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Articles 181 - 210 of 584
Full-Text Articles in Intellectual Property Law
Make Some Sense Of Scent Trademarks: The United States Needs A Graphical Representation Requirement, Gabrielle E. Brill
Make Some Sense Of Scent Trademarks: The United States Needs A Graphical Representation Requirement, Gabrielle E. Brill
University of Richmond Law Review
When it comes to consumer loyalty, some businesses have decided to go beyond attracting the eyes. Why not keep customers via their nostrils? Accordingly, the scent marketing industry is booming. Jennifer Dublino, Vice President of Development at ScentWorld Events, remarks that “smell is one of the most unique of human senses. Scent enters the limbic system [of the brain] and bypasses all of the cognitive and logical thought processes and goes directly to the emotional and memory areas of the brain.” Companies like ScentAir have been created specifically to help stores design fragrances that best fit their image and objectives …
Patent Prophylaxis: Expanding Access To Prep Through 28 U.S.C. § 1498, Jonathan A. Bell
Patent Prophylaxis: Expanding Access To Prep Through 28 U.S.C. § 1498, Jonathan A. Bell
William & Mary Law Review
Part I of this Note details the discovery of Truvada for PrEP [pre-exposure prophylaxis] and the ongoing patent infringement litigation brought by HHS [United States Department of Health and Human Services], discusses the patents currently held by CDC and Gilead, and examines the shortcomings of infringement litigation as a means to expand access to the drug. Part II analyzes the mechanism of march-in rights under the Bayh-Dole Act and discusses two previously attempted applications for the HIV-management drug ritonavir to demonstrate why march-in rights will always fail to expand access to life-saving medications or reduce costs to consumers. Part III …
Cannabis, Consumers, And The Trademark Laundering Trap, Viva R. Moffat, Sam Kamin, Tim Maffett
Cannabis, Consumers, And The Trademark Laundering Trap, Viva R. Moffat, Sam Kamin, Tim Maffett
William & Mary Law Review
At the moment, cannabis companies cannot acquire federal trademark protection for their marijuana products because the ''lawful use" doctrine limits trademark registration to goods lawfully sold in commerce. Given that marijuana remains illegal under federal law, this may not sound like much of a problem, but it has serious consequences for consumers. Without trademark rights, one cannabis company can simply use the brand name of another, more prominent, company on its marijuana products, and consumers will assume that they are getting the products they have come to rely on, with potentially dangerous results. The current approach of the United States …
The Truth About Design Patents, Sarah Burstein, Saurabh Vishnubhakat
The Truth About Design Patents, Sarah Burstein, Saurabh Vishnubhakat
Faculty Scholarship
Design patents are hot. Scholars and policymakers are increasingly focusing on this once-niche area of law. However, many of the empirical studies in this area—including old ones that still get cited—were methodologically questionable from the start, have become outdated, or both. In this Article, we make two sets of contributions to this important and underdeveloped literature. First, we review the empirical studies of design patents thus far, including those that pre- and post-date the creation of the U.S. Court of Appeals for the Federal Circuit, and we update the findings of those studies. Second, we consider a set of institutional …
Authoring Prior Art, Joseph P. Fishman, Kristelia Garcia
Authoring Prior Art, Joseph P. Fishman, Kristelia Garcia
Vanderbilt Law School Faculty Publications
Patent law and copyright law are widely understood to diverge in how they approach prior art, the universe of information that already existed before a particular innovation’s development. For patents, prior art is paramount. An invention can’t be patented unless it is both novel and nonobvious when viewed against the backdrop of all the earlier inventions that paved the way. But for copyrights, prior art is supposed to be virtually irrelevant. Black-letter copyright doctrine doesn’t care if a creative work happens to resemble its predecessors, only that it isn’t actually copied from them. In principle, then, outside of the narrow …
Inhuman Copyright Scene: The Forgotten Law Of Art In The Holocaust, Lior Zemer, Anat Lior
Inhuman Copyright Scene: The Forgotten Law Of Art In The Holocaust, Lior Zemer, Anat Lior
Utah Law Review
Artists, authors, musicians, and other creative individuals formed an integral part of the horrific life in the ghettos, concentration camps, and extermination camps during the Holocaust. Through their works, Jewish prisoners documented the atrocities of the Nazis and exposed the untold stories of six million Jews who walked or labored to death. The vast majority of the authors of these works were murdered in gas chambers, labor camps, and ghettos. While much has been written about looted works of art, which were stolen from Jewish families during the Nazi occupation, this material covers only one limited subset of questions relating …
Dirty Little Secrets: The Constitutional Feasibility Of Implementing Legislation To Compel Licensing Of Trade Secrets To End The Covid-19 Pandemic, Noah Olson
The University of Cincinnati Intellectual Property and Computer Law Journal
No abstract provided.
