Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Science and Technology Law (721)
- Computer Law (196)
- Internet Law (196)
- Privacy Law (148)
- Entertainment, Arts, and Sports Law (90)
-
- Comparative and Foreign Law (67)
- Marketing Law (50)
- International Trade Law (43)
- Antitrust and Trade Regulation (40)
- International Law (40)
- Courts (31)
- Cultural Heritage Law (31)
- Legislation (30)
- Transnational Law (29)
- Litigation (26)
- Food and Drug Law (25)
- Jurisprudence (22)
- Consumer Protection Law (18)
- First Amendment (17)
- Legal History (17)
- Judges (16)
- Supreme Court of the United States (16)
- Business Organizations Law (14)
- Indigenous, Indian, and Aboriginal Law (13)
- Labor and Employment Law (13)
- Health Law and Policy (12)
- Law and Society (12)
- Contracts (11)
- Publication Year
- Publication
- Publication Type
Articles 391 - 420 of 829
Full-Text Articles in Intellectual Property Law
"Several Healthy Steps Away": New & Improved Products In Section 337 Investigations, 8 J. Marshall Rev. Intell. Prop. L. 309 (2009), Steven E. Adkins, John Evans
"Several Healthy Steps Away": New & Improved Products In Section 337 Investigations, 8 J. Marshall Rev. Intell. Prop. L. 309 (2009), Steven E. Adkins, John Evans
UIC Review of Intellectual Property Law
A business that imports “new and improved,” or redesigned, products into the United States should be aware of the procedures available to lessen the risk of violating standing orders of the United States International Trade Commission (“Commission”). In order to ensure that these products gain entry without violating an ITC order and accruing substantial penalties, it is imperative that the business know its options. Whether it requests a Customs ruling or uses a certification, or whether it petitions for an advisory opinion from the Commission, the business must be able to maneuver. This nuts-and-bolts guide provides examples and information on …
Patent Reform Should Not Leave Innovation Behind, 8 J. Marshall Rev. Intell. Prop. L. 328 (2009), Carl E. Gulbrandsen, Stephanie Adamany, Sandra Haberny, Jason Sheasby
Patent Reform Should Not Leave Innovation Behind, 8 J. Marshall Rev. Intell. Prop. L. 328 (2009), Carl E. Gulbrandsen, Stephanie Adamany, Sandra Haberny, Jason Sheasby
UIC Review of Intellectual Property Law
The most recent push for patent reform established competing groups supporting individual agendas. In view of current economic difficulties, however, the focus on innovation should be ever more important. By enacting the Bayh-Dole Act in 1980, the federal government invested in innovation and unlocked American industrial potential through Universities. The current reform has provisions that limit disclosure and facilitate patent challenging which increases costs to inventors and adds responsibilities to an already overloaded patent office. This article addresses a number of the proposed reforms and the effect on University innovation.
The New "Extra-Ordinary" Observer Test For Design Patent Infringement–On A Crash Course With The Supreme Court's Precedent In Gorham V. White, 8 J. Marshall Rev. Intell. Prop. L. 354 (2009), Christopher V. Carani
The New "Extra-Ordinary" Observer Test For Design Patent Infringement–On A Crash Course With The Supreme Court's Precedent In Gorham V. White, 8 J. Marshall Rev. Intell. Prop. L. 354 (2009), Christopher V. Carani
UIC Review of Intellectual Property Law
Over one hundred and thirty-five years ago the U.S. Supreme Court, in Gorham v. White, laid down the test for design patent infringement called the “ordinary observer” test—one that is administered through the eyes of men generally. It has remained the test ever since. Recently, in Arminak & Assoc., Inc. v. Saint-Gobain Calmar, Inc and Egyptian Goddess, Inc. v. Swisa, Inc., the Federal Circuit has improperly replaced this “ordinary observer” test with an “extra-ordinary observer” test—one that uses persons who are versed in the trade. In order to bring design patent jurisprudence in line with the U.S. Supreme Court’s jurisprudence …
Do As We Say, Not As We Do: A Study Of The Well-Known Marks Doctrine In The United States, 8 J. Marshall Rev. Intell. Prop. L. 412 (2009), Andrew M. Cook
