Noncompetes And Other Post-Employment Restraints On Competition: Empirical Evidence From Trade Secret Litigation,
2021
Washington and Lee University School of Law
Noncompetes And Other Post-Employment Restraints On Competition: Empirical Evidence From Trade Secret Litigation, Christopher B. Seaman
Scholarly Articles
Noncompete clauses in employment agreements are both common and controversial. An estimated twenty-eight million Americans—nearly twenty percent of the U.S. workforce—are currently bound by a noncompete. The traditional view that noncompete agreements can facilitate increased productivity by encouraging employers to invest in employee training has been challenged by numerous legal and economics scholars in recent years, who contend noncompetes hinder employment options for skilled workers and limit information spillovers, which are both vital drivers of innovation. Based on these claims, several states have recently limited the enforcement of noncompetes, and legislation is pending at the federal level to effectively ban …
Fashion, Models, And Intellectual Property,
2021
University of Miami School of Law
Fashion, Models, And Intellectual Property, Andres Sawicki
Articles
In this Article, I revisit the impact of Professor Kal Raustiala and Professor Christopher Sprigman 's landmark article, The Piracy Paradox. Their work identified an empirical anomaly that was difficult to explain in light of the standard justification for intellectual property rights: although IP law does not grant meaningful exclusivity in novel fashion designs, the fashion industry invests significant resources developing those novel designs. To account for this anomaly, The Piracy Paradox shifted the focus from the supply side of innovation to the demand side. The standard justification emphasized that innovators face threats of copying that they cannot easily …
Combating Fake News With “Reasonable Standards”,
2021
UC Law SF
Combating Fake News With “Reasonable Standards”, Tawanna D. Lee
UC Law SF Communications and Entertainment Journal
Fake news is an intractable concern around the globe, sowing division and distrust in institutions, and undermining election integrity. This Article analyzes the spectrum of private and public regulation of “fake news” from comparative law and normative perspectives. In the United States, combating fake news shares surprising bipartisan support in an ever-divided political landscape. While several proposals have emerged that would strip Internet media companies of the liability shield for third-party content, it is unlikely that they would survive the seemingly insurmountable First Amendment scrutiny. This Article argues for a different tact—an amendment to the Communications Decency Act that addresses …
A Post For Change: Social Media And The Unethical Dissemination Of Nonconsensual Pornography,
2021
UC Law SF
A Post For Change: Social Media And The Unethical Dissemination Of Nonconsensual Pornography, Cecilia Grimaldi
UC Law SF Communications and Entertainment Journal
No abstract provided.
The State Of Trade Secret Protection In China In Light Of The U.S.-China Trade Wars: Trade Secret Protection In China Before And After The U.S.-China Trade Agreement Of January 15, 2020, 20 Uic Rev. Intell. Prop. L. 108 (2021), Paolo Beconcini
UIC Review of Intellectual Property Law
No abstract provided.
Closing The Patent Loophole Across Borders, 20 Uic Rev. Intell. Prop. L. 358 (2021),
2021
UIC School of Law
Closing The Patent Loophole Across Borders, 20 Uic Rev. Intell. Prop. L. 358 (2021), Mattias Rättzén
UIC Review of Intellectual Property Law
No abstract provided.
Immunex V. Sandoz: Drafting Assignments As Licenses To Avoid Obviousness-Type Double Patenting, 20 Uic Rev. Intell. Prop. L. 412 (2021),
2021
UIC School of Law
Immunex V. Sandoz: Drafting Assignments As Licenses To Avoid Obviousness-Type Double Patenting, 20 Uic Rev. Intell. Prop. L. 412 (2021), Michael Mand
UIC Review of Intellectual Property Law
No abstract provided.
