Intellectual Property Law Commons^™

Sunrise Seminar Iii. Icann: Rights Protection Mechanisms, Gerald M. Levine, Gregory S. Shatan, Mary W. S. Wong, Claudio Digangi, Kristin G. Garris, Gareth Dickson

27th Annual Intellectual Property Law & Policy Conference (2019)

No abstract provided.

1a Plenary Session. Key Current Ip Issues: Reflections & Analysis, Hugh C. Hansen, Erich Andersen, Richard Arnold, David Carson, Robin Jacob, David J. Kappos, Bryan C. Zielinski

27th Annual Intellectual Property Law & Policy Conference (2019)

No abstract provided.

1b Plenary Session. Ip — Past, Present & Future, Hugh C. Hansen, Nicholas Banasevic, Donald Dunner, Ralph Oman, Etienne Sanz De Acedo, Marshall Leaffer, Daryl Lim, James Nurton, Brian Pandya, Eleonora Rosati, Antony Taubman

27th Annual Intellectual Property Law & Policy Conference (2019)

No abstract provided.

1c Plenary Session. Government Leaders’ Perspectives On Ip, Hugh C. Hansen, Andrew C. Finch, Marco Giorello, Andrei Iancu, Paul Michel, Maria Martin-Prat, Karyn A. Temple

27th Annual Intellectual Property Law & Policy Conference (2019)

No abstract provided.

2a Patent Law Session. Ptab, Robert J. Goldman, George E. Badenoch, Vanessa Bailey, Patricia A. Martone, Brian P. Murphy, Dustin F. Guzior, John Pegram

27th Annual Intellectual Property Law & Policy Conference (2019)

No abstract provided.

2b Patent Law Session. Priority, Jennifer Jones, Tobias Bremi, Maximilian Haedicke, Rian Kalden, John R. Thomas, Steven R. Trybus

27th Annual Intellectual Property Law & Policy Conference (2019)

No abstract provided.

2c Patent Law Session. Second Medical Use/Plausibility, John Richards, Robert Burrows, Klaus Grabinski, Lennie Hoffmann, Takeshi Maeda, John Pegram, Laura Whiting, Kevin J. Mcgough

27th Annual Intellectual Property Law & Policy Conference (2019)

No abstract provided.

3a Copyright Law Session. Google V. Oracle, Joshua L. Simmons, Lana K. Guthrie, Eric A. Prager `, Ali Sternburg, Joshua D. Sarnoff, Andrew D. Silverman

27th Annual Intellectual Property Law & Policy Conference (2019)

No abstract provided.

3b Copyright Law Session. Dmca: 20 Years Later, Mitch Glazier, William Patry, J. Devlin Hartline, Jacqueline C. Charlesworth, Joseph C. Gratz, Benjamin F. Golant

27th Annual Intellectual Property Law & Policy Conference (2019)

No abstract provided.

3c Copyright Law Session. Eu Copyright Reform, Ted Shapiro, Eleonora Rosati, N. Cameron Russell, Lauri Rechardt, Jan Bernd Nordemann, Justin Hughes, Giuseppe Mazziotti, Marco Giorello, Stanford Mccoy

27th Annual Intellectual Property Law & Policy Conference (2019)

No abstract provided.

4a Session. Artificial Intelligence (Ai), Laura Sheridan, Massimo Sterpi, Carlo Scollo Lavizzari, Katharine Stephens, Shlomit Yanisky-Ravid, Mihály Ficsor, Celine Castets-Renard

27th Annual Intellectual Property Law & Policy Conference (2019)

No abstract provided.

4b Session. In-House Counsel, Andrew Trask, Melissa Moriarty, John Colgan, Lynda Nguyen, Cheryl Wang

27th Annual Intellectual Property Law & Policy Conference (2019)

No abstract provided.

4c Session. Ip In China, Probir J. Mehta, Spring Chang, He Jing, James K. Stronski, James Moore Bollinger, Jill (Yijun) Ge

27th Annual Intellectual Property Law & Policy Conference (2019)

No abstract provided.

