Intellectual Property Law Commons^™

Trademark Infringement: The Likelihood Of Confusion Of Nfts In The Us And Eu, Sara Sachs

Brooklyn Journal of International Law

The immutability of non-fungible tokens has made it an invaluable tool for asset ownership and authentication across a variety of industries. With the proliferation of NFTs comes the need to protect trademarks and prevent consumer confusion in the digital age. This Note explores the existing legal framework for trademark law in the United States and European Union. This Note argues for a new trademark standard that reflects the interconnected nature of a global digital society.

Artificial Intelligence And Transformative Use After Warhol, Gary Myers

Washington and Lee Law Review Online

The Supreme Court’s recent decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith clarifies the scope of transformative use and the role of these uses in the fair use analysis. This important case has implications for a fair use analysis of artificial intelligence. This article evaluates the interaction between copyright law’s fair use doctrine and typical sources and uses for artificial intelligence. In other words, the article will assess whether or not the use of copyrighted material to “train” AI programs—AI inputs—and the products of AI programs—AI outputs—are likely to found to be transformative in light of …

Brief For Former And Current Law Library Directors, Professors, And Academics As Amici Curiae In Support Of Defendant-Appellant, Michelle M. Wu, Austin Martin Williams

Georgetown Law Faculty Publications and Other Works

The Copyright Act and libraries have a shared purpose: to spread knowledge to the public. See Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569, 574 (1994) (noting the purpose of copyright is “[t]o promote the Progress of Science and useful Arts”). Libraries rely on balanced, careful application of the fair use balancing test to achieve that purpose. Amici respectfully submit that the District Court's decision collapsed copyright law's multi-part fair-use balancing test into a theory focused primarily on economics. Amici further respectfully submit that the District Court's fair-use analysis was broadly applied to Internet Archive's (IA) activities without distinguishing …

The Contours Of Contempt In Patent Law After Tivo, Inc. V. Echostar Corp.: An Empirical Study, Nina Elder

Minnesota Journal of Law, Science & Technology

No abstract provided.

Covid-19 Response In An Alternative America: Legal Tools That The Us Government Failed To Invoke, Neil Davey

Minnesota Journal of Law, Science & Technology

No abstract provided.

Who’S Suing You?, David Mcgowan

Minnesota Journal of Law, Science & Technology

No abstract provided.

A New Addition To The Trademark Litigator's Tool Kit: A Neuroscientific Index Of Mark Similarity, Mark Bartholomew, Zhihao Zhang, Ming Hsu, Andrew S. Kayser, Femke Van Horen

Journal Articles

With trademark law always striving to keep abreast of new developments in science and technology, the authors of this article propose an innovative, neuroscience-based approach to answering the time-honored question of whether likelihood of consumer confusion exists in a particular dispute.

Reading Trademark Tea-Leaves At The Supreme Court, Graeme B. Dinwoodie

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Trypanophobia: The Scary World Of Tattoos And The Law, Dalton Primeaux

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Exploring The Role Of Patent Offices In Climate Change Mitigation, Johanna Rahnasto

Chicago-Kent Journal of Intellectual Property

Patent offices are developing new programs to help in climate change mit- igation. What can they deliver? This Article provides a contemporary overview of the different green technology initiatives promoted by patent offices: fast- tracking of patent applications, search platforms, applicant resources, and publicity and awareness programs. The Article concludes that special treat- ment of green technology is fair and administrable when programs are openly accessible but narrowly tailored. The most tangible effect of these initiatives is the increased control by the patentee over the patenting and commercialization process, which is valuable even when effects of these programs on technology …

Jack Daniel’S Properties V. Vip Products And The Current State Of Trademark Fair Use, Christine Haight Farley

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Balancing The Scales: Analyzing Motivation To Combine And Avoiding Impermissible Hindsight In 2023, Michael Pomeroy

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Enablement For Genus Claims: A Bifurcated Approach, Jie Yang

Chicago-Kent Journal of Intellectual Property

Abstract After two jury trials, two trips to the Federal Circuit, and two petitions to the Supreme Court, the Court this past term decided Amgen Inc. v. Sanofi without much controversy. In a unanimous decision, the Court affirmed the invalidation of Amgen’s functional antibody claims for lack of enablement. As a result, inventors down the road, not just life sciences companies, may find it more difficult to obtain broad patents. Although the Court was clear that Amgen may not “monopolize an entire class of things defined by their function,” the opinion fell short of guiding lower courts on how to …

