Intellectual Property Law Commons^™

Forcing Creativity: An Analysis Of Chinese Ip Subsidies And How They Should Be Assessed Under Existing International Trade Agreements, Taylor Stemler

Cybaris®

No abstract provided.

Trade Secrets And Personal Secrets, Lital Helman

University of Richmond Law Review

This Article aims to examine the different ways in which the law protects commercial and private secrets. The most fundamental difference is that the trade secrets regime forbids the unauthorized use of a business’s confidential information, while privacy law does not forbid the unauthorized use of a person’s confidential information. If a firm takes measures to protect information of value, the law forbids the use of this information. Yet, as to personal secrets, the mere fact that someone has taken measures to protect their privacy does not create an obligation to avoid misappropriation of their in- formation.

This asymmetry of …

Mark Of The Devil: The University As Brand Bully, James Boyle, Jennifer Jenkins

Fordham Intellectual Property, Media and Entertainment Law Journal

In recent years, universities have been accused in news stories of becoming “trademark bullies,” entities that use their trademarks to harass and intimidate beyond what the law can reasonably be interpreted to allow. Universities have also intensified efforts to gain expansive new marks. The Ohio State University’s attempt to trademark the word “the” is probably the most notorious. There has also been criticism of universities’ attempts to use their trademarks to police clearly legal speech about their activities. But beyond provocative anecdotes, how can one assess whether a particular university is truly bullying, since there are entirely legitimate reasons for …

Defensive Patent Litigation Strategy For Chinese Companies: A Review Of The Extraterritorial Reach Of The United States Patent Laws, Lisa D. Zang

Fordham Intellectual Property, Media and Entertainment Law Journal

China has experienced an extraordinary transformation from a poor, developing nation into a global economic power. With China becoming one of the U.S.’s largest trading partners, however, Chinese companies have become increasingly enmeshed in U.S. patent litigations. Although the U.S. patent laws are intended only to govern conduct within the nation’s borders, the line between domestic and foreign economic activities has become increasingly blurred. Modern sales transactions often span multiple countries, and in such situations, it may not be clear whether the U.S. patent laws apply. For Chinese companies facing exposure to U.S. patent litigations, it is critical to understand …

Free Speech In The Modern Age, [email protected]

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Author And The Other: Reexamining The Doctrine Of Joint Authorship In Copyright Law, Tehila Rozencwaig-Feldman

Fordham Intellectual Property, Media and Entertainment Law Journal

Over the years, there has been an increase in the importance and prevalence of the joint authorship doctrine resulting from the internet evolution and globalization processes which allow quick sharing of content and information among various creators from around the world. The collaborations that increased and intensified during the COVID-19 pandemic occurred across a wide variety of creative areas. Today, many types of works such as songs, movies, software, and computer games are created regularly through joint authorship. However, current copyright law regimes relate to this complex and fascinating phenomenon in a limited way, leading to courts’ inconsistent interpretation of …

Targeting Exceptions, Michal Lavi

Fordham Intellectual Property, Media and Entertainment Law Journal

On May 26, 2020, the forty-fifth President of the United States, Donald Trump, tweeted: “There is NO WAY (ZERO!) that Mail-In Ballots will be anything less than substantially fraudulent. Mail boxes will be robbed, ballots will be forged & even illegally printed out & fraudulently signed.” Later that same day, Twitter appended an addendum to the President’s tweets so viewers could “get the facts” about California’s mail-in ballot plans and provided a link. In contrast, Facebook’s CEO Mark Zuckerberg refused to take ac- tion on President Trump’s posts. Only when it came to Trump’s support of the Capitol riot did …

Bringing Clout To The Masses: An In-Depth Look At The “Legal Fake” Phenomenon, Nicole Kim

Fordham Intellectual Property, Media and Entertainment Law Journal

A snaking line of customers that wraps around the block leading to a minimalist, yet iconoclastic store can only mean one thing: drop day. Rain or shine, devoted fans of brands such as Supreme, Palace, and Off-White, among others, are willing to spend their time and money for the opportunity to cop the latest and most exclusive items. In recent years, the rise of streetwear has projected once-underground skater labels to the forefront of youth culture, mainstream society, and high fashion. Not only has this movement affected niche designers and traditional luxury names, but streetwear has also reshaped the consumer …

“Bello E Ben Fatto”—The Protection Of Fashion “Made In Italy”, Barbara Pozzo

FIU Law Review

No abstract provided.

