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Intellectual Property Law Commons

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2019

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Articles 61 - 90 of 653

Full-Text Articles in Intellectual Property Law

Disguised Patent Policymaking, Saurabh Vishnubhakat Oct 2019

Disguised Patent Policymaking, Saurabh Vishnubhakat

Faculty Scholarship

Patent Office power has grown immensely in this decade, and the agency is wielding its power in predictably troubling ways. Like other agencies, it injects politics into its decisions while relying on technocratic justifications. It also reads grants of authority expansively to aggrandize its power, especially to the detriment of judicial checks on agency action. However, this story of Patent Office ascendancy differs from that of other agencies in two important respects. One is that the U.S. patent system still remains primarily a means for allocating property rights, not a comprehensive regime of industrial regulation. Thus, the Patent Office cannot …


Makeup Or Fakeup?: The Need To Regulate Counterfeit Cosmetics Through Improved Chinese Intellectual Property Enforcement, Jennifer Lei Oct 2019

Makeup Or Fakeup?: The Need To Regulate Counterfeit Cosmetics Through Improved Chinese Intellectual Property Enforcement, Jennifer Lei

Fordham Law Review

This Note examines whether new developments in intellectual property enforcement are able to fix the notorious counterfeiting issue in China, particularly with counterfeit cosmetics. Counterfeit cosmetics are a threat to public safety in the United States and globally, especially as the cosmetics industry continues to expand. There are two opposing views on whether China’s intellectual property regime—in light of the 2017 to 2019 developments—is able to address the issue. This Note proposes that even with recent developments, current laws and enforcement methods do not reduce counterfeit production. Instead, this Note argues that the Chinese government should use educational campaigns to …


Net Neutrality And The European Union’S Copyright Directive For The Digital Single Market, Nathan Guzé Oct 2019

Net Neutrality And The European Union’S Copyright Directive For The Digital Single Market, Nathan Guzé

Loyola of Los Angeles International and Comparative Law Review

The European Union’s Copyright Directive for the Digital Single Market should cause concern for net neutrality advocates. This article casts a critical gaze at Article 17 (previously Article 13) of this new Directive. It chronicles the Directive’s life: starting as a reaction to the perceived inadequate copyright protections provided by the previous Information Society Copyright Directive through to its then-present status circa May 2019. Next, net neutrality is defined, and its benefits and detriments are weighed to ultimately determine the policy is desirable. Article 17’s call for eliminating safe-harbor provisions for content hosts and its call for content filters signal …


Letter To Council Members Regarding Council Draft 3, Jane C. Ginsburg, June M. Besek Oct 2019

Letter To Council Members Regarding Council Draft 3, Jane C. Ginsburg, June M. Besek

Faculty Scholarship

We understand that the ALI Council will consider Council Draft 3 (CD3) of the Restatement of the Law, Copyright (Copyright Restatement) project at its meeting on October 17-18, 2019. The Council may not appreciate how controversial a project this is: the U.S. Copyright Office, the U.S. Patent and Trademark Office, the American Bar Association’s Section of Intellectual Property Law, the New York City Bar Association’s Committee on Copyright and Literary Property, academics and other Advisers and Liaisons have expressed serious concerns about this and previous Council Drafts and Preliminary Drafts; indeed, the Register of Copyrights deplored the project as a …


It's Scandalous! - Limiting Profane Trademark Registrations After Tam And Brunetti, Gary Myers Oct 2019

It's Scandalous! - Limiting Profane Trademark Registrations After Tam And Brunetti, Gary Myers

Faculty Publications

Over the course of the last two years, the Supreme Court has engaged in a long-overdue assessment of the constitutionality of federal trademark law prohibitions on the registration of offensive marks. In its unanimous 2017 decision in Mata/ v. Tam, the Court held that the disparagement clause is a content-based provision that violates the First Amendment. In 2019, the Court in Iancu v. Brunetti held that the refusal to register the mark "FUCT" on grounds that it was immoral or scandalous would also violate the First Amendment. These cases offered an opportunity for the Court to clarify the proper role …


Lawful Neutral: The Justice System And Dungeons And Dragons, Laura Lea Williams Oct 2019

Lawful Neutral: The Justice System And Dungeons And Dragons, Laura Lea Williams

Cardozo Journal of Equal Rights & Social Justice

The note argues that the ban on Dungeons & Dragons (D&D) in prisons is rooted in outdated misconceptions and fails to recognize the game's potential as a rehabilitative tool. It critiques the judicial system's reliance on the Turner test, which has been used to uphold such bans, and advocates for a more nuanced approach that considers the game's benefits in fostering communication, empathy, and problem-solving skills among inmates.