The Art Of Cross-Examination In Ptab Trials, Philip D. Segrest Jr.
The Art Of Cross-Examination In Ptab Trials, Philip D. Segrest Jr.
Chicago-Kent Journal of Intellectual Property
Despite similarities in form, a cross-examination in a Patent Trial and Appeal Board (“PTAB”) trial constitutes trial testimony, which is different from a discovery deposition occurring in civil litigation. While most practitioners would readily recognize this distinction in the abstract, it can be easy to fall back into patterns learned in and applicable to pretrial discovery in civil litigation that may not fit for a PTAB cross-examination. The PTAB regulations describe cross-examination as “routine discovery” in the “form of a deposition transcript,” but a civil action discovery deposition and a PTAB trial cross-examination deposition differ in their goals, their applicable …
Did Sotera Stipulations Solve The Fintiv Criticisms?, Nathan Sportel
Did Sotera Stipulations Solve The Fintiv Criticisms?, Nathan Sportel
Chicago-Kent Journal of Intellectual Property
No abstract provided.
An "Opensea" Of Infringement: The Intellectual Property Implications Of Nfts, Madison Yoder
An "Opensea" Of Infringement: The Intellectual Property Implications Of Nfts, Madison Yoder
The University of Cincinnati Intellectual Property and Computer Law Journal
No abstract provided.
Digital Killed The Analog Star: An Evaluation Of Copyright Law And Its Effects On The Modern Jazz Musician, Anne Wamsley
Digital Killed The Analog Star: An Evaluation Of Copyright Law And Its Effects On The Modern Jazz Musician, Anne Wamsley
Undergraduate Theses
This paper is a survey of modern American copyright law and an analysis of its effectiveness in the digital age through the use of grounded theory research practices, including a review of precedent and history of copyright law and interviews of jazz musicians that have varied levels of experience in different positions throughout the industry. Since music has become a commodity, it has needed to be protected by the law to ensure that musicians are paid fairly for the consumption of their work. Before the modern era, musicians made their living predominantly from record, tape, and CD sales, making concert …
Resorbing Patent Law's Kessler Cat Into The General Law Of Preclusion, Dennis Crouch, Homayoon Rafatijo
Resorbing Patent Law's Kessler Cat Into The General Law Of Preclusion, Dennis Crouch, Homayoon Rafatijo
Akron Law Review
The Supreme Court has warned against the creation and expansion of patent-specific rules of procedure where the general law would suffice. The recently revived and expanded Kessler doctrine is one such patent-specific rule, and we argue its time has come for resorption into the general law of preclusion that has since expanded to encompass the doctrine. We utilize a novel law and economic analysis of the rules of preclusion to demonstrate how lower courts’ expansion of the Kessler doctrine defeats the rationale behind the general law of preclusion.
Intellectual Property For A Better Future, Marketa Trimble
Intellectual Property For A Better Future, Marketa Trimble
Media & Informal Publications
Professor Trimble delivered this presentation for Propriedade Intelectual sem fronteiras: seminário comparativo Brasil-Estados, a World Intellectual Property Day event organized by the United States Consulate General in Sao Paulo, Brazil and Mackenzie Presbyterian University (Sao Paolo, Brazil).
5b Patent Law Session. Patent Potpouri, Andrew Bowler, Michael Williams, Sepehr Shahshahani, Ari Laakkonen, Marleen Van Den Horst, Simon Holzer
5b Patent Law Session. Patent Potpouri, Andrew Bowler, Michael Williams, Sepehr Shahshahani, Ari Laakkonen, Marleen Van Den Horst, Simon Holzer
29th Annual Intellectual Property Law & Policy Conference (2022)
No abstract provided.
