Revoking Trademark Consent: Can It Be Done?,
2023
Southern Methodist University, Dedman School of Law
Revoking Trademark Consent: Can It Be Done?, Keegan Pearl
SMU Science and Technology Law Review
In 2022, Dallas Mavericks guard, Luka Doncic, was engaged in a quiet, albeit significant legal dispute with his mother. The dispute centered around Doncic’s attempt to register a new trademark to use for various goods and services. Doncic, however, previously gave his mother consent to use his name and likeness for a similar trademark, which was officially registered in 2018. Due to the likelihood of confusion, and his mother’s unwillingness to cede her rights in the outdated mark, Doncic was prevented from registering his new mark. Thus, Doncic filed a cancellation petition with the USPTO, which argued he should be …
Gripe Sites & Trademark User Rights: Lessons From Canada’S Cooperstock Case,
2023
Osgoode Hall Law School of York University
Gripe Sites & Trademark User Rights: Lessons From Canada’S Cooperstock Case, Carys Craig
All Papers
This Chapter is concerned with the nature of trademarks as vehicles of expression. It takes, as its lesson study, the unfortunate Canadian Federal Court case of United Airlines v. Cooperstock in which a disgruntled United passenger quite spectacularly failed in his efforts to defend a trademark parody on his consumer complaints “gripe” site. The case demonstrates the risks of relying on trademark law’s internal limits and implicit exceptions to define the boundaries of the trademark owner’s control. I argue, first, that the case therefore underscores the need for explicit statutory exceptions to ensure breathing space for parody, criticism, and other …
Copyright’S Capacity Gap,
2023
St. John's University School of Law
Copyright’S Capacity Gap, Andrew Gilden, Eva E. Subotnik
Faculty Publications
Most areas of law require that individuals meet a certain threshold of capacity before their decisions — e.g., to marry, to enter into a contract, or to execute an estate plan — are given legal effect. Copyright law, by contrast, gives legal effect to creative decisions by granting the decisionmaker many decades of exclusive rights so long as they are a human being and have demonstrated a “creative spark.” This Article examines the overlooked consequences of this gap in capacity standards between copyright and other areas of law. It shows that this gap has produced numerous opportunities for vulnerable creators …
Nestlé V. Doe: A Death Knell To Corporate Human Rights Accountability?,
2023
Seattle University School of Law
Nestlé V. Doe: A Death Knell To Corporate Human Rights Accountability?, Phillip Ayers
Seattle University Law Review
The Supreme Court in Nestlé v. Doe held that foreign plaintiffs who claimed to be victims of overseas tortious conduct by corporate defendants had no jurisdiction to sue in federal courts using the Alien Tort Statute. This Comment looks at the history of the Alien Tort Statute, from its inspiration, long dormancy, and recent reinvigoration beginning in the 1980s. The Comment then explores the background of Nestlé and its issues with child slavery in its cocoa supply chain. From there, the Comment analyzes the Nestlé v. Doe decision, and posits an alternative outcome. Finally, this Comment looks for a new …
©Ancelling Dr. Seuss,
2023
University of Montana School of Law
©Ancelling Dr. Seuss, Cathay Y. N. Smith
Faculty Journal Articles & Other Writings
Dr. Seuss Enterprises announced in March 2021 that it would no longer license or publish six of its children’s books because those books portrayed people in racist or culturally stereotypical ways. Since then, the public has learned through news reports and social media that other publishers have similarly reviewed and altered their catalogues of classic children’s works, including withdrawing them from the public, editing them to remove problematic content, or adding disclaimers to warn the public about racially insensitive or outdated content. The public reaction to Dr. Seuss’s decision and these other actions has been largely divided. Some criticized these …
Learning From Mistakes: A Guide To Expanding The Oversight Board,
2023
The Catholic University of America, Columbus School of Law
Learning From Mistakes: A Guide To Expanding The Oversight Board, Kevin Frazier
Catholic University Journal of Law and Technology
More than 4.4 billion people use social media. A few platforms attract a significant number of those users—for example, 2.9 billion people use Facebook, 2.3 billion use YouTube, and 1.2 billion use WeChat. How these major platforms govern themselves with respect to content moderation has an impact on billions of users and may lead to policy changes across other platforms that affect billions more. That is why it is so important to analyze Meta’s Oversight Board—an independent body created for the purpose of “promot[ing] free expression by making principled, independent decisions regarding content on Facebook and Instagram by issuing recommendations …
