Intellectual Property Law Commons^™

The Danger Of Bootstrap Formalism In Copyright, Alfred C. Yen

Georgia Journal of Law & Technology

No abstract provided.

Folsom V. Marsh And Its Legacy, L. Ray Patterson

Georgia Journal of Law & Technology

No abstract provided.

Sunbeam Products, Inc V. The West Bend Co.: Exposing The Malign Application Of The Federal Dilution Statute To Product Configurations, Paul Heald

Georgia Journal of Law & Technology

No abstract provided.

The Music On Hold Case, Melissa De Zwart

Georgia Journal of Law & Technology

No abstract provided.

Commil Usa, Llc V. Cisco Systems: Joining Policy And Prose To Foster A Good Faith Analysis, Theresa E. Durante

Maryland Law Review Online

No abstract provided.

Scenes From The Copyright Office, Brian L. Frye

Touro Law Review

No abstract provided.

The Trademark As A Novel Innovation Index, Brian J. Focarino

The Journal of Business, Entrepreneurship & the Law

When studying the relationship that exists between entrepreneurship and intellectual property, patents receive the most scholarly attention. The attention makes sense when we consider that patents are closely associated with technical progress, grant temporary monopolies that incentivize investment in research & development (R&D), and function as vectors of technological dissemination in and of themselves. In a number of industries however, conventional forms of innovation often associated with patenting are minimal or missing altogether, and require us to look elsewhere to discern innovative behavior. This Essay highlights novel applications for trademark law to entrepreneurial activity in low-technology industries and low-financing locations …

Distance Education And Intellectual Property: The Realities Of Copyright Law And The Culture Of Higher Education, Michele J. Le Moal-Gray

Touro Law Review

No abstract provided.

Mass Digitization Of Cultural Heritage: Why Copyright Obstacles Must Be Overcome

Stanley H. Mervis Lecture

No abstract provided.

The Right To Be Forgotten, Lisa Owings

Akron Intellectual Property Journal

This Article advocates a new test for balancing free speech and privacy interests online. There should be a three-prong test for whether, and under what circumstances, a user may request deletion of online data under the right to be forgotten. First, if the information is the publication of a private fact that is offensive to a reasonable person and not newsworthy, it should never be published unless the individual chooses to do so. Second, if individuals posted the information about themselves or as an expression of their opinion, they should have the right to remove it. This should apply not …

Alice's Adventures In Oz: Revealing The Man Behind The Curtain, David Swetnam-Burland, Stacy O. Stitham

Akron Intellectual Property Journal

According to the Supreme Court's contrariwise thinking, in the world of Alice Corp. Pty. Ltd. v. CLS Bank Internation, Section 101 can and should be used early in litigation to distinguish a genuine, patentable invention from a sham-that is, to expose to scrutiny the idea behind the curtain.

Alice In Wonderland V. Cls Bank: The Supreme Court's Fantastic Adventure Into Section 101 Abstract Idea Jurisprudence, Annal D. Vyas

Akron Intellectual Property Journal

This Article proposes a solution to the current problems surrounding section 101 and patent-eligibility. Specifically, it advocates for an amendment to section 101 of the Patent Act that eliminates the abstract idea exception when conducting a patent eligibility analysis. This approach has several advantages, including the fact that judges no longer need to provide logically contortioned explanations as to why one idea is "abstract" and another is not. Nor will judges have to decide whether an abstract idea can still be patent eligible by virtue of being an "inventive concept of an abstract idea."

Part II of this Article reviews …

Fox V. Dish Network: Sony Betamax And The Ninth Circuit's Failure To Ad-Skip To The Future, Alexander E. Porter

Akron Intellectual Property Journal

Although fair use is a fact-specific doctrine, the court equated the facts of Fox v. Dish Network to Sony Corp. of America v. Universal City Studios, Inc. in order to avoid addressing both issues. This Note argues that if the Ninth Circuit had conducted a more in-depth fair use analysis, it would have found that Sony was less controlling than the court purported it to be, and that the use of Dish’s PTAT does not constitute fair use.