Take The Airwaves And Run: How A Loophole In The Copyright Laws Is Helping Competitors Gain An Advantage In The Name Of Public Interest, Mario Romero

FIU Law Review

No abstract provided.

Puff Puff? I'Ll Pass: Protecting The Recreational Cannabis Market From Counterfeit Products Under False Advertising Law, Wynetta D. Mcintosh

Marquette Intellectual Property & Innovation Law Review

None

Weighing The Patent Box: An Evaluation Of The Ex Post Tax Incentive Of A Lower Tax Regime For Products That Incorporate Patents, Kyle Beczkiewicz

Marquette Intellectual Property & Innovation Law Review

None

Innovoting: How Democracy Is Being Reshaped By Women's Innovative Voting Activism & Candidacy, Andrea Schneider, Kali Murray, Amber Wichowsky, Christina Wolbrecht, Mary Kelley, Kara Swanson

Marquette Intellectual Property & Innovation Law Review

None

The Origins And Unforeseen Implications Of The Architectural Works Copyright Protection Act And Recent Developments In Its Interpretation And Implementation, Robert Greenstreet

Marquette Intellectual Property & Innovation Law Review

None

Patents As Public Nuisances, Keyana Payne

Marquette Intellectual Property & Innovation Law Review

None

Access Denied? Unauthorized Access After Hiq Labs V. Linkedin, Dalton Sjong

Marquette Intellectual Property & Innovation Law Review

None

Krawiec V. Manly, Abigail Demasi

NYLS Law Review

No abstract provided.

Banksy: Artist, Prankster, Or Both?, Anna Tichy

NYLS Law Review

No abstract provided.

Promoting Corporate Irresponsibility? Delaware As The Intellectual Property Holding State, Xuan-Thao Nguyen

Articles

This article is about Delaware corporate irresponsibility. Delaware has stealthily become the center of all things intellectual property. As the leader of onshore tax havens since the early 1980s, Delaware attracts multistate corporations to engage in aggressive tax avoidance schemes. Specifically, Delaware has legislatively and methodically attracted the creation of Intellectual Property Holding Companies (IPHCs), enabling companies to avoid paying their share of taxes to sister states on the income generated from the use of Intellectual Property assets. This article traces the rise of Delaware as the intellectual property state and concludes that the benefits Delaware enjoys promote corporate irresponsibility …

Attitudes Towards Ip Present Among Seattle Craft Breweries, Zahr K. Said

Articles

No abstract provided.

Sovereignty 2.0, Anupam Chander, Haochen Sun

Georgetown Law Faculty Publications and Other Works

Digital sovereignty—the exercise of control over the internet—is the ambition of the world’s leaders, from Australia to Zimbabwe, a bulwark against both foreign state and foreign corporation. Governments have resoundingly answered first-generation internet law questions of who if anyone should regulate the internet—they all will. We now confront second generation questions—not whether, but how to regulate the internet. We argue that digital sovereignty is simultaneously a necessary incident of democratic governance and democracy’s dreaded antagonist. As international law scholar Louis Henkin taught us, sovereignty can insulate a government’s worst ills from foreign intrusion. Assertions of digital sovereignty, in particular, …

The Corruption Of Copyright And Returning It To Its Original Purposes, Michelle M. Wu

Georgetown Law Faculty Publications and Other Works

Since its inception, Copyright has had two purposes: the private interest of the author in being paid for her work and the public interest served by the dissemination of these works. Within the last two decades, though, some industries have systematically undermined both of those interests, redirecting the benefits of copyright towards themselves instead of the intended beneficiaries. This paper looks at the book, music, and entertainment industries, examines how copyright has been used to suppress the uses it was intended to foster, and explores ongoing and proposed avenues for course correction.

