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Articles 91 - 120 of 248
Full-Text Articles in Intellectual Property Law
Top Tens In 2010: Patent And Trademark Cases, Stephen Mcjohn
Top Tens In 2010: Patent And Trademark Cases, Stephen Mcjohn
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Top Tens In 2010: Copyright And Trade Secret Cases, Stephen Mcjohn
Top Tens In 2010: Copyright And Trade Secret Cases, Stephen Mcjohn
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Brand Renegades, Jeremy N. Sheff
Brand Renegades, Jeremy N. Sheff
Faculty Publications
Recent appearances of trademarks in popular culture-in rap lyrics, on reality TV shows, even in youth riots have raised the question whether the owners of those trademarks might pursue legal remedies to protect their brands from unwanted social associations. This Article argues that they cannot, and that we should understand this limitation on trademark rights as grounded in a principle that consumption of certain brands is an expressive act that First Amendment principles place outside trademark owners' control.
The Ethics Of Unbranding, Jeremy N. Sheff
The Ethics Of Unbranding, Jeremy N. Sheff
Faculty Publications
This Essay explores the ethical implications of the phenomenon of "unbranding" that has recently been discussed in popular and scholarly literature. It compares two extant definitions of unbranding and examines each under alternative ethical theories of trademark law, specifically deontological and consequentialist theories. With respect to each of these theories, the Essay examines the ethical questions raised by the existence of asymmetric information between brand owners and consumers. This includes asymmetries not only with regard to information about products, but also with regard to information about consumer decision-making processes. The latter asymmetry presents conflicts between deontological and consequentialist conclusions regarding …
A Trade Secret Approach To Protecting Traditional Knowledge, Deepa Varadarajan
A Trade Secret Approach To Protecting Traditional Knowledge, Deepa Varadarajan
Faculty Publications
This Article argues that the doctrinal and normative divide between traditional knowledge protection and intellectual property law has been overemphasized, and that trade secret law can help narrow it. First, in terms of doctrinal fit, trade secret doctrine offers a viable model for protecting a subset of traditional knowledge that is not already publicly available. Broadly speaking, trade secret law imposes liability for the wrongful acquisition, use, or disclosure of valuable information that is the subject of reasonable secrecy efforts. Second, in addition to its practical import, the underlying justifications of trade secret law offer a useful normative guide for …
Originality Proxies: Toward A Theory Of Copyright And Creativity, Eva E. Subotnik
Originality Proxies: Toward A Theory Of Copyright And Creativity, Eva E. Subotnik
Faculty Publications
This article contends that a definitive account of originality as a legal construct is not possible and that, as a result, the current low threshold for originality should be maintained. Under this analysis, most photographs, so long as they comply with certain requirements, should be granted protection, at the very least, against exact copying (for example, through digital copying and pasting). Arriving at this conclusion, however, requires a return to first principles, that is, to the copyright concepts of authorship and originality. These concepts saw their most recent articulation by the Supreme Court in the 1991 landmark decision of Feist …
Biasing Brands, Jeremy N. Sheff
Biasing Brands, Jeremy N. Sheff
Faculty Publications
The dominant search-costs model of trademark law posits that consumers choose products to satisfy their preferences by analytically mapping those preferences to product information that trademarks efficiently provide. This Article tests these descriptive claims against empirical and theoretical research in marketing and consumer psychology, particularly the concept of "brand equity": the value to a firm or its customers of a brand and of the firm's efforts to build and maintain that brand.
