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Articles 61 - 90 of 427
Full-Text Articles in Intellectual Property Law
Security Researchers Battle Against The Dmca, Andre Sardaryzadeh
Security Researchers Battle Against The Dmca, Andre Sardaryzadeh
Chicago-Kent Journal of Intellectual Property
In the digital age, cybersecurity plays a principal role in resolving consumer concerns regarding data breaches. Nevertheless, United States copyright laws prohibit the effective use of cybersecurity tools that disrupt malicious hackers from gaining access to personal (and sensitive) information. One law, in specific, that is detrimental to the defense against malicious attackers is the Digital Millennium Copyright Act (“DMCA”). Specifically, section 1201 of the DMCA prohibits the circumvention of copyrighted information. Malicious hackers have various tools and techniques to obtain unauthorized access to personal information via software vulnerabilities. Importantly, these vulnerabilities often result in the theft of consumers’ personal …
Rebranding Batman, Alice Preminger
Rebranding Batman, Alice Preminger
Chicago-Kent Journal of Intellectual Property
While one could reasonably characterize fan fiction as "socially contro- versial,” with some lauding the practice as a creative outlet and others meeting it with sneers, legally speaking, its position is undeniably precarious. Fan con- tent, including fan fiction and fan films, lives in the liminal space between cop- yright infringement and fair use. Fan creators argue their works are motivated by a desire to connect with beloved copyrighted expressive works—frequently popular media franchises—and are intended only for enjoyment by themselves and very small fan communities. Copyright owners find the practice of creating fan work far less innocuous, claiming the …
Never Tell Me The Odds: How To Avoid Infringement When Alluding To Copyrighted Works In Branding, Paul M. Matenaer
Never Tell Me The Odds: How To Avoid Infringement When Alluding To Copyrighted Works In Branding, Paul M. Matenaer
Chicago-Kent Journal of Intellectual Property
Alluding to copyrighted works in branding is common, especially among small businesses that tend to fly under the radar of the large corporations which own those copyrights. The craft beer industry, for example, is fond of such allusions, incorporating references to movies, comic books, and video games in product names and beer labels. Whether to pay homage to the creative genius found in those copyrighted works or to cash in on popular enthusiasm for them, brand allusions to copyrighted works are common. However, such homages to copyrighted works can be as dangerous as flying into an asteroid field because they …
Editorial Board, Chicago-Kent Journal Of Intellectual Property
Editorial Board, Chicago-Kent Journal Of Intellectual Property
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Frand Royalties: Rules V Standards?, Nicolas Petit, Amandine Léonard
Frand Royalties: Rules V Standards?, Nicolas Petit, Amandine Léonard
Chicago-Kent Journal of Intellectual Property
Royalties for intellectual property (IP) are like taxes. Everyone agrees that some limits are necessary. However, no one agrees on the levels at which the limits should be set. One way to overcome disagreement consists in asking if a legal rule or standard should govern the limits of IP royalties. This paper discusses this issue in the context of Standard Essential Patents (“SEPs”) governed by a commitment to license on Fair Reasonable and Non Discriminatory (“FRAND”) terms. The paper finds that FRAND rules generally surpass standards, but only under specific conditions.
Table Of Contents, Chicago-Kent Journal Of Intellectual Property
Table Of Contents, Chicago-Kent Journal Of Intellectual Property
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Unravelling Inventorship, Toshiko Takenaka
Unravelling Inventorship, Toshiko Takenaka
Chicago-Kent Journal of Intellectual Property
Inventorship, who made an invention, is one of the most important concepts under the U.S. patent system. Incorrect inventorship determinations result in patent invalidity not only because U.S. Constitution requires granting patents to true inventors, but also first-inventor- to-file novelty inherited many aspects of first-to-invent novelty which depended on inventorship whether to include prior inventions as prior art. Correcting inventorship may result in sharing patent exclusivity with competitors, which forfeits profits necessary to recover expensive development costs. However, the standard to determine inventorship has been called muddy by judges and commentators because neither the Patent Act nor case law provide …
Engaging With Outlaw Art, Jonathan Barrett
Engaging With Outlaw Art, Jonathan Barrett
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Table Of Contents, Chicago-Kent Journal Of Intellectual Property
Table Of Contents, Chicago-Kent Journal Of Intellectual Property
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Reexamining The Reviewed: Challenging Patents Subject To Inter Partes Review Via Ex Parte Reexamination, Ellyar Y. Barazesh
Reexamining The Reviewed: Challenging Patents Subject To Inter Partes Review Via Ex Parte Reexamination, Ellyar Y. Barazesh
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Copyright Notice, Chicago-Kent Journal Of Intellectual Property
Copyright Notice, Chicago-Kent Journal Of Intellectual Property
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Chicago-Kent Journal Of Intelletual Property Editorial Board 2021-2022, Chicago-Kent Journal Of Intellectual Property
Chicago-Kent Journal Of Intelletual Property Editorial Board 2021-2022, Chicago-Kent Journal Of Intellectual Property
Chicago-Kent Journal of Intellectual Property
No abstract provided.
The Art Of Cross-Examination In Ptab Trials, Philip D. Segrest Jr.
The Art Of Cross-Examination In Ptab Trials, Philip D. Segrest Jr.