Pausing The Game: Esports Developers’ Copyright Claims To Prevent Or Restrict Tournament Play,
2021
Vanderbilt University Law School
Pausing The Game: Esports Developers’ Copyright Claims To Prevent Or Restrict Tournament Play, Alexander Tu
Vanderbilt Journal of Entertainment & Technology Law
Unlike traditional sports, esports are-—at their core—-video games, which must be designed and programmed by a game company. These video game developers are the copyright owners of the esports titles they create, which, in turn, results in continued developer control even after a player has purchased or downloaded the game. Because there is no relevant court precedent that is directly applicable to the world of esports, game developers unimpededly exert their copyright authority in order to restrict third-party tournaments that utilize their games, and in some cases, prevent those events from occurring altogether. This use of copyright authority is an …
Copyright And The Creative Process,
2021
University at Buffalo School of Law
Copyright And The Creative Process, Mark Bartholomew
Journal Articles
Copyright is typically described as a mechanism for encouraging the production of creative works. On this view, copyright protection should be granted to genuinely creative works but denied to non-creative ones. Yet that is not how the law works. Instead, almost anything—from test answer sheets to instruction manuals to replicas of items in the public domain—is deemed creative and therefore eligible for copyright protection. This is the consequence of a century of copyright doctrine assuming that artistic creativity is incapable of measurement, unaffected by personal motivation, and incomprehensible to novices and experts alike. Recent neuroscientific research contradicts these assumptions. It …
Offensive Mark Owners Have An Enforcement Problem,
2021
Saint Louis University School of Law
Offensive Mark Owners Have An Enforcement Problem, Yvette Joy Liebesman
All Faculty Scholarship
In Iancu v. Brunetti, the Supreme Court held that the Lanham Act 2(a) bars for "immoral" or "scandalous" marks are facially unconstitutional viewpoint discrimination, and thus violate a trademark owner’s First Amendment rights. Brunetti, as well as its predecessor, Matal v. Tam, focused entirely on how the government might generate viewpoint discrimination at the point of trademark registration. The Court did not consider whether enforcement of trademarks—via courts of law, Customs and Border Protection, or the International Trade Commission—is government speech, and thus exempt from First Amendment free speech scrutiny. Yet the Court’s seminal holding of Shelley v. Kraemer illustrates …
Flipping The Dmca And Its Progeny On Their Heads: Content Creators Reclaiming Revenue From Improper Copyright Claims, 54 Uic L. Rev. 757 (2021),
2021
UIC School of Law
Flipping The Dmca And Its Progeny On Their Heads: Content Creators Reclaiming Revenue From Improper Copyright Claims, 54 Uic L. Rev. 757 (2021), Justin Lizalek
UIC Law Review
No abstract provided.
A Case For Compulsory Licensing In Instances Of Reverse Trademark Confusion,
2021
University of Connecticut
A Case For Compulsory Licensing In Instances Of Reverse Trademark Confusion, Lauren Straight
Connecticut Law Review
Trademark remedies in cases of reverse confusion are economically inefficient. Junior users in the best position to take economic advantage of marks are sometimes unable to do so due to prior use of a mark by a much smaller, remote senior user. This creates economic inefficiencies and leaves market share unutilized. For this reason, TRIPS needs to be revised to allow for a limited system of compulsory licensing for trademarks in reverse confusion cases. A system of compulsory licensing for trademarks would allow the person or company in the best position to use and gain market share from a trademark, …
The Constitution Commandeth: Thou Shalt Not Protect The Same Subject Matter Under Design Patent And Trade Dress Laws,
2021
Chicago-Kent College of Law
The Constitution Commandeth: Thou Shalt Not Protect The Same Subject Matter Under Design Patent And Trade Dress Laws, Kenneth B. Germain, Louis H. Sitler
Chicago-Kent Journal of Intellectual Property
For many years and still currently, it has been assumed—and even expressly asserted—that it is perfectly permissible to “stack” various legal theories (concurrently or consecutively) to protect nonfunctional “designs” for products. This is despite infrequent but cogent arguments that the available theories, notably design patents and product design trade dress—both of which are based upon federal statutes—are not Constitutionally compatible due to at least the concept of Superfluity. The authors of this article carefully examine the origin, nature, and meaning of these two types of IP protections in the context of their two Constitutional bases—the Patent/Copyright Clause and the Commerce …
Wake Up Or Get Woke: The Paradox Of America’S Diplomatic Export Of Hip Hop,
2021
UC Law SF
Wake Up Or Get Woke: The Paradox Of America’S Diplomatic Export Of Hip Hop, Kalen M. Coleman
UC Law SF Communications and Entertainment Journal
No abstract provided.
Litigators And Dealmakers: A Comprehensive Critique Of The California Labor Commission’S Solis Decision And The Talent Agencies Act In The Context Of The 2018-2019 Wga-Ata Packaging Dispute, Tyler J. Emerson
UC Law SF Communications and Entertainment Journal
No abstract provided.
Masthead,
2021
UC Law SF
Conspiracy Speech: Reimagining The First Amendment In The Age Of Qanon,
2021
UC Law SF
Conspiracy Speech: Reimagining The First Amendment In The Age Of Qanon, Justin Hyland
UC Law SF Communications and Entertainment Journal
No abstract provided.
We Didn’T Stop The Fire: Media Ownership Policy After Fcc V. Prometheus Radio Project,
2021
UC Law SF
We Didn’T Stop The Fire: Media Ownership Policy After Fcc V. Prometheus Radio Project, Christopher Terry, Eliezer Joseph Silberberg, Stephen Schmitz
UC Law SF Communications and Entertainment Journal
No abstract provided.
The Integration Of Artificial Intelligence In The Intelligence Community: Necessary Steps To Scale Efforts And Speed Progress,
2021
American University Washington College of Law
The Integration Of Artificial Intelligence In The Intelligence Community: Necessary Steps To Scale Efforts And Speed Progress, Corin R. Stone
Joint PIJIP/TLS Research Paper Series
No abstract provided.
Access To Covid-19 Vaccines, Patent Rights, And The Trips Agreement,
2021
University of Maryland Francis King Carey School of Law
Access To Covid-19 Vaccines, Patent Rights, And The Trips Agreement, Emmanuel Oke
Maryland Journal of International Law
No abstract provided.
