Intellectual Property Law Commons^™

Don’T Give Up Section 101, Don’T Ever Give Up, Brady P. Gleason

Catholic University Law Review

In an era of tremendous and rapid technological advancement, coupled with the massive influence patents have on the global economy, determining the specific categories of inventions eligible for patent protection is of great importance. The statute governing patent eligible subject matter, 35 U.S.C. § 101, has unfortunately fallen steadily into a morass, wherein a great number of judicial philosophies as to the proper role and scope of § 101 occupy the statutes jurisprudence. This frustrates the utilitarian purpose of the patent system as research companies are uncertain whether certain categories of inventions will maintain their eligibly for patent protection. Because …

Speaking From The Grave. Should Copyright Listen?, Jessica Silbey

Faculty Scholarship

Should authors be able to control the use of their work after they die? It’s a question that touches deep personal and public concerns. It resonates with longstanding debates in literary studies over the “death of the author” and “authorial intent,” and is an issue that Professor Eva Subotnik tackles in her latest article, Artistic Control After Death (forthcoming in the Washington Law Review).

Currently, U.S. copyright expires 70 years after the author’s death so that control of an author’s copyrights extends far into the future. Long after an author creates a work, often decades after publication and the work’s …

Throwing The Flag On Copyright Warnings: How Professional Sports Organizations Systematically Overstate Copyright Protection, Tyler Mccormick Love

Journal of Intellectual Property Law

No abstract provided.

Bad Medicine: Economic Disadvantage And Claim Limitation In An Ailing Patent Office, Elisabeth Marie Koehnemann

Journal of Intellectual Property Law

No abstract provided.

You Can Stand Under My Umbrella: Weighing Trade Secret Protection Against The Need For Greater Transparency In Perfume And Fragranced Product Labeling, Delia Gervin

Journal of Intellectual Property Law

No abstract provided.

State Regulation Of Keyword Advertising: A Lesson From The Utah Legislature, Mary Candice Barrett

Journal of Intellectual Property Law

No abstract provided.

Keeping It Physical: Convergence On A Physicality Requirement For Patentability Of Software-Related Inventions Under The European Patent Convention And United States Law, Kevin Afghani, Duke W. Yee

Journal of Intellectual Property Law

No abstract provided.

Can China Protect The Olympics, Or Should The Olympics Be Protected From China?, Jennifer L. Donatuti

Journal of Intellectual Property Law

No abstract provided.

What's The Deference?: Should Dickinson V. Zurko Apply In The Trademark Context?, Jonathan S. Digby

Journal of Intellectual Property Law

No abstract provided.

Squeezing "The Juice": Can The Right Of Publicity Be Used To Satisfy A Civil Judgment?, Hastings H. Beard

Journal of Intellectual Property Law

No abstract provided.

Thin But Not Anorexic: Copyright Protection For Compilations And Other Fact Works, David E. Shipley

Journal of Intellectual Property Law

Questions about the copyrightability of compilations and other low authorship fact works, and about the scope of protection, have continued to trouble courts long after the Supreme Court's landmark decision in Feist Publications, Inc. v. Rural Telephone Services Co. in 1991. Justice O'Connor's opinion, explaining why a standard white pages telephone directory did not meet the constitutional and statutory requirements for copyright protection, defined an original work of authorship as one that is independently created by its author and that evidences at least a minimal level of creativity. The latter requirement has been elusive, in part because Justice O'Connor defined …

Trade Secrets As Property: Theory And Consequences, Charles Tait Graves

Journal of Intellectual Property Law

No abstract provided.

A Panoptic Approach To Information Policy: Utilizing A More Balanced Theory Of Property In Order To Ensure The Existence Of A Prodigious Public Domain, Christine D. Galbraith

Journal of Intellectual Property Law

No abstract provided.

Infringicus Maximus! An Exploration Of Motion Picture Title Protection In An International Film Industry Through The Legal Battles Of Harry Potter, Emily Kathryn Tyler

Journal of Intellectual Property Law

No abstract provided.

Phillips Has Left Vara Little Protection For Site-Specific Artists, Lauren Ruth Spotts

Journal of Intellectual Property Law

No abstract provided.

"Hang 'Em High": Will The Recording Industry Association Of America's New Plan To Posse Up With Internet Service Providers In The Fight Against Online Music Piracy Finally Tame The Wild Internet?, John Eric Seay

Journal of Intellectual Property Law

No abstract provided.

