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Articles 181 - 210 of 829
Full-Text Articles in Intellectual Property Law
The Art Of Food Placement: Will The U.S. Follow Germany's Lead In Copyrighting Artistic Food Placement?, 15 J. Marshall Rev. Intell. Prop. L. 565 (2016), Julianna Walo
UIC Review of Intellectual Property Law
Recently, German courts created groundbreaking precedent allowing copyright protection for the artistic placement of food on a plate. The rulings allow chefs to prohibit people from taking pictures of the copyrighted food placement. While Germany’s moral-based legal system allows for such copyright protections, this comment compares the U.S. legal system to that of Germany and examines if and how such copyright protection could extend to food placement in the U.S.
Open Source Paradigm: Beyond The Solution To The Software Patentability Debate, 15 J. Marshall Rev. Intell. Prop. L. 647 (2016), Giovanna Massarotto
Open Source Paradigm: Beyond The Solution To The Software Patentability Debate, 15 J. Marshall Rev. Intell. Prop. L. 647 (2016), Giovanna Massarotto
UIC Review of Intellectual Property Law
Around 300 BCE, a Greek mathematician, Euclid discovered a theorem on which modern geometry and a fundamental algorithm is based. Euclid’s theorem represents a method for calculating the greatest common divisors between two integers. Since 300 BCE, both Euclid’s Theorem and algorithm have been applied in many fields, including algebra and geometry. But what would have happened if Euclid’s Theorem had been patented? The issue is not whether we can continue to use Euclid’s Theorem without paying royalties, but if software and algorithms underlying the software are patentable. Although software is based on algorithms similar to the algorithm discovered by …
That Old Familiar Sting: Tattoos, Publicity, And Copyright, 15 J. Marshall Rev. Intell. Prop. L. 762 (2016), Matthew Parker
That Old Familiar Sting: Tattoos, Publicity, And Copyright, 15 J. Marshall Rev. Intell. Prop. L. 762 (2016), Matthew Parker
UIC Review of Intellectual Property Law
Tattoos have experienced a significant rise in popularity over the last several decades, and in particular an explosion in popularity in the 2000s and 2010s. Despite this rising popularity and acceptance, the actual mechanics of tattoo ownership and copyright remain very much an issue of first impression before the courts. A series of high-priced lawsuits involving famous athletes and celebrities have come close to the Supreme Court at times, but were ultimately settled before any precedent could be set. This article describes a history of tattoos and how they might be seen to fit in to existing copyright law, and …
Two Comparative Perspectives On Copyright’S Past And Future In The Digital Age, 15 J. Marshall Rev. Intell. Prop. L. 698 (2016), Timothy Armstrong
Two Comparative Perspectives On Copyright’S Past And Future In The Digital Age, 15 J. Marshall Rev. Intell. Prop. L. 698 (2016), Timothy Armstrong
UIC Review of Intellectual Property Law
This book review compares two recent titles on copyright law: THE COPYRIGHT WARS: THREE CENTURIES OF TRANS-ATLANTIC BATTLE by Peter Baldwin, and COPYFIGHT: THE GLOBAL POLITICS OF DIGITAL COPYRIGHT REFORM by Blayne Haggart. Both books are meticulously researched and carefully written, and each makes an excellent addition to the literature on copyright. Contrasting both titles in this joint review, however, helps to reveal a few respects in which each work is incomplete; indeed, each book occasionally reads as a critique of the other. Baldwin’s book places contemporary debates in a much deeper historical context, but in so doing overlooks some …
A Methodical Look At Divided Infringement, 15 J. Marshall Rev. Intell. Prop. L. 780 (2016), Katie Silikowski
A Methodical Look At Divided Infringement, 15 J. Marshall Rev. Intell. Prop. L. 780 (2016), Katie Silikowski
UIC Review of Intellectual Property Law
In Akamai Technologies v. Limelight, The Federal Circuit created a new type of multiple actor infringement called divided infringement. The divided infringement standard created by Akamai clashes with The Patent Act. It allows courts to increase the scope of method patents after an infringing act occurs, and it renders the concept of inducement of infringement unnecessary. This comment examines the evolution of the divided infringement standard up to Akamai and Eli Lilly Company v. Teva Parental Medicines, Inc, a case that applies the Akamai standard to a therapeutic method patent. It ultimately concludes that the solution to multiple actor infringement …
Damages Control: Returning Royalties To Their Reasonable Roots, 15 J. Marshall Rev. Intell. Prop. L. 827 (2016), Adam Friedman