Do As We Say, Not As We Do: A Study Of The Well-Known Marks Doctrine In The United States, 8 J. Marshall Rev. Intell. Prop. L. 412 (2009), Andrew M. Cook
UIC Review of Intellectual Property Law
Treaties such as the Paris Convention and the TRIPS Agreement protect well-known marks around the world, but there is currently uncertainty as to whether these marks can be protected in the United States. While a signatory to those treaties, recent decisions in the Second and Ninth Circuits leave the circuits split on whether foreign well-known marks are protectable within the United States. Without a circuit harmonization, the United States remains in a hypocritical position, demanding treaty compliance from other nations while failing to meet its treaty obligations. The uncertainty is efficiently and effectively resolved with a statutory amendment to section …
Obviousness Before And After Judge Markey, 8 J. Marshall Rev. Intell. Prop. L. (Special Issue) 9 (2009), Mark J. Abate
Obviousness Before And After Judge Markey, 8 J. Marshall Rev. Intell. Prop. L. (Special Issue) 9 (2009), Mark J. Abate
UIC Review of Intellectual Property Law
Chief Judge Howard T. Markey left an everlasting mark on the meaning of obviousness under 35 U.S.C. § 103. Chief Judge Markey viewed all inventions as combinations of old elements because, in his own words, “Only God works from nothing. Man must work with old elements.” Chief Judge Markey’s obviousness jurisprudence can be characterized by three fundamental principles. First, he looked at an invention as a whole. Second, he looked for real world evidence of nonobviousness because it was a reliable indicator of obviousness. Third, he avoided the dangers of hindsight bias by looking for a reason to combine a …
Inequitable Conduct, Gross Negligence And The Kingsdown Decision, 8 J. Marshall Rev. Intell. Prop. L. (Special Issue) 18 (2009), Jim Carmichael, Cameron Weiffenbach
Inequitable Conduct, Gross Negligence And The Kingsdown Decision, 8 J. Marshall Rev. Intell. Prop. L. (Special Issue) 18 (2009), Jim Carmichael, Cameron Weiffenbach
UIC Review of Intellectual Property Law
Rule 56 was promulgated in 1948 to address inequitable conduct and fraud before the United States Patent Office in response to major Supreme Court decisions in the 1930’s and 1940’s. Further development of rule continued through decisions and amendments into the 1980’s. Judge Markey authored several decisions at the Federal Circuit addressing the standard of intent required to find inequitable conduct in the 1980’s. The impact of these decisions culminated in his Kingsdown Medical Consultants, Ltd v. Hollister, Inc. opinion resulting in a 1992 amendment to Rule 56. This article analyzes the development of Rule 56 and Judge Markey’s influence …
The Role Of Juries In Managing Patent Enforcement: Judge Howard Markey's Opinions And Writings, 8 J. Marshall Rev. Intell. Prop. L. (Special Issue) 41 (2009), John R. Alison
UIC Review of Intellectual Property Law
In the 1970s, a trial by jury was rare in patent cases. By the time Chief Judge Markey left the United States Court of Appeals for the Federal Circuit in 1989, jury trials had become the norm. Throughout Judge Markey’s time on the bench he exerted great energy to promote, define, and improve the role of law juries in patent cases. This speech by Judge Markey’s former law clerk, John R. Alison, discusses the three Markey Principles. The first principle of Judge Markey is the fundamental right to a jury trial in patent cases. Second, proceedings in jury trials for …
The Legacy Of Judge Howard T. Markey, 8 J. Marshall Rev. Intell. Prop. L. (Special Issue) 1 (2009), Antonin Scalia
The Legacy Of Judge Howard T. Markey, 8 J. Marshall Rev. Intell. Prop. L. (Special Issue) 1 (2009), Antonin Scalia
UIC Review of Intellectual Property Law
On September 16, 2008, Associate Justice of the Supreme Court of the United States Antonin Scalia delivered a speech on the legacy of the late Howard T. Markey. The speech was given at The John Marshall Law School’s The Legacy of Judge Howard T. Markey Symposium, held at the law school in Chicago, Illinois. The text of the speech appears here.