Part II of this Note discusses the doctrine of fair use, its application in Sony, and how the ruling of …

Lights! Camera! Infringement? Exploring The Boundaries Of Whether Fan Films Violate Copyrights, Jyme Mariani

Akron Intellectual Property Journal

This Thesis examines the situation that de los Rios and other fan filmmakers face because of the inherent conflict fan films have with the original author’s intellectual property rights. It outlines the culture and specifics of fan fiction and the different subgenres within it and their relationship with one another. This Thesis also traces the origins of fan films to gain a better understanding of why filmmakers create them and the potential legal battles that have developed over time. The potential legal issues discussed address the rights of the original author and how courts have interpreted copyright protection for individual …

Designing Food, Owning The Cornucopia: What The Patented Peanut Butter & Jelly Sandwich Might Teach About Gmos, Modified Foods, The Replicator, And Non-Scarcity Economics, Thomas C. Folsom

Akron Intellectual Property Journal

Imagine for purposes of discussion that the technology for designing and building an actual cornucopia—something that embodies code, genetically modified organisms, or other techniques for producing, modifying, creating, or duplicating food (call it neo-tech food design)— exists, works, and is safe. To frame the problems of neo-tech food design, I start with what ought to be an easy case of low-tech food design, the peanut butter and jelly sandwich. Since it is a prime example of an incremental improvement invention, and hence like very many other inventions that are routinely patented, it must be asked: was there a problem? And …

Andy Warhol's Pantry, Brian L. Frye

Akron Intellectual Property Journal

This Article examines Andy Warhol’s use of food and food products as a metaphor for commerce and consumption. It observes that Warhol’s use of images and marks was often inconsistent with copyright and trademark doctrine, and suggests that the fair use doctrine should incorporate a “Warhol test.”

Food Patents: The Unintended Consequences, Jay Dratler Jr.

Akron Intellectual Property Journal

This short paper explores the unintended consequences of this strong economic incentive. The underlying assumptions of patent law and its economic incentive are that innovation is good, and newer is better. But is that always so? Science and history suggest maybe not, for some very fundamental reasons. And there are reasons to believe that the risks of unintended consequences of innovation in food may be more hazardous than those in other fields of innovation.

Key Words And Tricky Phrases: An Analysis Of Patent Drafters' Attempts To Circumvent The Language Of 35 U.S.C. § 112, Stephen J. Stark

Georgia Journal of Law & Technology

No abstract provided.

Tee'd Off - Golf Course Designers Score Double Bogey In Search For Protection Of Their Hole Designs, Robert D. Howell

Georgia Journal of Law & Technology

No abstract provided.

Making Sense Of Georgia's State Law Protections For Trademarks And Trade Secrets, Elizabeth R. Calhoun

Georgia Journal of Law & Technology

No abstract provided.

Regents Guide To Understanding Copyright And Educational Fair Use (Preface By L. Ray Patterson), L. Ray Patterson

Georgia Journal of Law & Technology

No abstract provided.

A Response To Mr. Y'Barbo's Reply, L. Ray Patterson

Georgia Journal of Law & Technology

No abstract provided.

On Legal Protection For Electronic Texts: A Reply To Professor Patterson And Judge Birch, Douglas Y'Barbo

Georgia Journal of Law & Technology

No abstract provided.

Patent Compensation Under 35 U.S.C. § 284, Vincent P. Tassinari

Georgia Journal of Law & Technology

No abstract provided.

Redefining The Market Failure Approach To Fair Use In An Era Of Copyright Permission Systems, Lydia Pallas Loren

Georgia Journal of Law & Technology

No abstract provided.

Burning The Village To Roast The Pig: Congressional Attempt To Regulate "Indecency" On The Internet Rejected In Aclu V. Reno, James M. Mcgee

Georgia Journal of Law & Technology

No abstract provided.

Patents Are Forever: Construing The Federal Trademark Dilution Act To Apply To Product Configurations In Sunbeam Products, Inc. V. West Bend Co., Stephen K. Marsh

Georgia Journal of Law & Technology

No abstract provided.

Trademarks Ride Into The Wild West Of The Internet: A Landmark Ruling Of Cyber Infringement In The Comp Examiner Agency, Inc. V. Juris, Inc., Kimberley J. Hale

Georgia Journal of Law & Technology

No abstract provided.

Baxter V. Cobe: Public Use Or Secret Prior Art?, Edwin D. Garlepp

Georgia Journal of Law & Technology

No abstract provided.

Schendel V. Curtis: Dna Standards Misapplied To Fusion Protein Patents, Lisa C. Elsevier

Georgia Journal of Law & Technology

No abstract provided.