New Frontiers In Technology: Can Traditional Intellectual Property Rights Laws Be Adapted And Applied To Nfts?,
2023
Catholic University of America (Student)
New Frontiers In Technology: Can Traditional Intellectual Property Rights Laws Be Adapted And Applied To Nfts?, Mariyah S. Wakhariya
Catholic University Journal of Law and Technology
A decade ago, ‘NFTs’ were rarely heard of or known to anyone, unless they worked in or kept up with the tech world. However, they are not new - they have been around for almost two decades. Their popularity has grown over the past few years. ‘NFT’ stands for ‘non-fungible token’. An NFT is a digital file with a unique identity that is verified on a blockchain and is therefore not interchangeable - i.e., a kind of crypto asset, like an authentication certificate for digital artifacts. In theory, NFTs can represent almost any real or intangible property. These days, it …
Name, Image, And Likeness Deals And Immigration Consequences For International Student-Athletes,
2023
University of Oklahoma College of Law
Name, Image, And Likeness Deals And Immigration Consequences For International Student-Athletes, Eric E. Johnson, Kit Johnson
Faculty Articles
International student-athletes are being sidelined from deals that would allow them to reap financial benefits from licensing their name, image, and likeness (“NIL”). The calls to sideline these students are not coming from the NCAA or even the federal agencies in charge of immigration. The calls are coming from overly cautious universities, attorneys, and academics who incorrectly see NIL licensing as work or employment that is incompatible with the visa obligations of international student-athletes. This Article argues that international athletes can license their NIL without violating their visa terms.
Foreword: A Tipping Point For Antitrust Law,
2023
Southern Methodist University, Dedman School of Law
Foreword: A Tipping Point For Antitrust Law, C. Paul Rogers Iii
SMU Science and Technology Law Review
No abstract provided.
Antitrust Accountability Delayed: State Antitrust Enforcement And Multidistrict Litigation,
2023
Notre Dame School of Law
Antitrust Accountability Delayed: State Antitrust Enforcement And Multidistrict Litigation, Roger P. Alford
SMU Science and Technology Law Review
State Attorneys General play a crucial role in the enforcement of antitrust laws. Defendants have successfully delayed state enforcement proceedings by centralizing them with private lawsuits in multidistrict litigation. A new venue law has foreclosed that delay tactic, placing State Attorneys General on equal footing with federal antitrust enforcers in deciding where, when, and how to prosecute antitrust cases.
Houston Security Camera Ordinance: Reasonable Safety Measure Or Orwellian Surveillance,
2023
Southern Methodist University, Dedman School of Law
Houston Security Camera Ordinance: Reasonable Safety Measure Or Orwellian Surveillance, Clint Nuckolls
SMU Science and Technology Law Review
A new ordinance went into effect in Houston, Texas in July 2022, which looks to leverage technology and require certain businesses to install surveillance cameras at their own cost and turn footage over to the police on demand without a warrant. The ordinance specifically requires bars, nightclubs, convenience stores, sexually oriented businesses, and game rooms to install surveillance cameras, with accompanying lighting at all places where customers are permitted, keep the cameras running at all times, even when the business is closed, and store the footage for at least thirty days, all at the expense of the business owners. The …
Generative Ai Art: Copyright Infringement And Fair Use,
2023
University of Kentucky
Generative Ai Art: Copyright Infringement And Fair Use, Michael D. Murray
SMU Science and Technology Law Review
The discussion of AI copyright infringement or fair use often skips over all the required steps of the infringement analysis in order to focus on the most intriguing question, “Could a visual generative AI generate a work that potentially infringes a preexisting copyrighted work?” and then the discussion skips further ahead to, “Would the AI have a fair use defense, most likely under the transformative test?” These are relevant questions, but without considering the actual steps of the copyright infringement analysis, the discussion is misleading or even irrelevant. This neglecting of topics and stages of the infringement analysis fails to …