Money For Nothing And Music For Free? Why The Riaa Should Continue To Sue Illegal File-Sharers, 9 J. Marshall Rev. Intell. Prop. L. 1 (2009), William Henslee
Money For Nothing And Music For Free? Why The Riaa Should Continue To Sue Illegal File-Sharers, 9 J. Marshall Rev. Intell. Prop. L. 1 (2009), William Henslee
UIC Review of Intellectual Property Law
The Recording Industry Association of America (―RIAA) has sued over 35,000 people for illegal file-sharing music, or uploading and downloading music. The RIAA has sued anyone under its ―making available‖ theory, or anyone who offers to distribute copyrighted music without the owner‘s consent. However, the United States Circuit Courts of Appeals are split on whether copyright infringement occurs when a file is ―made available‖ or when there is actual dissemination of a file. Due to this split, the RIAA has negotiated deals with internet service providers to penalize individuals who illegally share files. This article analyzes a recent decision, Capitol …
Open Borders, Intellectual Property & Federal Criminal Trade Secret Law, 9 J. Marshall Rev. Intell. Prop. L. 24 (2009), Shubha Ghosh
Open Borders, Intellectual Property & Federal Criminal Trade Secret Law, 9 J. Marshall Rev. Intell. Prop. L. 24 (2009), Shubha Ghosh
UIC Review of Intellectual Property Law
Many scholars have demonstrated that labor mobility between firms has lead to the economic success of Silicon Valley. California‘s policy against enforcing covenants not to compete has been shown to provide the legal infrastructure for high labor mobility. Does the argument extend to mobility of skilled labor across national borders? This Article addresses that question in the context of the Economic Espionage Act of 1996, the first federal criminal trade secret law in the United States. By analyzing the scholarly literature and the case law under the Act, the author presents a theoretical framework for assessing the Act based on …
Magazine Publishers Exhale: Exploiting Collective Works After Greenberg, 9 J. Marshall Rev. Intell. Prop. L. 161 (2009), Jason Koransky
Magazine Publishers Exhale: Exploiting Collective Works After Greenberg, 9 J. Marshall Rev. Intell. Prop. L. 161 (2009), Jason Koransky
UIC Review of Intellectual Property Law
The National Geographic Society simply intended to offer an innovative digital product to consumers—its complete archives in digital format—when it released The Complete National Geographic CD-ROM. The CD-ROM, however, had a much different impact as well. The litigation that followed its release, in particular Greenberg v. National Geographic Society, offered publishers‘ some clarity in regard to the scope of section 201(c) rights to reproduce collective works in digital formats. Greenberg, however, did not address the full range of copyright issues that publishers and freelance contributors alike encounter in reproducing collective works in new digital formats brought about by advances in …
Sui Generis Genius: How The Design Protection Statute Could Be Amended To Include Entertainment Pitch Ideas, 9 J. Marshall Rev. Intell. Prop. L. 184 (2009), Lindsey Weisselberg
Sui Generis Genius: How The Design Protection Statute Could Be Amended To Include Entertainment Pitch Ideas, 9 J. Marshall Rev. Intell. Prop. L. 184 (2009), Lindsey Weisselberg
UIC Review of Intellectual Property Law
Hollywood writers and idea men have struggled to gain protection for their entertainment treatments because their works are caught in the realm between unprotected ideas and fully protected expression. In addition to their failure to secure federal copyright protection for their treatments, idea men have also failed to obtain state law protection for their entertainment ideas, leaving them with virtually no legal recourse for idea theft. This comment proposes that Congress should create sui generis protection for ideas in the entertainment industry similar to the protections afforded under the Vessel Hull Design Protection Act.