Full Cost In Translation: Awarding Expert Witness Fees In Copyright Litigation, Nicholas Vennekotter

Fordham Law Review

When deciding whether to bring or defend against copyright infringement claims, the cost of litigation plays a critical role in the minds of potential litigants. The cost of retaining experts, particularly, is a large factor in this calculus. Although U.S. courts generally require each party to cover the cost of their own legal fees during litigation, the Copyright Act of 1976 permits courts, in their discretion, to allow the prevailing party to recover “full costs.” Yet, the language “full costs” is considered ambiguous, which leads to inconsistent awards of costs among the appellate courts. The circuits disagree whether the Copyright …

A Patent Reformist Supreme Court And Its Unearthed Precedent, Samuel F. Ernst

Fordham Intellectual Property, Media and Entertainment Law Journal

How is it that the Supreme Court, a generalist court, is leading a project of innovation reform in our times while the court of appeals established to encourage innovation is having its precedent stricken down time and again? This decade the Supreme Court has issued far more patent law decisions than in any decade since the passage of the Patent Act of 1952. In doing so, the Supreme Court has overruled the Federal Circuit in roughly threequarters of the patent cases in which the Supreme Court has issued opinions. In most of these cases, the Supreme Court has established rules …

Towards A Transatlantic Concept Of Data Privacy, Erdem BüYüKsagis

Fordham Intellectual Property, Media and Entertainment Law Journal

Due to ever-growing big data and the ease with which information can be transmitted over the Internet, it has become more complicated for individuals to enjoy their rights to access, to rectify and erase personal information, and for the judiciary to apply conventional privacy law rules, such as consent, transparency, and purpose limitation. On both sides of the Atlantic, this phenomenon has motivated legislatures and courts to extend protective measures in data privacy. Nevertheless, data protection standards in the United States and the European Union (“EU”) appear to many observers to be radically different and even mutually incompatible. The European …

Laundering The Art Market: A Proposal For Regulating Money Laundering Through Art In The United States, Alessandra Dagirmanjian

Fordham Intellectual Property, Media and Entertainment Law Journal

As high-net worth individuals have increasingly viewed art as a method of diversifying their portfolios, prices in the high-end global art market have exploded in the past several years. At the same time, investors have developed new methods for accessing art’s liquidity, such as art lending services and exchanges. While the changing character of art towards an asset class has opened the door to new investment opportunities, it has also left the art market particularly vulnerable to money laundering schemes. Existing characteristics of the art market, including a lack of uniform record-keeping standards among dealers and the speculative nature of …

Ethnicity And The Recognition Of Asian Surnames Through Trademark Filings, Russell W. Jacobs

Fordham Intellectual Property, Media and Entertainment Law Journal

This Article presents the results of a study using U.S. Patent and Trademark Office (“USPTO”) trademark application records to determine the rates of recognition of surnames held by people belonging to six Asian ethnic groups—Chinese, Filipino, Indian, Japanese, Korean, and Vietnamese. This study follows upon an earlier study that examined a broader dataset of ethnic designations set forth in the 2000 U.S. Census, looking at not just Asian or Pacific Islander names, but also Black, Hispanic, Native American or Alaska Native, and White names. That study looked at the intersection of two sources of data—surnames recorded in the 2000 U.S. …

Fair Trade-Mark: Proposing An Affirmative Duty On Licensors To Enforce Their Corporate Social Responsibility Codes, Dorothy L. Newman

Fordham Intellectual Property, Media and Entertainment Law Journal

Modern consumers are increasingly interested in seeing the brands they love commit to corporate social responsibility (CSR), including fair labor practices and environmental sustainability throughout their supply chains. Many corporations capitalize on this demand through branding strategies that highlight their commitment to CSR. Branding of CSR can include publishing codes of conduct on corporate websites, incorporating a value of doing good while doing well in print and video advertisements, or even publicly partnering with nonprofit organizations. The Lanham Act, the primary federal trademark statute in the United States, articulates federal laws pertaining to branding and advertising, and is rooted in …

The Aftereffects Of Tc Heartland: How To Effectively Approach Motions To Dismiss And Motions To Transfer On The Basis Of Improper Venue, Jennifer Rosenblatt

Fordham Intellectual Property, Media and Entertainment Law Journal

Prior to the Supreme Court's decision in TC Heartland, the law of venue in patent infringement actions fluctuated over time. In recent history, the Eastern District of Texas became a notoriously plaintiff-friendly forum in which to litigate patent infringement actions; it was also a widely available choice of forum due to the Court of Appeals for the Federal Circuit's broad reading of the patent venue statute, 28 U.S.C. § 1400(b). However, the Supreme Court in TC Heartland adopted its earlier interpretation of the patent venue statute that is much narrower than subsequent interpretive expansions.