Chicago-Kent Journal of Intellectual Property
Despite similarities in form, a cross-examination in a Patent Trial and Appeal Board (“PTAB”) trial constitutes trial testimony, which is different from a discovery deposition occurring in civil litigation. While most practitioners would readily recognize this distinction in the abstract, it can be easy to fall back into patterns learned in and applicable to pretrial discovery in civil litigation that may not fit for a PTAB cross-examination. The PTAB regulations describe cross-examination as “routine discovery” in the “form of a deposition transcript,” but a civil action discovery deposition and a PTAB trial cross-examination deposition differ in their goals, their applicable …
Did Sotera Stipulations Solve The Fintiv Criticisms?, Nathan Sportel
Did Sotera Stipulations Solve The Fintiv Criticisms?, Nathan Sportel
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Cancel [© Opyright] Culture: A Legal Analysis Of George Orwell's Nineteen Eighty-Four, Tracy Reilly
Cancel [© Opyright] Culture: A Legal Analysis Of George Orwell's Nineteen Eighty-Four, Tracy Reilly
Chicago-Kent Journal of Intellectual Property
In this article, I present a combined legal and literary analysis of one of the most destructive themes in contemporary intellectual property scholarship: the putative death of the copyright author. For decades, the vast majority of scholars in all academic disciplines have widely accepted that the conceptual death of the author announced in 1967 by French literary theorist Roland Barthes is today a conclusively proven fact. This piece, however, offers a unique and unquestionably controversial challenge to such a purported denouement: it boldly, and not without trepidation, theorizes that the true goal of some anti-author scholars is the outright annihilation …
Stop Glorifying Fashion Piracy: It Is Time To Enact The Innovative Design Protection Act, Keyon Lo
Stop Glorifying Fashion Piracy: It Is Time To Enact The Innovative Design Protection Act, Keyon Lo
Chicago-Kent Journal of Intellectual Property
The current low-IP regime in the United States fails to provide adequate protection for fashion designs. Multiple bills had been proposed in Congress to extend copyright protection to fashion designs, but none of these was passed. Proponents of the “Piracy Paradox” doctrine suggest that unregulated copying is paradoxically beneficial to fashion designers and can foster innovation. This paper shows that the doctrine reflects a clear misunderstanding of fashion theories and how fashion trends are formed. It further argues that the fashion industry requires a diverse portfolio of inspired works rather than line-by-line knockoffs to foster trend formation. The Innovative Design …
Considerations For Means-Plus-Function Construction, Michelle Aspen
Considerations For Means-Plus-Function Construction, Michelle Aspen
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Chicago-Kent Journal Of Intellectual Property Editorial Board 2021-2022
Chicago-Kent Journal Of Intellectual Property Editorial Board 2021-2022
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Ptab Bar Editorial Board
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Review Of Post-Arthrex Handling Of Pending Federal Circuit Appeals With Appointment Clause Challenges, Matthew Johnson, John Evans, Hannah Mehrle
Review Of Post-Arthrex Handling Of Pending Federal Circuit Appeals With Appointment Clause Challenges, Matthew Johnson, John Evans, Hannah Mehrle
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Protecting Data Privacy For Mobile Payments Under The Chinese Law: Comparative Perspectives And Reform Suggestions, Robin Hui Huang, Qiang Han, Xiuwen Zhu
Protecting Data Privacy For Mobile Payments Under The Chinese Law: Comparative Perspectives And Reform Suggestions, Robin Hui Huang, Qiang Han, Xiuwen Zhu
Chicago-Kent Journal of Intellectual Property
China has become one of the largest mobile payment markets in the world. While mobile payments bring great benefits such as convenience, flexibility, and efficiency, they are not without risks. This article focuses on one of the major risks, namely the data privacy risk, which is in large part caused and exacerbated by the involvement of multiple players and the extensive collection of personal information. There were some difficulties in protecting data privacy under the traditional legal framework, which was developed in a piecemeal manner with relevant provisions scattered around many different laws. In response, China has been trying to …
Leaving The Best Of Artists And Authors Helpless, Lin Manuel-Miranda's Hamilton Illustrates How The Fair Use Test Is Too Gray, Lauren M. Hausman
Leaving The Best Of Artists And Authors Helpless, Lin Manuel-Miranda's Hamilton Illustrates How The Fair Use Test Is Too Gray, Lauren M. Hausman
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Copyright Notice, Chicago-Kent Journal Of Intellectual Property
Copyright Notice, Chicago-Kent Journal Of Intellectual Property
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Chicago-Kent Journal Of Intelletual Property Editorial Board 2020-2021, Chicago-Kent Journal Of Intellectual Property
Chicago-Kent Journal Of Intelletual Property Editorial Board 2020-2021, Chicago-Kent Journal Of Intellectual Property
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Patents Are Not Probabilities: Refuting The Probabilistic Patent Theory, Bryan Gant
Patents Are Not Probabilities: Refuting The Probabilistic Patent Theory, Bryan Gant
Chicago-Kent Journal of Intellectual Property
The probabilistic patent theory espoused by Carl Shapiro and Mark Lemley suggests that the lawful term of a patent is limited by the probability that the patent will be held valid and enforceable. For example, under this theory a patent with a 60% chance of being held valid and enforceable would lawfully grant 60% of a statutory patent term; any enforcement beyond that point would risk violating the antitrust laws. This article explains that Shapiro and Lemley’s theory has at least three fatal flaws: First, it depends on a “judicially-created” view of patents the Supreme Court has since rejected in …
Table Of Contents, Chicago-Kent Journal Of Intellectual Property
Table Of Contents, Chicago-Kent Journal Of Intellectual Property
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Alice At Six: Patent Eligibility Comes Of Age, Mark A. Perry, Jaysen S. Chung
Alice At Six: Patent Eligibility Comes Of Age, Mark A. Perry, Jaysen S. Chung
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Establishment And Use Of Non-Exclusive Factors To Deny Institution Under §§ 314(A) And 325(D), Scott Seeley, Tim Seeley
Establishment And Use Of Non-Exclusive Factors To Deny Institution Under §§ 314(A) And 325(D), Scott Seeley, Tim Seeley
Chicago-Kent Journal of Intellectual Property
No abstract provided.