1c Plenary Session. Views From The Judiciary, Hugh C. Hansen, Richard Arnold, Stephen Burley, Paolo Catallozzi, Klaus Grabinski, Simon Holzer, Gordon Humphreys, Robin Jacob, Carl Josefsson, Rian Kalden, F. Scott Kieff, Paul R. Michel, Pauline Newman, Peter Charleton, Edger F. Brinkman
1c Plenary Session. Views From The Judiciary, Hugh C. Hansen, Richard Arnold, Stephen Burley, Paolo Catallozzi, Klaus Grabinski, Simon Holzer, Gordon Humphreys, Robin Jacob, Carl Josefsson, Rian Kalden, F. Scott Kieff, Paul R. Michel, Pauline Newman, Peter Charleton, Edger F. Brinkman
29th Annual Intellectual Property Law & Policy Conference (2022)
No abstract provided.
5d Patent Law Session. Ptab, John B. Pegram, Adam Mossoff, Patricia Martone, Brian Scarpelli, George E. Badenoch, Brian P. Murphy
5d Patent Law Session. Ptab, John B. Pegram, Adam Mossoff, Patricia Martone, Brian Scarpelli, George E. Badenoch, Brian P. Murphy
29th Annual Intellectual Property Law & Policy Conference (2022)
No abstract provided.
6d Copyright Law, Competition & Trademark Law Session. U.S. Copyright Developments, Michael S. Shapiro, David O. Carson, Kevin Amer, Joshua L. Simmons, Jennifer Pariser, Sandra Aistars
6d Copyright Law, Competition & Trademark Law Session. U.S. Copyright Developments, Michael S. Shapiro, David O. Carson, Kevin Amer, Joshua L. Simmons, Jennifer Pariser, Sandra Aistars
29th Annual Intellectual Property Law & Policy Conference (2022)
No abstract provided.
7d Competition, Two Concurrent Sessions & Trademark Law. U.S. Trademark Law Developments, Matthew D. Asbell, Marshall Leaffer, Jennifer Simmons, Rebecca Tushnet, Gerald M. Levine, Maria A. Scungio
7d Competition, Two Concurrent Sessions & Trademark Law. U.S. Trademark Law Developments, Matthew D. Asbell, Marshall Leaffer, Jennifer Simmons, Rebecca Tushnet, Gerald M. Levine, Maria A. Scungio
29th Annual Intellectual Property Law & Policy Conference (2022)
No abstract provided.
5c Patent Law Session. International Patent Developments, Robin Jacob, Peter Charleton, Brian Cordery, John Richards, Heinz Goddar, Melanie Müller, Eva Ehlich, Kevin Mcgough
5c Patent Law Session. International Patent Developments, Robin Jacob, Peter Charleton, Brian Cordery, John Richards, Heinz Goddar, Melanie Müller, Eva Ehlich, Kevin Mcgough
29th Annual Intellectual Property Law & Policy Conference (2022)
No abstract provided.
7c Competition, Two Concurrent Sessions & Trademark Law. Trade Secrets, Victoria A. Cundiff, Camilla Alexandra Hrdy, Max Haedicke, James Pooley, Thomas D. Pease, Mark F. Schultz
7c Competition, Two Concurrent Sessions & Trademark Law. Trade Secrets, Victoria A. Cundiff, Camilla Alexandra Hrdy, Max Haedicke, James Pooley, Thomas D. Pease, Mark F. Schultz
29th Annual Intellectual Property Law & Policy Conference (2022)
No abstract provided.
6c Copyright Law, Competition & Trademark Law Session. Frand, Cordula Schumacher, Jorge L. Contreras, Steven Geiszler, David Por, Jyh-An Lee, Steve Akerley, Wolrad Prinz Zu Waldeck Und Pyrmont
6c Copyright Law, Competition & Trademark Law Session. Frand, Cordula Schumacher, Jorge L. Contreras, Steven Geiszler, David Por, Jyh-An Lee, Steve Akerley, Wolrad Prinz Zu Waldeck Und Pyrmont
29th Annual Intellectual Property Law & Policy Conference (2022)
No abstract provided.