Restoring The Balance Of Copyright: Antitrust, Misuse, And Other Possible Paths To Challenge Inequitable Licensing Practices, Michelle M. Wu

Georgetown Law Faculty Publications and Other Works

Libraries’ purposes of ensuring access to and preservation of information have been compromised as licensing increasingly replaces ownership. This article outlines various novel legal strategies that libraries could use to restore copyright’s intended balance, including antitrust, preemption, misuse, and unconscionability.

Storming Zuckerberg’S Castle, Anupam Chander

Georgetown Law Faculty Publications and Other Works

A company’s server is its castle, Richard Epstein once declared. Because of this, anyone sending an email to that server needs permission to enter. Within its own logic, this seems incontrovertible, but it depends on a few logical steps worth unpacking. It begins with the premise that a man’s home is his castle. (The masculine pronoun in the early formulation seems relevant.) Let us accept that premise for the purpose of argument. Combining this premise with the investiture of legal personhood on a corporation, we might then deduce that a company’s home must be its castle. Finally, combining that …

Fashion's Brand Heritage, Cultural Heritage, And The Piracy Paradox, Felicia Caponigri

Journal Articles

This Article explores the role that heritage has on our understanding of the appropriateness of intellectual property protection for fashion designs in light of Christopher Sprigman and Kal Raustiala’s seminal work in The Piracy Paradox. At times, heritage seems to both reinforce Sprigman and Raustiala’s argument that fashion thrives in a low-IP regime and, at other times, heritage challenges that argument. Taking Italian fashion design as a case study, this Article considers the intersection of brand heritage, cultural heritage, and intellectual property law and makes three central observations. First, that fashion designs reflecting brand heritage thrive in a low-IP regime. …

Adapting Indian Copyright: Bollywood, Indian Cultural Adaptation, And The Path To Economic Development, Michael P. Goodyear

Vanderbilt Journal of Entertainment & Technology Law

Bollywood and the Indian film industry have enjoyed enormous success, being among the largest movie producers in the world. Yet, despite the bright image of Indian cinema producing over a thousand movies a year and selling billions of tickets, the industry has faced controversy over the practice of copying expression, sometimes practically scene for scene, from US and other international films and adapting them into a version that reflects Indian social and cinematic customs and mores (“Indian cultural adaptation”). A long-standing practice, Indian cultural adaptation in Bollywood has only attracted the attention of Hollywood studios in the past twenty years, …

When Art Might Constitute A Taking: A Takings Clause Inquiry Under The Visual Artists Rights Act, Thomas A. Shelburne

Vanderbilt Journal of Entertainment & Technology Law

At first glance, a federal statute protecting the moral rights of artists and their artwork seems like a unanimous victory. But it turns out that government action protecting certain works of art attached to buildings may give rise to a valid takings clause claim under the Fifth Amendment. Without compensation, a regulation requiring a landowner to maintain someone else’s property on his land would constitute a taking. The Visual Artists Rights Act of 1990 (VARA) requires landowners to maintain protected artwork attached to buildings or potentially face statutory damages. Although only one court has heard and subsequently denied a takings …

Clearing Opacity Through Machine Learning, W. Nicholson Price Ii, Arti K. Rai

Articles

Artificial intelligence and machine learning represent powerful tools in many fields, ranging from criminal justice to human biology to climate change. Part of the power of these tools arises from their ability to make predictions and glean useful information about complex real-world systems without the need to understand the workings of those systems.

Eu General Data Protection Regulation Sanctions In Theory And In Practice, W. Gregory Voss, Bouthinon-Dumas, Hugues

Santa Clara High Technology Law Journal

EU GENERAL DATA PROTECTION REGULATION SANCTIONS IN THEORY AND IN PRACTICE

The Curious Crypto Question: Do Patents Advance Fintech Innovation? The Paradox Arising From Five Key Recent Trends, Katopis, Chris J.

Santa Clara High Technology Law Journal

The Author examines some recent trends in intellectual property (U.S. patents) in the fintech sector, summarizes this empirical data, and discusses the potential implications of these developments.