Dubai's New Intellectual Property-Based Economy: Prospects For Development Without Dependency, 9 J. Marshall Rev. Intell. Prop. L. 84 (2009), Amir H. Khoury
Dubai's New Intellectual Property-Based Economy: Prospects For Development Without Dependency, 9 J. Marshall Rev. Intell. Prop. L. 84 (2009), Amir H. Khoury
UIC Review of Intellectual Property Law
The Emirate of Dubai has, as a result of deliberate policy actions, been able to reinvigorate, indeed to reinvent, its Intellectual Property Potential. That is to say Dubai has boosted its ability to be the originator (and creator) of intellectual property subject-matter, rather than merely a consumer thereof. Dubai has achieved the two conditions through which an intellectual property régime becomes a valuable national asset for a country with an initially low Intellectual Property Potential; namely a structured regulatory framework coupled with effective infrastructure- related action. Dubai's undertakings in the intellectual property sphere go to show that even a country …
Embedded Advertising: Your Rights In The Tivo Era, 9 J. Marshall Rev. Intell. Prop. L. 146 (2009), Ann K. Hagerty
Embedded Advertising: Your Rights In The Tivo Era, 9 J. Marshall Rev. Intell. Prop. L. 146 (2009), Ann K. Hagerty
UIC Review of Intellectual Property Law
As DVR usage rapidly increases, embedded advertising is evolving and blurring the line for the viewing public between advertising and content. The FCC responded by seeking public commentary and guidance on the regulations governing embedded advertising. The comments the FCC received revealed a heated debate between media industry advocates and those who seek to protect consumer interests. The recent increase in the practice of embedded advertising has only intensified this debate. A balance must be struck between the interests of the media industry and the viewing public. To do so, the FCC must adopt a regulatory scheme that commands viewers’ …
Is Bilski Likely The Final Word On Tax Strategy Patents? Coherence Matters, 9 J. Marshall Rev. Intell. Prop. L. 110 (2009), Linda M. Beale
Is Bilski Likely The Final Word On Tax Strategy Patents? Coherence Matters, 9 J. Marshall Rev. Intell. Prop. L. 110 (2009), Linda M. Beale
UIC Review of Intellectual Property Law
The Supreme Court‘s grant of certiorari in In re Bilski presents an opportunity to lay to rest the patent eligibility of tax strategies. A comparison of the core values of the patent and tax systems reveals fundamental conflicts that have gained the attention of tax practitioners, bar associations and Congress. These conflicts are identified by tracing both the development of patentable subject matter and the policy goals of the tax system. This article addresses the future of tax strategy patents in light of In re Bilski and analyzes the potential for the Court to deliver guidance that makes clear the …
Northern District Of Illinois Adopts Local Patent Rules, 9 J. Marshall Rev. Intell. Prop. L. 202 (2009), Edward D. Manzo, Matthew F. Kennelly
Northern District Of Illinois Adopts Local Patent Rules, 9 J. Marshall Rev. Intell. Prop. L. 202 (2009), Edward D. Manzo, Matthew F. Kennelly
UIC Review of Intellectual Property Law
The Northern District of Illinois took a proactive step in addressing procedural issues that commonly arise in patent litigation by enacting the Court’s Local Patent Rules. These Rules provide a uniform structure to pretrial procedures in patent cases involving claims of infringement, non-infringement, invalidity, or unenforceability of utility patents. The Rules will enable greater predictability and planning for the Court, counsel, and clients by requiring parties to indentify and focus upon outcome determinative or otherwise significant disputes. This article offers insight on the Rules from two members of the committee of district court judges and experienced lawyers that initially drafted …
Preferred Embodiments In Patents, 9 J. Marshall Rev. Intell. Prop. L. 398 (2009), Tom Brody
Preferred Embodiments In Patents, 9 J. Marshall Rev. Intell. Prop. L. 398 (2009), Tom Brody
UIC Review of Intellectual Property Law
It is a tradition in patent drafting to refer to one or more examples as “preferred” or as a “preferred embodiment.” While these “preferred embodiments” reside in the specification, they can influence the interpretation of the claims. The role of preferred embodiments in claim construction was the issue in two cases, Laitram Corp. v. Cambridge Wire Cloth Co. and Vitronics Corp. v. Conceptronic, Inc. These cases represent two different lineages of the case law that refer to preferred embodiments, where application of these cases broadens (or prevents narrowing of) claim scope. Laitram warns against confining the claim to a specific …
Social Networking And Blogging: The New Legal Frontier, 9 J. Marshall Rev. Intell. Prop. L. 500 (2009), Robert Newman, Liisa Thomas
Social Networking And Blogging: The New Legal Frontier, 9 J. Marshall Rev. Intell. Prop. L. 500 (2009), Robert Newman, Liisa Thomas
UIC Review of Intellectual Property Law
Improvements in communication technology have effectively made the world a smaller place. As businesses attempt to exploit these new technological improvements to better communicate their messages to their clients, these same improvements continue to raise new and difficult legal issues related to fair trade practices, privacy, and freedom of speech. This article identifies current legal developments related to advertising in the online world and analyzes the actions taken to resolve these new and difficult legal issues within the framework of United States federal and state law and private industry-specific self-governance.