The Death Of The Litmus Test, Dale Cendali, Abbey Quigley

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Motions To Submit Supplemental Information: An Infrequently Utilized Procedure, Matthew Johnson, Ashvi Patel

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Surveys In Jack Daniel’S V. Vip, Shari Seidman Diamond

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Inside Or Outside?: Remarks On Abitron V. Hetronic (U.S. 2023), Margaret Chon

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Written Statement: Andy Warhol Foundation For The Visual Arts, Inc. V. Goldsmith, Yolanda M. King

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Amgen V. Sanofi And The Return Of Patent Formalism To The Supreme Court, Laura Pedraza-Fariña

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Some Thoughts On Warhol And The Future Of Transformative Works, Zvi S. Rosen

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Comments On Amgen V. Sanofi, Oskar Liivak

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Bringing Shadow Libraries Out Of Legal Shadows: An Opportunity For The Delhi High Court, Rahul Bajaj, Anchal Bhateja

Indian Journal of Law and Technology

At the heart of the copyright bargain is the need to strike a balance between fostering creativity, by incentivizing producers of intellectual property and promoting the interests of the public at large. These two are often in tension with each other. Some cases bring this tension into sharp focus. The ongoing litigation in the Delhi high Court, on the legality of shadow libraries - Libgen and Sci Hub - is one such case. The case has seminal importance for ensuring that the right to education is duly respected and fulfilled.

In this paper, we argue that this litigation offers the …

Case Law On American Indians: October 2022 - August 2023, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.

“Vr”: Virtual Reality, Or Very Risky? Injuries And Liability From Virtual Reality Headsets, Andrew Stein

Seattle Journal of Technology, Environmental, & Innovation Law

No abstract provided.

The Proof Is In The Data: How Ethereum And Efficient Audits Can Reduce Litigation In The Streaming Era, Keri Ogden

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

The Structure Of Secondary Copyright Liability, Felix T. Wu

Articles

Secondary copyright liability and secondary patent liability largely parallel each other. And yet, secondary copyright cases are often quite different from secondary patent cases. Whereas most secondary patent infringers act in a way that targets a particular patent or group of related patents, secondary copyright infringement mostly arises in the context of technologies or services that work across all copyrighted works. Secondary copyright liability raises issues of platform liability in ways that secondary patent liability usually does not.

The current structure and framing of secondary copyright liability inadequately account for this distinction. The result is that secondary copyright liability tends …

Rise Of The Machines: The Future Of Intellectual Property Rights In The Age Of Artificial Intelligence, Sofia Vescovo

Brooklyn Law Review

Artificial intelligence (AI) is not new to generating outputs considered suitable for intellectual property (IP) protection. However, recent technological advancements have made it possible for AI to transform from a mere tool used to assist in developing IP to the mind behind novel artistic works and inventions. One particular AI, DABUS, has done just so. Yet, while technology has advanced, IP law has not. This note sets out to provide a solution to the legal concerns raised by AI in IP law, specifically in the context of AI authorship and inventorship. The DABUS test case offers a model framework for …

A Critical Librarianship Approach For Teaching Patent Searching: Who Becomes An Inventor In America?, Dave Zwicky, Ilana Stonebraker

Libraries Faculty and Staff Scholarship and Research

The ways in which a technology is invented, owned, and approved are strongly influenced by the same oppressive and exclusionary structures that critical librarianship interrogates. Patents, limited-term grants of rights to inventions, are issued to inventors in exchange for detailed specifications of the invention. This paper examines current practices used by business librarians in teaching students how to find patents and how these practices could be critically informed given the nature of the United States patent system as it exists today. An output of this work is a suggested lesson plan with recommended resources.

That Thing Ain't Human: The Artificiality Of "Human Authorship" And The Intelligence In Expanding Copyright Authorship To Fully-Autonomous Ai, Ernest Oleksy

Cleveland State Law Review

The U.S. Copyright Review Board (the "Board") decided that works entirely created by fully-autonomous artificial intelligence ("AI") are not entitled to copyright protections. The Board based its decision on a copyrightability requirement referred to as “human authorship.” However, the Copyright Act of 1976 (the "Act") never mentions a “human” requirement to copyright authorship, nor do most of the Board’s cited authorities. Denying authorship to intellectually-impressive and economically-valuable works under a poorly-established legal subelement is antithetical to copyright law’s history and to Congress’s constitutional mandate to “promote . . . [the] useful [a]rts . . . .” It leaves creators who …

Masthead

UC Law SF Communications and Entertainment Journal

No abstract provided.