Internally complex brand equity models, juxtaposed with empirical findings in related psychology and marketing research, challenge the descriptive accuracy of the search-costs model. In particular, branding efforts can …
Empirical Analysis Of Drug Approval-Drug Patenting Linkage For High Value Pharmaceuticals, Ron A. Bouchard, Richard W. Hawkins, Robert Clark, Reider Hagtvedt, Jamil Sawani
Empirical Analysis Of Drug Approval-Drug Patenting Linkage For High Value Pharmaceuticals, Ron A. Bouchard, Richard W. Hawkins, Robert Clark, Reider Hagtvedt, Jamil Sawani
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Network Transparency: Seeing The Neutral Network, Adam Candeub
Network Transparency: Seeing The Neutral Network, Adam Candeub
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Machines And Transformations: The Past, Present, And Future Patentability Of Software, Andrei Iancu, Peter Gratzinger
Machines And Transformations: The Past, Present, And Future Patentability Of Software, Andrei Iancu, Peter Gratzinger
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Microsoft Case 10 Years Later: Antitrust And New Leading "New Economy" Firms, Chris Butts
The Microsoft Case 10 Years Later: Antitrust And New Leading "New Economy" Firms, Chris Butts
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Genomic Research And Accessibility Act: More Science Fiction Than Fact, James Degiulio
The Genomic Research And Accessibility Act: More Science Fiction Than Fact, James Degiulio
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Is Patent Hold-Up Anticompetitive?, Vishesh Narayen
Is Patent Hold-Up Anticompetitive?, Vishesh Narayen
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
To Be Fixed Or Not To Be: The Seemingly Never-Ending Question Of Copyrighted Material, Karl O. Riley
To Be Fixed Or Not To Be: The Seemingly Never-Ending Question Of Copyrighted Material, Karl O. Riley
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Acquiring A Flavor For Trademarks: There's No Common Taste In The World, Amanda E. Compton
Acquiring A Flavor For Trademarks: There's No Common Taste In The World, Amanda E. Compton
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Federal Circuit's Inequitable Conduct Standard After, Benjamin Johnson
The Federal Circuit's Inequitable Conduct Standard After, Benjamin Johnson
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Patenting Of Social Interactions:, Jonathan Masur, Matthew Sag, Joshua Sarnoff, Daniel Williams
The Patenting Of Social Interactions:, Jonathan Masur, Matthew Sag, Joshua Sarnoff, Daniel Williams
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Trademark And Copyright In The Days Of Internet: The Google Influence, Michael H. Baniak, Matthew Sag
Trademark And Copyright In The Days Of Internet: The Google Influence, Michael H. Baniak, Matthew Sag
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Who Defines The Law? Uspto Rulemaking Authority, Jonathan Masur, James B. Speta, Nicholas M. Zovko, Donald L. Zuhn, Jr
Who Defines The Law? Uspto Rulemaking Authority, Jonathan Masur, James B. Speta, Nicholas M. Zovko, Donald L. Zuhn, Jr
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Redefining "Free": A Look At Open Source Software Management, Jon Christiansen, Alfred E. Hanna, Joseph A. Herndon, John L. Hines, Jr
Redefining "Free": A Look At Open Source Software Management, Jon Christiansen, Alfred E. Hanna, Joseph A. Herndon, John L. Hines, Jr
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Strategies For The Uspto: Ensuring America’S Innovation Future, Sharon Barner
Strategies For The Uspto: Ensuring America’S Innovation Future, Sharon Barner
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Legally Correct But Technologically Off The Mark, Daniel B. Garrie, Bill Spernow
Legally Correct But Technologically Off The Mark, Daniel B. Garrie, Bill Spernow
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Successfully Defending Against False Marking Claims, Steve Williams, Jane Du
Successfully Defending Against False Marking Claims, Steve Williams, Jane Du
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Peer To Patent: A Cure For Our Ailing Patent Examination System, Daniel R. Bestor, Eric Hamp
Peer To Patent: A Cure For Our Ailing Patent Examination System, Daniel R. Bestor, Eric Hamp
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Caught In The Clouds: The Web 2.0, Cloud Computing, And Privacy?, Paul Lanois
Caught In The Clouds: The Web 2.0, Cloud Computing, And Privacy?, Paul Lanois
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Incentives/Access Tradeoff, David W. Barnes
The Incentives/Access Tradeoff, David W. Barnes
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Post-Judgment Remedies In Reaching Patents, Copyrights And Trademarks In The Enforcement Of A Money Judgment, David J. Cook
Post-Judgment Remedies In Reaching Patents, Copyrights And Trademarks In The Enforcement Of A Money Judgment, David J. Cook
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
O’Keefe And The Wheel That Begs For Reinvention: An Exceptionalist Approach To Electronic Discovery In Criminal Actions, Jared S. Beckerman
O’Keefe And The Wheel That Begs For Reinvention: An Exceptionalist Approach To Electronic Discovery In Criminal Actions, Jared S. Beckerman
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Patent Valuation: Aren’T We Forgetting Something? Making The Case For Claims Analysis In Patent Valuation By Proposing A Patent Valuation Method And A Patent-Specific Discount Rate Using The Capm, Malcolm T. Meeks, Charles A. Eldering
Patent Valuation: Aren’T We Forgetting Something? Making The Case For Claims Analysis In Patent Valuation By Proposing A Patent Valuation Method And A Patent-Specific Discount Rate Using The Capm, Malcolm T. Meeks, Charles A. Eldering
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Three Years Post-Ksr: A Practitioner’S Guide To “Winning” Arguments On Obviousness And A Look At What May Lay Ahead, Katherine M. L. Hayes
Three Years Post-Ksr: A Practitioner’S Guide To “Winning” Arguments On Obviousness And A Look At What May Lay Ahead, Katherine M. L. Hayes
Northwestern Journal of Technology and Intellectual Property
No abstract provided.