Damages Control: Returning Royalties To Their Reasonable Roots, 15 J. Marshall Rev. Intell. Prop. L. 827 (2016), Adam Friedman
UIC Review of Intellectual Property Law
Calculating patent damages can be a costly and difficult process for litigants. Because of the requirement that damages not fall below a reasonable royalty, there has been substantial focus on how to determine what a reasonable royalty is. This article examines the history of the doctrine and the policies underlying its existence. Due to conflicting strains of the doctrine which serve distinct but separate policy goals, the article proposes that federal judges separate the two strains into distinct and independent bases for recovery. By doing this the courts will be able to expand and refine the two fundamentally different theories …
The New Ponzi Scheme: Bittorrent & Hardcore Pornography, 15 J. Marshall Rev. Intell. Prop. L. 799 (2016), Tiffany Alberty
The New Ponzi Scheme: Bittorrent & Hardcore Pornography, 15 J. Marshall Rev. Intell. Prop. L. 799 (2016), Tiffany Alberty
UIC Review of Intellectual Property Law
The purpose of this article is to shed light on the recent issues facing the ongoing BitTorrent copyright infringement litigation, by reflecting on district court decisions over the past ten years and analyzing two recent circuit court decisions. More specifically, this article focuses on how pornography trolls abuse the principles of copyright infringement by forcing John Doe litigants in BitTorrent to settle without fully exercising their right by trial. By using sociological tactics and pseudo-moral standards, these trolls coerce John Does to pay over thousands of dollars in settlement out of embarrassment and fear for watching the pornography that these …
The Patenting Of Gene Based Diagnostic Assays In A Post Mayo And Myriad World, 16 J. Marshall Rev. Intell. Prop. L. 1 (2016), Michael Sanzo
The Patenting Of Gene Based Diagnostic Assays In A Post Mayo And Myriad World, 16 J. Marshall Rev. Intell. Prop. L. 1 (2016), Michael Sanzo
UIC Review of Intellectual Property Law
Recent advances in biotechnology have given researchers the ability to comprehensively examine the genetic basis of disease in unprecedented ways and will undoubtedly result in many new and valuable gene based diagnostic assays in the near future. These advances came during a period of roughly thirty years during which the patent eligibility of such assays was essentially unquestioned. Then, beginning in 2010, the Supreme Court embarked on a series of decisions that will, in almost all cases, preclude the patenting of diagnostic assays that rely on genetic mutations or gene expression patterns. This article suggests that reason that the issue …
Automatic Discovery Of Prior Art: Big Data To The Rescue Of The Patent System, 16 J. Marshall Rev. Intell. Prop. L. 44 (2016), Amir Khoury, Ron Bekkerman
Automatic Discovery Of Prior Art: Big Data To The Rescue Of The Patent System, 16 J. Marshall Rev. Intell. Prop. L. 44 (2016), Amir Khoury, Ron Bekkerman
UIC Review of Intellectual Property Law
In this research, we offer a fresh approach as to determining prior art. We do this by using Big Data methods. More specifically, we apply a model which constructs the semantic space of patents, in which all published patents and patent applications are arranged according to semantic similarities between each other. Our model provides a clear indication of how closely patents stand in relation to existing technologies, which we refer to as Near Inventions (“NI”). Our model exposes a certain level of deficiency when it comes to the disclosure, by patent applicants, of NIs. One conclusion which we draw from …
The Great Decentralization: How Web 3.0 Will Weaken Copyrights, 15 J. Marshall Rev. Intell. Prop. L. 136 (2015), Nick Vogel
UIC Review of Intellectual Property Law
Bitcoin’s popularity increased as its value increased and people became excited about the prospect of a trustless, decentralized currency that could be used on the Internet. Within the last two years, however, people and organizations began exploiting the potential of the block chain that powers the bitcoin network. These people realized that the block chain—a transparent public ledger that cannot be altered—can be used for more than digital currency. One such organization calls itself Ethereum and its developers plan to use block chains to allow decentralized autonomous applications to operate free of government censorship or corruption. While such a network …
Parody In Trademark Law: Dumb Starbucks Makes Trademark Law Look Dumb, 14 J. Marshall Rev. Intell. Prop. L. 143 (2015), Deborah Kemp, Lynn Forsythe, Ida Jones
Parody In Trademark Law: Dumb Starbucks Makes Trademark Law Look Dumb, 14 J. Marshall Rev. Intell. Prop. L. 143 (2015), Deborah Kemp, Lynn Forsythe, Ida Jones