The Long And Winding Road To The Google Books Settlement, 9 J. Marshall Rev. Intell. Prop. L. 227 (2009), Jonathan Band
The Long And Winding Road To The Google Books Settlement, 9 J. Marshall Rev. Intell. Prop. L. 227 (2009), Jonathan Band
UIC Review of Intellectual Property Law
In its Library Project, Google is scanning millions of books from the world’s leading research libraries to include in a searchable database. This scanning has occurred without the copyright owners’ authorization, leading to the class action copyright infringement lawsuit, Authors Guild v. Google, Inc. The central legal issue in the litigation is whether copyright law’s fair use doctrine provides Google with a defense against the authors’ claims. Ultimately, the parties reached a settlement. The proposed Settlement Agreement is an extremely complex document which, if approved by the court, will govern the future of the Google Library Project. It creates a …
The Author’S Rights In Literary And Artistic Works, 9 J. Marshall Rev. Intell. Prop. L. 453 (2009), Alina Ng
The Author’S Rights In Literary And Artistic Works, 9 J. Marshall Rev. Intell. Prop. L. 453 (2009), Alina Ng
UIC Review of Intellectual Property Law
Authorship and creativity are products of authentic human expression that the law must encourage in order for works to be produced. The commercial market for literary and artistic works encourages the creation of diverse works to meet popular consumer demand. Focus on popular demand may, however, result in works that lack social, educational and cultural value or utility. Natural law philosophy suggests that the copyright system should be an ethical and moral institution that would, in turn, promote the progress of society through authentic authorship. While economic incentives offer authors market rewards that may facilitate the creation and dissemination, economic …
Declaratory Judgment Jurisdiction In Patent Disputes: A Rock And A Hard Place, 9 J. Marshall Rev. Intell. Prop. L. 583 (2009), Jonathan S. Pope
Declaratory Judgment Jurisdiction In Patent Disputes: A Rock And A Hard Place, 9 J. Marshall Rev. Intell. Prop. L. 583 (2009), Jonathan S. Pope
UIC Review of Intellectual Property Law
In 2007, the United States Supreme Court invalidated the Federal Circuit’s test for declaratory judgment jurisdiction explaining that the law requires an “all circumstances” approach and that the “reasonable apprehension of suit” test is not sufficient. The Federal Circuit’s subsequent applications of the “all circumstances” test show that a potential infringer is likely to sustain jurisdiction where the potential infringer and the patentee have merely communicated their adverse positions to one another. On the other hand, the Federal Circuit is not likely to find jurisdiction where the patent-holder has not communicated, or has vaguely communicated, its position to the potential …
Couture Copyright: Copyright Protection Fitting For Fashion Design, 9 J. Marshall Rev. Intell. Prop. L. 602 (2009), Aleksandra Spevacek
Couture Copyright: Copyright Protection Fitting For Fashion Design, 9 J. Marshall Rev. Intell. Prop. L. 602 (2009), Aleksandra Spevacek
UIC Review of Intellectual Property Law
The fashion industry does not need special, protective legislation. Laws are already in place that can serve to aid in the protection of fashion design. Legislation has extended copyright protection to architectural plans and their associated structures. This extension was based on rationale that is applicable, without revision, to fashion design. The practice of denying protection to fashion design is unsupported by law. In fact, courts already have the means to grant protection to fashion design. First, the court can grant protection through analogy to architectural works. Second, the court can clarify the separability test for utilitarian designs—a test which …
Defusing The “Atomic Bomb” Of Patent Litigation: Avoiding And Defending Against Allegations Of Inequitable Conduct After Mckesson Et Al., 9 J. Marshall Rev. Intell. Prop. L. 330 (2009), Sean M. O’Connor
UIC Review of Intellectual Property Law
The doctrine of inequitable conduct in patent law has a long and vexing history. While it is sometimes mistakenly conflated with the United States Patent and Trademark Office’s Rule 56, the doctrine is actually a purely equitable one established by the Supreme Court in 1945—and not revisited by it since then. This Article re-establishes the roots and proper context of the doctrine, while tracing its confused interactions with Rule 56 over the ensuing decades. The Article reaffirms the necessary balancing act between over and under disclosure of references during patent prosecution, and the inverse sliding scale relationship of materiality and …
“Pay-For-Delay” Settlements In Pharmaceutical Litigation: Drawing A Fine Line Between Patent Zone And Antitrust Zone, 9 J. Marshall Rev. Intell. Prop. L. 528 (2009), Yuki Onoe
UIC Review of Intellectual Property Law