Table Of Contents, Seattle University Law Review Sep 2019

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Commodity Futures Trading Com'n V. Mcdonnell 287 F.Supp.3d 213 (E.D.N.Y. 2018), Zach Johnston Sep 2019

Commodity Futures Trading Com'n V. Mcdonnell 287 F.Supp.3d 213 (E.D.N.Y. 2018), Zach Johnston

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Rockwell V. Trustees Of The Berkshire Museum No. 1776cv00253, 2017 Wl 6940932 (Mass. Sup. Ct. Nov. 7, 2017), Kahlia Halpern Sep 2019

Rockwell V. Trustees Of The Berkshire Museum No. 1776cv00253, 2017 Wl 6940932 (Mass. Sup. Ct. Nov. 7, 2017), Kahlia Halpern

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


A Tough Pill To Swallow: Increasing Complexity For Drug Developers In The Federal Circuit, Jacob Michalakes Sep 2019

A Tough Pill To Swallow: Increasing Complexity For Drug Developers In The Federal Circuit, Jacob Michalakes

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


The Federal Circuit: Thwarting Software Innovation, Bernardo Rocha Sep 2019

The Federal Circuit: Thwarting Software Innovation, Bernardo Rocha

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Reinterpreting The Authenticity Of Reconstructed World Heritage Properties For The Twenty-First Century, Joy Naifeh Sep 2019

Reinterpreting The Authenticity Of Reconstructed World Heritage Properties For The Twenty-First Century, Joy Naifeh

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Table Of Contents Sep 2019

Table Of Contents

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Striking The Balance: How States Can Protect Both Str Advocates And Opponents, James Stumpf Sep 2019

Striking The Balance: How States Can Protect Both Str Advocates And Opponents, James Stumpf

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Maloney V. T3media, Inc. 853 F. 3d 1004, (9th Cir. 2017), Ralph Loyola Sep 2019

Maloney V. T3media, Inc. 853 F. 3d 1004, (9th Cir. 2017), Ralph Loyola

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Cassirer V. Thyssen-Bornemisza Collection Foundation 862 F. 3d 951, (9th Cir. 2017), Alyssa Pullara Sep 2019

Cassirer V. Thyssen-Bornemisza Collection Foundation 862 F. 3d 951, (9th Cir. 2017), Alyssa Pullara

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Leapers, Inc. V. Smts, Llc, Melissa Cole Sep 2019

Leapers, Inc. V. Smts, Llc, Melissa Cole

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Sophia: Exploring The Ways Ai May Change Intellectual Property Protections, Elizabeth Rocha Sep 2019

Sophia: Exploring The Ways Ai May Change Intellectual Property Protections, Elizabeth Rocha

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Systematic Cultural Appropriation And The Israeli-Palestinian Conflict, Luma Zayad Sep 2019

Systematic Cultural Appropriation And The Israeli-Palestinian Conflict, Luma Zayad

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Table Of Contents Sep 2019

Table Of Contents

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Elliot V. Google, Inc., 860 F.3d 1151 (9th Cir. 2017), Kayla Jewell Sep 2019

Elliot V. Google, Inc., 860 F.3d 1151 (9th Cir. 2017), Kayla Jewell

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Joseph Matal V. Tam 137 S. Ct. 1744 (2017), Elly Goettelman Sep 2019

Joseph Matal V. Tam 137 S. Ct. 1744 (2017), Elly Goettelman

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Y U No Let Me Share Memes?! - How Meme Culture Needs A Definitive Test For Noncommercial Speech, Elizabeth Rocha Sep 2019

Y U No Let Me Share Memes?! - How Meme Culture Needs A Definitive Test For Noncommercial Speech, Elizabeth Rocha

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Repurposing Old Drugs For New Uses, Kathryn Brown Sep 2019

Repurposing Old Drugs For New Uses, Kathryn Brown

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Table Of Contents Sep 2019

Table Of Contents

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Tagged: Graffiti's Advancements In Mainstream Culture Through Expanded Copyright Protection In Williams V. Cavalli, Luma Zayad Sep 2019

Tagged: Graffiti's Advancements In Mainstream Culture Through Expanded Copyright Protection In Williams V. Cavalli, Luma Zayad

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Baldwin V. Emi Feist Catalog, Inc., 805, F.3d 18 (2d Cir. 2015), Tom Calascibetta Sep 2019

Baldwin V. Emi Feist Catalog, Inc., 805, F.3d 18 (2d Cir. 2015), Tom Calascibetta

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Three Years Of Change: Recent Court Cases Under The Video Privacy Protection Act, Chris King Sep 2019

Three Years Of Change: Recent Court Cases Under The Video Privacy Protection Act, Chris King

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


2016 Nchl Moot Court Competition Best Brief, Diana Cao, Bryan Trader, Nalani Crisologo Sep 2019

2016 Nchl Moot Court Competition Best Brief, Diana Cao, Bryan Trader, Nalani Crisologo

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Table Of Contents Sep 2019

Table Of Contents

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.