supreme Court that addresses a tort action arising from a "publicity" related claim, Zacchini v. Scripps-Howard Broadcasting Co. Although the 1977 ruling is often cited as holding that the right of publicity tort survives constitutional scrutiny under the First Amendment, an examination of the case and of the Supreme Court justices' available papers shows that the Court did not view the case as presenting the type of claim that has become …

Sharing Research Data And Intellectual Property Law: A Primer, Michael W. Carroll

Joint PIJIP/TLS Research Paper Series

Sharing research data by depositing it in connection with a published article or otherwise making data publicly available sometimes raises intellectual property questions in the minds of depositing researchers, their employers, their funders, and other researchers who seek to reuse research data. In this context or in the drafting of data management plans, common questions are (1) what are the legal rights in data; (2) who has these rights; and (3) how does one with these rights use them to share data in a way that permits or encourages productive downstream uses? Leaving to the side privacy and national security …

Sharing Research Data And Intellectual Property Law: A Primer, Michael Carroll

Scholarly Articles in Law Reviews & Journals

Sharing research data by depositing it in connection with a published article or otherwise making data publicly available sometimes raises intellectual property questions in the minds of depositing researchers, their employers, their funders, and other researchers who seek to reuse research data. In this context or in the drafting of data management plans, common questions are (1) what are the legal rights in data; (2) who has these rights; and (3) how does one with these rights use them to share data in a way that permits or encourages productive downstream uses? Leaving to the side privacy and national security …

Between Scylla And Charybdis: Patentability And Morality Related To Human Embryonic Stem Cells, Li Jiang

Intellectual Property Brief

No abstract provided.

My Online Me: Why Gamers Should Turn To California’S Right Of Publicity Laws In Protecting Their Online Avatars, Breanne Hoke

Intellectual Property Brief

No abstract provided.

The New Gtld Program Or The More Things Change The More Things Stay The Same, Jack Vidovich

Intellectual Property Brief

No abstract provided.

2014 Trademark Law Decisions Of The Federal Circuit, Jonathan M. Gelchinsky

American University Law Review

No abstract provided.

The Supreme Court's Tightening Of Patent Definiteness & The Impact Of Nautilus V. Biosig On The Software Patent Industry, Maliha Khan

American University Business Law Review

No abstract provided.