UIC Review of Intellectual Property Law
Comedian Nathan Fielder opened a coffee shop which looked like a Starbucks, but he put the word “dumb” in front of the Starbucks name. Fielder justified his behavior based on the argument that he had created a parody of Starbucks. This article explores when a parody of a trademark may be entitled to protection under the First Amendment. If so, what are the limits of this protection, especially when a trademark holder argues that the parody is diluting his or her trademark by either blurring or tarnishment? The article analyzes federal statutes and judicial decisions. It concludes with recommendations to …
Who's The Vandal? The Recent Controversy Over The Destruction Of 5pointz And How Much Protection Does Moral Rights Law Give To Authorized Aerosol Art?, 14 J. Marshall Rev. Intell. Prop. L. 326 (2015), Susanna Frederick Fischer
Who's The Vandal? The Recent Controversy Over The Destruction Of 5pointz And How Much Protection Does Moral Rights Law Give To Authorized Aerosol Art?, 14 J. Marshall Rev. Intell. Prop. L. 326 (2015), Susanna Frederick Fischer
UIC Review of Intellectual Property Law
This paper considers the extent to which federal moral rights law protects authorized graffiti and aerosol art against destruction, in the context of the controversy over the destruction of 5Pointz. 5Pointz, a sprawling complex of warehouse buildings in Queens, was a Mecca for aerosol art. The buildings’ owners ordered the demolition of 5Pointz after the November 2013 order by New York federal district judge Frederic Block denying the artists a preliminary injunction to stop destruction under the federal moral rights statute, the Visual Artists Rights Act (VARA). This paper argues that Judge Block erred in finding that the transient nature …
The Remains Of Laches In Copyright Infringement Cases: Implications Of Petrella V. Metro-Goldwyn-Mayer, 14 J. Marshall Rev. Intell. Prop. L. 432 (2015), Daniel Brainard
The Remains Of Laches In Copyright Infringement Cases: Implications Of Petrella V. Metro-Goldwyn-Mayer, 14 J. Marshall Rev. Intell. Prop. L. 432 (2015), Daniel Brainard
UIC Review of Intellectual Property Law
Common law equitable doctrines are fundamentally at odds with modern statutes of limitations. While modern copyright courts found new ways to allow laches and the Copyright Act’s three year statute of limitations to coexist, the foundation for doing so was significantly weakened. The Supreme Court in Petrella v. Metro-Goldwyn-Mayer restricted the use of laches as a defense to copyright infringement to only extraordinary circumstances and provided two Circuit Court cases as demonstrating examples of laches for future use. In actuality, however, it appears the Supreme Court and Circuit Courts failed to analyze the facts in depth and ended up rendering …
The U.S. And Russian Patent Systems: Recent Amendments And Global Implications For The Protection Of Intellectual Property Rights, 14 J. Marshall Rev. Intell. Prop. L. 504 (2015), Elena Beier, Anne Wright Fiero
The U.S. And Russian Patent Systems: Recent Amendments And Global Implications For The Protection Of Intellectual Property Rights, 14 J. Marshall Rev. Intell. Prop. L. 504 (2015), Elena Beier, Anne Wright Fiero
UIC Review of Intellectual Property Law
Recent legislative and geo-political activity might suggest little common ground between the United States and Russia. The respective intellectual property laws of these two countries, however, share many common goals. In fact, as reflected in the Report of the Innovation Working Group of the Russia-US Bilateral Presidential Commission (initiated by the Ministry of Economic development of the Russian Federation and U.S. Department of State), the two countries are trending towards cooperative intellectual property legislation. This article compares U.S. and Russian patent laws, with a particular emphasis on recent amendments in the areas of inventorship, prior art, and technology transfers. It …
Inventing A New Way Of Dealing With Circumvention: A Patent-Based Alternative To The Dmca, 15 J. Marshall Rev. Intell. Prop. L. 91 (2015), Priya Desai
UIC Review of Intellectual Property Law
Over time, it has become easier for consumers to steal music. Some technologies, like ReDigi, have been specifically designed to allow copyright infringement by giving consumers the ability to sell digitally purchased music files. While copyright laws have been updated to deal with changing technologies, the laws have not been sufficient to keep up. This comment highlights the failings of modern copyright law and questions whether patent laws are a viable way to ensure that technologies that induce copyright infringement do not find marketplace success.