6b Copyright Law, Competition & Trademark Law Session. Copyright Protections For Publishers, Ted Shapiro, Kimberley Isbell, Danielle Coffey, Ali Sternburg, Jan Bernd Nordemann, Carlo Scollo Lavizzari
6b Copyright Law, Competition & Trademark Law Session. Copyright Protections For Publishers, Ted Shapiro, Kimberley Isbell, Danielle Coffey, Ali Sternburg, Jan Bernd Nordemann, Carlo Scollo Lavizzari
29th Annual Intellectual Property Law & Policy Conference (2022)
No abstract provided.
7b Competition, Two Concurrent Sessions & Trademark Law. Multilateral Developments, Michele Woods, Steven Tepp, Annabelle Bennett, F. Scott Kieff, Paul Maier
7b Competition, Two Concurrent Sessions & Trademark Law. Multilateral Developments, Michele Woods, Steven Tepp, Annabelle Bennett, F. Scott Kieff, Paul Maier
29th Annual Intellectual Property Law & Policy Conference (2022)
No abstract provided.
6a Copyright Law, Competition & Trademark Law Session. Fair Use, Ron Lazebnik, Daan G. Erikson, Jane C. Ginsburg, Joseph C. Gratz, Brian W. Gray, Bhamati Viswanathan
6a Copyright Law, Competition & Trademark Law Session. Fair Use, Ron Lazebnik, Daan G. Erikson, Jane C. Ginsburg, Joseph C. Gratz, Brian W. Gray, Bhamati Viswanathan
29th Annual Intellectual Property Law & Policy Conference (2022)
No abstract provided.
5a Patent Law Session. Patent Prosecution And Litigation, Penny Gilbert, Kenneth R. Adamo, Carl Josefsson, David J. Kappos, Ronald E. Dimock, Otto Licks
5a Patent Law Session. Patent Prosecution And Litigation, Penny Gilbert, Kenneth R. Adamo, Carl Josefsson, David J. Kappos, Ronald E. Dimock, Otto Licks
29th Annual Intellectual Property Law & Policy Conference (2022)
No abstract provided.
7a Competition, Two Concurrent Sessions & Trademark Law. Antitrust: Developments And Trends, Daryl Lim, Damien Geradin, William E. Kovacic, Thomas B. Nachbar, Thibault Schrepel, Angela Zhang, Eleonor M. Fox
7a Competition, Two Concurrent Sessions & Trademark Law. Antitrust: Developments And Trends, Daryl Lim, Damien Geradin, William E. Kovacic, Thomas B. Nachbar, Thibault Schrepel, Angela Zhang, Eleonor M. Fox
29th Annual Intellectual Property Law & Policy Conference (2022)
No abstract provided.
Kickoff Session. What Will China's Ip System Look Like In 5 Years?, He Jing, Michael-Yu Ding, Guobin Cui, Zheng Ning Ms, Yang Ming, Chi Xu
Kickoff Session. What Will China's Ip System Look Like In 5 Years?, He Jing, Michael-Yu Ding, Guobin Cui, Zheng Ning Ms, Yang Ming, Chi Xu
29th Annual Intellectual Property Law & Policy Conference (2022)
No abstract provided.
Losing Dignity: Eroding Privacy Rights Of Immigrants In Technology-Based Immigration Enforcement, Inma Sumaita
Losing Dignity: Eroding Privacy Rights Of Immigrants In Technology-Based Immigration Enforcement, Inma Sumaita
The University of Cincinnati Intellectual Property and Computer Law Journal
No abstract provided.
Infringement, She Wrote: The Intellectual Property Rights Of Victims In True Crime Craze, Laura Callihan
Infringement, She Wrote: The Intellectual Property Rights Of Victims In True Crime Craze, Laura Callihan
The University of Cincinnati Intellectual Property and Computer Law Journal
No abstract provided.
The Patentability Of Inventions With Artificial Intelligence Listed As An Inventor Following Thaler V. Hirshfeld, Kaitlyn Taylor
The Patentability Of Inventions With Artificial Intelligence Listed As An Inventor Following Thaler V. Hirshfeld, Kaitlyn Taylor
The University of Cincinnati Intellectual Property and Computer Law Journal
No abstract provided.