This Note surveys and categorizes motions …

Barbie In Bondage: What Orly Lobel’S Book “You Don’T Own Me: How Mattel V. Mga Entertainment Exposed Barbie’S Dark Side” Tells Us About The Commoditization Of The Female Body, Ann Bartow

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Controlling Cargo: Amazon’S Predatory Attempt To Disrupt The Fashion Industry By Dominating The International Transportation Of Goods, Mary Kate Brennan

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Private-Sector Ecosystem Of User Data In The Digital Age, [email protected]

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Fourth Amendment And Technological Exceptionalism After Carpenter: A Case Study On Hash-Value Matching, Denae Kassotis

Fordham Intellectual Property, Media and Entertainment Law Journal

The Fourth Amendment has long served as a barrier between the police and the people; ensuring the government acts reasonably in combating crime. Fourth Amendment jurisprudence is more dynamic than other constitutional guarantees, and has undergone periodic shifts to account for technological and cultural changes. The Supreme Court’s 2018 decision in United States v. Carpenter marks the most recent jurisprudential shift, as the Court departed from the well-settled reasonable expectation of privacy test to account for a new technology (CSLI records). This Note examines Carpenter’s impact on future Fourth Amendment cases, using another novel surveillance technique, hash-value matching, as a …

Face Off: An Examination Of State Biometric Privacy Statutes & Data Harm Remedies, Maya E. Rivera

Fordham Intellectual Property, Media and Entertainment Law Journal

As biometric authentication becomes an increasingly popular method of security among consumers, only three states currently have statutes detailing how such data may be collected, used, retained, and released. The Illinois Biometric Information Privacy Act is the only statute of the three that enshrines a private right of action for those who fail to properly handle biometric data. Both the Texas Capture or Use Biometric Identifier Act Information Act and the Washington Biometric Privacy Act allow for state Attorneys General to bring suit on behalf of aggrieved consumers. This Note examines these three statutes in the context of data security …

The Concealed Cost Of Convenience: Protecting Personal Data Privacy In The Age Of Alexa, Lauren Bass

Fordham Intellectual Property, Media and Entertainment Law Journal

In today’s interconnected, internet-dependent, global information economy, consumers willingly, but often unwittingly, divulge to tech companies their personal and private data—frequently with little regard for its safekeeping or intended future use.

Enter Alexa, Amazon’s voice-activated, natural-language processing digital smart assistant. A sophisticated artificial intelligence (“AI”), Alexa insinuates itself into a user’s personal sphere, learns from and adapts to the surrounding environment, siphons personal information and data, and ultimately produces for the user a perfectly tailored, concierge experience. Convenience is the product. Data privacy is the cost.

Over one half of American consumers own an Alexa-enabled device or other AI-powered digital …

The Gdpr-Blockchain Paradox: Exempting Permissioned Blockchains From The Gdpr, Anisha Mirchandani

Fordham Intellectual Property, Media and Entertainment Law Journal

When considering the legal landscape emerging after the General Data Protection Regulation went into effect on May 25, 2018, the uncertainty surrounding the Regulation reaches its peak when it is applied to blockchain technology. While the goals of storing personal data on permissioned blockchains may align with the goals of accuracy and transparency emulated by the GDPR, the language of the Regulation makes it likely that blockchain technology, as a whole, violates the GDPR. Permissioned blockchains have promising use cases and developments that have not only streamlined data storage, but also allowed users to have increased control over who accesses …

A Tale Of Sovereignty And Liberalism: The Lockean Myth Of Intellectual Property, Shaoul Sussman

Fordham Intellectual Property, Media and Entertainment Law Journal

The influence of John Locke’s thought upon the general legal perception of property rights cannot be overstated. Locke’s Labor theory of property holds that property originally comes about through individual exertion upon natural objects and that legal rights in the result of this labor are in fact property rights. The Lockean theory of property has dominated the Anglo-American legal discourse and is frequently used to justify various property regulation schemes. Despite this fact, many scholars have struggled to apply the theory to the field of intellectual property, and in particular to the field of patents and copyright. Many have attempted …

Argh, No More Pirating America’S Booty: Improving Copyright Protections For American Creators In China, Johnathan Ling

Fordham Intellectual Property, Media and Entertainment Law Journal

The advent of the internet brought about revolutionary changes and challenges to the world. Internet piracy is one area which is presenting new challenges, particularly to copyright holders such as artists, filmmakers, and creators. China has been a hotbed of piracy and is home to the second highest number of file sharing infringers in the world. China has made strides to improve its copyright protection, such as implementing a copyright law in 1990, as well as joining the World Trade Organization and signing on to the Agreement on Trade-Related Aspects of Intellectual Property Rights, which specifies minimum levels of intellectual …

Accountability Of Algorithms In The Gdpr And Beyond: A European Legal Framework On Automated Decision-Making, Céline Castets-Renard

Fordham Intellectual Property, Media and Entertainment Law Journal

Automated decision systems appear to carry higher risks today than they ever have before. Digital technologies collect massive amounts of data and evaluate people in every aspect of their lives, such as housing and employment. This collected information is ranked through the use of algorithms. The use of such algorithms may be problematic. Because the results obtained through algorithms are created by machines, they are often assumed to be immune from human biases. However, algorithms are the product of human thinking and, as such, can perpetuate existing stereotypes and social segregation. This problem is exacerbated by the fact that algorithms …