Bad News Birkins: Counterfeit In Luxury Brands, 14 J. Marshall Rev. Intell. Prop. L. 249 (2015), Colleen Jordan Orscheln
Bad News Birkins: Counterfeit In Luxury Brands, 14 J. Marshall Rev. Intell. Prop. L. 249 (2015), Colleen Jordan Orscheln
UIC Review of Intellectual Property Law
The luxury fashion industry spends millions of dollars each year fighting counterfeits, yet a fake Louis Vuitton bag is easily purchased on street corners around the world. Proponents of the counterfeits argue that the fakes translate to advertising for the brands, while the luxury brands argue that it damages the future of their brand. The counterfeit market has been linked to child labor, human trafficking, organized crime, and some terrorist groups. The current federal civil and criminal statutes exclude purchasers from prosecution and instead focus on the distributors of the goods. This comment proposes the strengthening of these laws by …
The Economics Of Reasonable Royalty Damages: The Limited, Proper Role Of The So-Called “Analytical Method”, 49 J. Marshall L. Rev. 1 (2015), Mark Glick, David Mangum
The Economics Of Reasonable Royalty Damages: The Limited, Proper Role Of The So-Called “Analytical Method”, 49 J. Marshall L. Rev. 1 (2015), Mark Glick, David Mangum
UIC Law Review
No abstract provided.
Professional Video Gaming: Piracy That Pays, 49 J. Marshall L. Rev. 217 (2015), Elizabeth Brusa
Professional Video Gaming: Piracy That Pays, 49 J. Marshall L. Rev. 217 (2015), Elizabeth Brusa
UIC Law Review
This Comment will focus on the legal implications of end user gamers who profit from the infringing use of copyrighted video gameplay content.
Troubleshooting Legal Malfunction: Lexmark And Consumer Standing Under The Lanham Act, 48 J. Marshall L. Rev. 453 (2015), Jeremy Rovinsky
Troubleshooting Legal Malfunction: Lexmark And Consumer Standing Under The Lanham Act, 48 J. Marshall L. Rev. 453 (2015), Jeremy Rovinsky
UIC Law Review
This article suggests that the recent Lexmark decision, while resolving the confusion relating to Lanham Act standing requirements, does nothing to protect those most vulnerable—the consumers. Congress must explicitly declare that consumers have standing under the Lanham Act when they have been damaged by purchasing falsely represented goods or services. Section I provides a history of the Lanham Act and illustrates how different courts initially allowed and then precluded consumers from bringing claims under Section 43(a)’s “any person” language. Section II critiques the opinions that have found no consumer standing, including the Supreme Court’s recent Lexmark decision. Section III highlights …
The Insufficiency Of The Musical Instrument Passport Program Under Cites And The Lacey Act: The Need For A Centralized Wood Title Certification System For Manufactured Wood Products And Wooden Musical Instruments, 48 J. Marshall L. Rev. 495 (2015), Joseph Furlett
UIC Law Review
This comment begins with overviews of the Lacey Act, the Convention on International Trade of Endangered Species of Wild Fauna and Flora (CITES), and the Endangered Species Act of 1973 (ESA). The purpose of this background information is to provide context for the recent creation of a “passport” system for musical instruments to protect them from confiscation based on violations of CITES and the Lacey Act. This comment will then analyze the inherent flaws in the current passport system and describe the difficulties facing corporations and individual consumers as they try to navigate current laws that affect musical instruments. This …
Living With Monsanto, 2015 Mich. St. L. Rev. 559 (2015), Daryl Lim
Living With Monsanto, 2015 Mich. St. L. Rev. 559 (2015), Daryl Lim
UIC Law Open Access Faculty Scholarship
Bowman v. Monsanto Co. signaled the end of an era of seed saving. Farmers must buy new seed for replanting or risk patent infringement. The familiar rhetoric of oppressed farmers belies the fact that Monsanto’s success rests in part on farmers prizing its innovations. Current trends indicate that this reliance on Monsanto will continue. The Supreme Court correctly found for Monsanto. However, future cases must iron out the kinks in the Bowman decision. Despite the Court’s best intentions, inadvertence cannot shield farmers from patent infringement. The Court must also make it clear that patentees cannot use licensing restrictions to claw …