Congress has identified the recent trend of pharmaceutical companies to settle patent litigation under “pay-for-delay” settlements or reverse payment settlements. Under these agreements, a generic maker receives a payment from a brand-name company in exchange for withdrawing the patent challenge and refraining from entering the market until an agreed date. Most courts have rejected antitrust challenges to this practice in view of exclusive rights of patent holders and general benefits from settlements. As part of the health care reform, Congress now proposes to treat “pay-for-delay” settlements as per se illegal and entirely ban the practice. The proposal, however, limits the …
Trademark Use As Keywords: A Comparative Look At Trademark Use As Keywords In Paid Search And Digital Public Performance Rights For Sound Recordings, 9 J. Marshall Rev. Intell. Prop. L. 553 (2009), Katie Pimentel
UIC Review of Intellectual Property Law
A vigorous debate has emerged regarding the expansion of trademark owners’ rights to have exclusive control over their marks in the paid search environment. A common practice in paid search is for advertisers to purchase other companies’ trademarks as keywords for search engine results. Comparing the similarities between the current struggles concerning trademark use as paid search keywords to the evolution of the right to a digital public performance for sound recording owners, this comment proposes a model that allows purchasers of other entities’ trademarks to use those marks in a Congressionally regulated fashion in a similar way section 114 …
Rediscovering The Doctrine Of Marking Estoppel After Medimmune: Balancing The Public Interest And Private Rights, 7 J. Marshall Rev. Intell. Prop. L. 573 (2008), Michael D. Karson
Rediscovering The Doctrine Of Marking Estoppel After Medimmune: Balancing The Public Interest And Private Rights, 7 J. Marshall Rev. Intell. Prop. L. 573 (2008), Michael D. Karson
UIC Review of Intellectual Property Law
Marking is the act of placing a patent number on a product or its packaging. The doctrine of marking estoppel deals with whether the act of marking will preclude denials of patent infringement or patent validity challenges. This comment reviews the history of marking estoppel and determines that although the Federal Circuit has expressed reservations about the doctrine, marking estoppel remains viable. This comment argues that marking estoppel should preclude a marking party from denying patent infringement when the marking party has acted with scienter and the asserting party has come to court with clean hands. However, because of the …
Potential Pitfalls In High-Tech Copyright Litigation, 25 J. Marshall J. Computer & Info. L. 513 (2008), Peter J. Shurn Iii
Potential Pitfalls In High-Tech Copyright Litigation, 25 J. Marshall J. Computer & Info. L. 513 (2008), Peter J. Shurn Iii
UIC John Marshall Journal of Information Technology & Privacy Law
Alleging software and data-base infringement is probably the most common offensive strategy currently seen in high-tech copyright litigation. In the context of a hypothetical factual setting, this article explores three potential pitfalls attendant to such a strategy, and suggests ways to minimize those risks.
Dead Ends And Dirty Secrets: Legal Treatment Of Negative Information, 25 J. Marshall J. Computer & Info. L. 619 (2008), John T. Cross
Dead Ends And Dirty Secrets: Legal Treatment Of Negative Information, 25 J. Marshall J. Computer & Info. L. 619 (2008), John T. Cross
UIC John Marshall Journal of Information Technology & Privacy Law
This article discusses the process of innovation and releasing so-called negative information to help others in the process to innovate. The article focuses on patent law and asks the questions: Why do people innovate? Does the legal system really reflect how the process of innovation actually occurs?
Convergence And Incongruence: Trademark Law And Icann's Introduction Of New Generic Top-Level Domains, 25 J. Marshall J. Computer & Info. L. 625 (2008), Christine Haight Farley
Convergence And Incongruence: Trademark Law And Icann's Introduction Of New Generic Top-Level Domains, 25 J. Marshall J. Computer & Info. L. 625 (2008), Christine Haight Farley
UIC John Marshall Journal of Information Technology & Privacy Law
The author demonstrates how problematic the convergences between Internet technology, the demands of a burgeoning e-market, and trademark laws have created a myriad of issues in international governance of domain names. While the Internet Corporation for Assigned Names and Numbers (“ICANN”) has been tasked with resolving some of the most problematic information ownership issues in e-commerce, she demonstrates that current changes in domain name registries ignore the real world problems posed by these convergences.
The Supreme Court's Trademark Jurisprudence: Categorical Divergence In The Interest Of Information Convergence, 25 J. Marshall J. Computer & Info. L. 635 (2008), Sheldon Halpern
UIC John Marshall Journal of Information Technology & Privacy Law
The author shows that convergence has placed trademark law in the center of some of the hard-fought battles over information ownership in intellectual property. From fights over moral rights, to collisions with patents, trademarks in the new technological age have raised questions that he suggests might be better analyzed if the associative nature of trademarks were recognized and applied.