A Priate's Treasure?: Heightened Pleadings Standard For Copyright Infringement Complaints After Bell Atlantic Corp. V. Twombly, Benjamin W. Cheesbro

Journal of Intellectual Property Law

No abstract provided.

On Abstraction And Equivalence In Software Patent Doctrine: A Response To Bessen, Meurer And Klemens, Andrew Chin

Journal of Intellectual Property Law

No abstract provided.

Geoblocking, Circumvention Of Geoblocking, And Intellectual Property, Marketa Trimble

Boyd Briefs / Road Scholars

Prof. Marketa Trimble presented Geoblocking, Circumvention of Geoblocking, and Intellectual Property at the Indiana University Maurer School of Law on Sept. 8, 2016.

Intellectual Property Basics, Christal Sheppard

Intellectual Property (IP) Day

No abstract provided.

Geographical Indications And Development In The Third World: Towards A Strategic Approach Of Intellectual Property Rights In Jamaica - The Case Of Blue Mountain Coffee, Marsha Simone Cadogan

PhD Dissertations

The dissertation is a critical analysis of, and engagement with agricultural and food based geographical indications, the politics of development and international relations, and the prospects of forming reformist linkages between geographical indications and development in Jamaica and the Caribbeans intellectual property landscape. A net importer of intellectual property, Jamaica has yet to fully claim intellectual property as its own.

The dissertation proposes that geographical indication schemes should be envisaged, and practically function as part of Jamaicas development policy. This approach calls for a reformist approach to intellectual property in Jamaica, which includes an awareness of the pitfalls of being …

Our Time Is Better Spent Influencing Future Disruption: A Call To End The Indiscriminate War Against Self-Help Legal Technology, Olivia Holder

The University of Cincinnati Intellectual Property and Computer Law Journal

Under the guise of consumer protection, lawyers and bar associations have used disparate litigious mechanisms to thwart, inadvertently or not, the use of self-help legal technology. This paper will demonstrate that such adversity is not logical after a consideration of the technical functions that the software performs and unduly restricts underserved populations’ access to the law because of the misapplication of policy to vaguely worded laws. This paper will provide a thorough analysis of legal action taken against the high-profile company LegalZoom under the theory of unauthorized practice of law provides direct support of this claim. Summary and critique of …

Contextual Healing: What To Do About Scandalous Trademarks And Lanham Act 2(A), Megan M. Carpenter

Law Faculty Scholarship

Offensive trademarks have come to the forefront of trademark policy and practice in recent years. While it was once true that more attention had been paid to Lanham Act section 2(a) in the pages of law reviews than in the courts, recent prominent cases have focused attention on the ban on registration of offensive marks and the widespread impact of this ban on trademark owners.

In this Article, I answer the fundamental question: Given the problems that my previous research has identified, what should be done about the 2(a) bar on registration of scandalous trademarks? This Article argues, as a …

What Is Digital Rights Management?, Alex Berrio Matamoros, Fred Dingledy

Publications and Research

No abstract provided.

Statutory Heirs Apparent?: Reclaiming Copyright In The Age Of Author-Controlled, Author-Benefiting Transfers, Tonya M. Evans

West Virginia Law Review

No abstract provided.

Enhancing Ongoing Royalties: The Inequitable Equitable Remedy, Layne S. Keele

West Virginia Law Review

No abstract provided.

Marketa Trimble Becomes The Inaugural Samuel S. Lionel Professor Of Intellectual Property Law, Marketa Trimble

Nevada Law Journal

No abstract provided.

Comparative Patent Quality, Colleen Chien

Faculty Publications

One of the most urgent problems with the US patent system is that there are too many patents of poor quality. Most blame the US Patent and Trademark Office (USPTO) – its mistakes, overly generous grant rate, and lack of consistency. But, the quality and quantity of patents in force is the product of three sets of decisions: to submit an application of certain quality (by the applicant), to grant the patent (by the patent office), and to renew a patent and keep it in force (by the applicant/patentee). Startling, there is no consensus way to measure patent quality. This …

Recalibrarting Patent Venue, Colleen V. Chien, Michael Risch

Faculty Publications

For most of patent law’s 200-year plus history, the rule has been that patentholders are permitted to sue defendants only in the district they inhabit. In 1990, the Federal Circuit changed this by enlarging the scope of permissible venue to all districts with personal jurisdiction over the defendant. Since then, patentees have flocked to fewer districts, and in 2015, brought more than 40% of their cases in a single rural district with 1% of the US population, the Eastern District of Texas. Fueled in particular by concerns that non-practicing entities (NPEs), who bring the majority of cases in the Eastern …

Section 3: Business, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.