Three Hundred Nos: An Empirical Analysis Of The First 300+ Denials Of Institution For Inter Partes And Covered Business Method Patent Reviews Prior To In Re Cuozzo Speed Technologies, Llc, 14 J. Marshall Rev. Intell. Prop. L. 112 (2015), Jarrad Wood, Jonathan Stroud
Three Hundred Nos: An Empirical Analysis Of The First 300+ Denials Of Institution For Inter Partes And Covered Business Method Patent Reviews Prior To In Re Cuozzo Speed Technologies, Llc, 14 J. Marshall Rev. Intell. Prop. L. 112 (2015), Jarrad Wood, Jonathan Stroud
UIC Review of Intellectual Property Law
Tasked in 2011 with creating powerful new patent review trial regimes, the U.S. Patent and Trademark Office—through the efforts of their freshly empowered quasi-judicial body, the Patent Trial and Appeal Board—set to creating a fast-paced trial with limited discovery and concentrated efficiency. For two years, the proceedings have proved potent, holding unpatentable many of the claims that reached decisions on the merits. Yet a small subsection of petitions never make it past the starting gate, resulting in wasted time and effort on the parts of petitioners—and likely sighs of relief from the rights-holders. The AIA exempted institution decisions from appellate …
Public Standards And Patent Damages, 14 J. Marshall Rev. Intell. Prop. L. 199 (2015), Ben Johnson
Public Standards And Patent Damages, 14 J. Marshall Rev. Intell. Prop. L. 199 (2015), Ben Johnson
UIC Review of Intellectual Property Law
Some markets require legislation in order to exist. The products and/or services offered by those markets may be covered by one or more letters patent. In certain of those markets, a situation arises in which a private party owns a right to exclude others from participating in that publicly-enabled market. These situations may be referred to “public standards.” Like their cousins in the private sector, public standards require special consideration when it comes to determining potential compensation to the patentee from its competitors. Following the lead of the Western District of Washington, this paper recommends a modification of the traditional …
Music As Cultural Heritage: Analysis Of The Means Of Preventing The Exploitation Of Intangible Cultural Heritage, 14 J. Marshall Rev. Intell. Prop. L. 228 (2015), Ronald Inawat
UIC Review of Intellectual Property Law
What started out as a law school requirement quickly snowballed into an analysis of the relationship between intellectual property and cultural heritage. I am a music guy at heart, having played piano since I was five years old, having composed one song (after multiple tries), and now working directly with musicians and artists. So when I began researching a topic for an article that would connect the dots between the cultural heritage and its respective music, I could only come across legal doctrine and articles that focused heavily on tangible art and artifacts. So what happened to the music? After …
Patently Preempted, 14 J. Marshall Rev. Intell. Prop. L. 268 (2015), Nick Vogel
Patently Preempted, 14 J. Marshall Rev. Intell. Prop. L. 268 (2015), Nick Vogel
UIC Review of Intellectual Property Law
Small and medium size businesses often take advantage of the latest advancements in technology. Doing so, however, now seems to carry the risk of patent infringement. In 2012, so called patent trolls, also known as Non Practicing Entities, began sending letters to small and medium sized businesses demanding money in exchange for a license to use allegedly patented technology. Many saw the demands as an abuse of the patent system. In response, states have passed or are considering statutes that outlaw patent holders from delivering a bad faith notice of infringement. The State of Vermont was the first to address …
Did Copyright Kill The Radio Star? Why The Recorded Music Industry And Copyright Act Should Welcome Webcasters Into The Fold, 14 J. Marshall Rev. Intell. Prop. L. 292 (2015), Patrick Koncel
UIC Review of Intellectual Property Law