Texas’S Water Future: Legal, Business, Environmental, And Regulatory Concerns,
2023
Southern Methodist University, Dedman School of Law
Texas’S Water Future: Legal, Business, Environmental, And Regulatory Concerns, Robert Royce
SMU Science and Technology Law Review
Around the world freshwater is increasingly scarce, and Texas is no different. Texas continuously operates at a shortage, where freshwater supply cannot meet demand. Projections show that this deficit will increase over the next decade, which would cause billions of dollars in losses for the Texas economy. But Texas is in a unique position to correct its water problems and take corrective measures to avoid such losses. Innovations around hydraulic fracturing in the oil and gas industry, namely recyclable “produced water” and the burgeoning “water midstream” sector will play an important role in remediating Texas’ freshwater scarcity concern. Furthermore, the …
Biotechnology Patent Law Top Ten Of 2022: Inducement, Clear Error, And Interferences Galore,
2023
Hulbert & Berghoff LLP
Biotechnology Patent Law Top Ten Of 2022: Inducement, Clear Error, And Interferences Galore, Kevin E. Noonan, Andrew W. Torrance
SMU Science and Technology Law Review
Five-year anniversaries are symbolized by a product of natural biotechnology: wood. This article marks the wood anniversary of the “Top Ten Biotechnology Patent Cases” series that began in 2018. Imagining the world in 2018 is challenging, in part because it was, indeed, a different world. There had not been a major pandemic in one hundred years. Inflation was low. The economy hummed along. No individual war appeared to threaten more than regional stability. O tempora, o mores! The year 2022 was quite different. SARS-CoV-2 continued to stalk the land, having had a monumentally mortiferous effect for several years. High inflation …
Judicial Review Bars In The Patent System, Medicare, And Beyond,
2023
University of Colorado Law School
Judicial Review Bars In The Patent System, Medicare, And Beyond, Laura E. Dolbow
Publications
No abstract provided.
Learned Hand's Copyright Law,
2023
Columbia Law School
Learned Hand's Copyright Law, Shyamkrishna Balganesh
Faculty Scholarship
Learned Hand is often described as the greatest copyright judge to have ever sat on the bench. By the 1950s, the most important parts of U.S. copyright law had been his creation, all from his time as a judge on the Second Circuit Court of Appeals. Despite all of this, there has been little systematic analysis of Hand’s approach to copyright and of the reasons why his jurisprudence in multiple areas of copyright law have survived the test of time. This Article argues that the longevity, influence and canonical status of Hand’s contributions to copyright are closely tied to his …
Advances In Patent Rights Acquisition In International Patent Law,
2023
William & Mary Law School
Advances In Patent Rights Acquisition In International Patent Law, Sarah R. Wasserman Rajec
Faculty Publications
At this centennial event, we have been asked to reflect on the most consequential developments in international intellectual property law of the last 100 years, with an eye towards important future developments as well. This is no small task, given the proliferation of intellectual property-related treaties and the profound changes in business structures, manufacturing, and trade that the last century has seen. The rise of the multinational corporation has been fueled in part by changes to trade laws, and the inclusion of intellectual property in trade-related treaties has facilitated cross-border research and development, manufacturing, and distribution of goods subject to …
Comments On Council Draft 7 [Black Letter And Comments],
2023
Columbia Law School
Comments On Council Draft 7 [Black Letter And Comments], Jane C. Ginsburg
Faculty Scholarship
CD7 adopts several of the suggestions in my comments on PD8; I appreciate those modifications. CD7 does not, however, respond to a number of other criticisms and suggestions regarding PD8. For the benefit of the Council, I reprise the suggestions that I consider to be most significant to ensuring the accuracy of the draft (page and line references have been changed to reflect CD7)
When Inventors Go Bankrupt,
2023
Mitchell Hamline School of Law
Antibody Patents: Use Of The Written Description And Enablement Requirements At The Patent & Trademark Office,
2023
West Virginia University
Antibody Patents: Use Of The Written Description And Enablement Requirements At The Patent & Trademark Office, S. Sean Tu, Christopher M. Holman
Faculty Works
No abstract provided.