The Copyright Act has not kept pace with the times, and the next revolution is going full stream ahead. Rather than adapt, entrenched interests at the Copyright table push for more protection, while new technologies are demonized and underrepresented. The resulting Copyright Act’s provisions relating to internet-based radio, ranging from passive over-the-air broadcasts to fully interactive music hosting sites, are a patchwork of accommodations and concessions to these interests. For all non-interactive services, licensing music typically occurs within the Copyright Act’s compulsory licensing system. For interactive webcasters, licensing negotiations take place with the copyright holders directly. These negotiations have proven …
How Law Defines Art, 14 J. Marshall Rev. Intell. Prop. L. 314 (2015), Derek Fincham
How Law Defines Art, 14 J. Marshall Rev. Intell. Prop. L. 314 (2015), Derek Fincham
UIC Review of Intellectual Property Law
Defining art is both hard and subjective. But in lots of contexts the law must arrive at a just solution to hard and subjective questions. The art community has largely neglected the task of defining artworks. This neglect has crept into legal disputes, particularly those involving conceptual art which has loosened the limits of aesthetics, form, function, and composition. This makes crafting a definition of art even more challenging. Yet the Law has an important part to play in resolving art disputes—courts end up defining art no matter how cautiously they approach the question. They do not set out to …
A Rose By Any Other Name: How An Illusionist Used Copyright Law As A Patent, 14 J. Marshall Rev. Intell. Prop. L. 357 (2015), Sydney Beckman
A Rose By Any Other Name: How An Illusionist Used Copyright Law As A Patent, 14 J. Marshall Rev. Intell. Prop. L. 357 (2015), Sydney Beckman
UIC Review of Intellectual Property Law
Teller is a famous illusionist who, in recent years, has been performing a stage act with Penn Jillete in Las Vegas, Nevada. Teller’s signature trick, known as “Shadows,” was copied by a magician in Belgium who offered to sell the method. The Belgian’s trick, titled “The Rose and Her Shadow,” was virtually identical to Teller’s illusion. That which we call a rose by any other name . . . Teller wanted the Belgian magician to stop offering the trick for sale. After an unsuccessful attempt to negotiate, Teller took his dispute to federal court. His goal? To protect that which …
The Next Great Copyright Act And The Future Of Radio, 14 J. Marshall Rev. Intell. Prop. L. 378 (2015), Christopher Doval, Don Anque, Maesea Mccalpin
The Next Great Copyright Act And The Future Of Radio, 14 J. Marshall Rev. Intell. Prop. L. 378 (2015), Christopher Doval, Don Anque, Maesea Mccalpin
UIC Review of Intellectual Property Law
With the advancement of digital broadcasting technologies, the lack of a revision to copyright law has created a creative and distribution bottleneck for artists by companies. The current range for compulsory licensing agreements does not protect the interests of artists through modern digital transmission tools, and leaves them fending for themselves if they wish to have access to new digital platforms. Moreover organizations, such as the Recording Industry Association of America, are in greater positions of power when applying existing copyright laws and definitions to new technologies that innovators never intended to be analogous to pre-existing technologies to begin with. …
On Art Attacks: At The Confluence Of Shock, Appropriation, And The Law, 14 J. Marshall Rev. Intell. Prop. L. 392 (2015), Rachel Buker
On Art Attacks: At The Confluence Of Shock, Appropriation, And The Law, 14 J. Marshall Rev. Intell. Prop. L. 392 (2015), Rachel Buker
UIC Review of Intellectual Property Law
Does the law adequately recognize the expansive nature of art, especially in scenarios involving controversial acts of appropriation art? Of particular curiosity is just how the law should treat acts of artistic appropriation involving the creation of artwork on top of other original works of art, or art attacks. This is an issue that has been largely unaddressed by the courts outside the realm of criminal proceedings. However, the legal implications of such acts reach far beyond crimes and property torts, involving copyright, moral rights, freedom of expression, and the preservation of cultural heritage. Indeed, the issues are not just …