Intellectual Property Law Commons^™

Trademarks And M&A: Acquiring Brands In Blockbuster Deals, Cardozo Fame Center, Heyman Center On Corporate Governance, Intellectual Property Law Society, Business Law Society

2025–2026 Flyers

Join us for a dynamic conversation on how top attorney safeguard and structure the value of iconic fashion brands in major M&A transactions. The panel will explore trademark due diligence, deal strategy, and how brand identity shapes negotiations in the luxury market.

Fair Use In The Age Of Generative Ai: Navigating Copyright Challenges In Educational Contexts, Wendy Wallberg

Faculty and Staff Publications & Presentations

Generative AI tools are everywhere, but what’s actually allowed when it comes to copyright and teaching? This session breaks down what fair use means in the age of AI, covers current legal cases, and offers practical tools to help educators and institutions use AI responsibly and confidently.

Learning By Doing: The Importance Of Thoughtful And Limited Generative A.I. Use In The Il Legal Writing Classroom, Luke Repici

Faculty Publications

Technological advances that impact lawyers day-to-day work are nothing new. From typewriters, dictaphones, and computers to electronic legal research, email, and e-discovery, new technologies have changed the nuts and bolts of how lawyers practice for decades. Previous technologies may have replaced the pen with the typewriter and supplanted the letter for the email, but the lawyer remained the one doing the work. For more junior lawyers, this meant assigned tasks – reading cases, drafting motions, dictating client updates, summarizing discovery, and creating deposition outlines – could not be outsourced to technology.

The emergence of generative artificial intelligence (“Gen AI”) presents …

Control As A Constitutional Threshold: Moody V. Netchoice And The Case For Human Authorship, Giselle Goad

Northwestern University Law Review

The Supreme Court’s 2024 decision in Moody v. NetChoice, LLC left a critical question unanswered: when do algorithmic outputs on social media platforms, such as recommended posts and videos, constitute the platform’s protected speech under the First Amendment? This Note contends that courts and litigants should borrow from the First Amendment’s speech-promoting partner, copyright law, and its authorship framework when answering that question. Copyright doctrine has already begun to grapple with how much human control is required over expressive outputs generated with the aid of technology, including AI, in order for an author to receive copyright protection over those outputs. …

Torts And Pesticide Drift: Amending Right-To-Farm Acts In The Wake Of Widespread Dicamba Drift By Nicholas Brown** And Matt Roessing*

Journal of Legal Studies in Business

When crops die in a field prior to harvest, a farmer loses a portion of his salary for that year. When the cause of the crop loss is natural, farmers can usually seek compensation through crop insurance and government commodity support programs. When the crops were lost as a result of pesticide drift, these forms of compensation are not usually available to farmers.1 In order to make up for their losses, farmers can seek damages through judicial redress. For many decades, various state and federal laws have combined to complicate and at times prevent farmers adversely affected by pesticide drift …

Cover Page & Table Of Contents - Volume 23

Journal of Legal Studies in Business

JLSB vol. 23 Title Page & Table of Contents

Incorporating Tax Law Into Legal And Regulatory Environment Of Business Courses

Journal of Legal Studies in Business

No abstract provided.

Too Much, Too Little, Or Just Right? Beyond The Perception (Or Reality) Of Law School Rigor In Teaching Undergraduate Copyright Law

Journal of Legal Studies in Business

No abstract provided.

Mapping Intellectual Property Abuses In The Pharmaceutical Field, S. Sean Tu, Ana Santos Rutschman

Faculty Publications

This Viewpoint details intellectual property abuses in the pharmaceutical industry involving patents, trademarks, copyrights, and trade secrets.

Cardozo’S Sports Law Society And Antitrust Society Host House Settlement Lecture And Panel, Bradley Rosen

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Panelists for the event: Professor Marc Edelman, Bob Boland (Partner, Shumaker LLP), Michael Hsu (Co-founder, College Basketball Players Association), Adam Dale (Partner, Winston & Strawn LLP), Neha Vyas (Associate, Winston & Strawn LLP), Paul McDonald (Managing Partner, PL McDonald Law LLC), and Chris Brolley (Associate, Troutman Pepper Locke LLP).

On Wednesday, November 12, 2025, Cardozo’s Sports Law Society and Antitrust Society hosted a lecture and panel discussion regarding the implications of the House v. NCAA lawsuit and settlement. This included the potential for future antitrust liability as a result of the settlement, Title IX implications, the employment status of college …

Finding Law When There Is None: An Analysis Of Litigation Concerning Non–Fungible Tokens (Nfts), Shelby T. Roberts, O. Hayden Griffin, Iii

University of Miami Business Law Review

The development of new technologies tends to give rise to the same quandary: how can these technologies flourish while also protecting citizens from any collateral consequences? How much latitude and freedom should innovators be given in pursuing these technologies is often debated. Non–fungible tokens (NFTs) are one of several products that utilize blockchain technology. NFTs have been hailed by some as the future of commerce while others have derided NFTs as a scam–ridden fad. With virtually no legislation or regulations specifically designed to govern NFTs, a content analysis of litigation involving NFTs was conducted as an effort to help determine …

Sweat And Subjectivity Copyright Impulses, Danny Friedmann

Fordham Intellectual Property, Media and Entertainment Law Journal

Generative artificial intelligence (gAI) is generating vast vol- umes of content, including visual art with minimal human effort that competes directly with visual artists and threatens to dilute human culture in the process. In response, courts and copyright offices are quietly reintroducing two doctrines long considered incompatible with modern copyright: sweat of the brow, which rewards labor over originality, and aesthetic discrimination, which risks conditioning protection on perceived merit.

This article is the first to demonstrate how legal authorities are reintroducing these discredited doctrines under the guise of regulating AI-assisted outputs, thereby eroding the set of copyright doctrines accepted by …

Where Did All The Genericide Cases Go? And Should They Be Gone For Good?, Daniela Camacho

Fordham Intellectual Property, Media and Entertainment Law Journal

Trademarks are all around us. It would be difficult to go an entire day without encountering a trademark—In fact, three-fourths of the words we use in our day-to-day conversations have been claimed as trademarks by various companies for various products. Often, we don’t even recognize all the marks we come across as trademarks. Words such as “aspirin,” “escalator,” and “trampoline” were all once trademarks. Over time, these words began to signify the product more than the producer; Because the marks could no longer identify the product’s source as trademarks are supposed to, the marks suffered “genericide” and were cancelled.

In …

Is The Game Rigged? Why Sports Betting Is Becoming A Legal Time Bomb, Lawrence Kirzhner

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

The International Olympic Committee defines “competition manipulation” as “when the result of a tournament or competition is partially or completely decided in advance and the match is played to ensure the pre-determined outcome.” Considering the Olympics hosts 43 sports, this definition can probably be applied to many, if not all, sports around the globe. While it is against the rules of sportsmanship as well as against the law, athletes “who bet on their sport might be tempted to fully or partially manipulate their competition in order to receive financial gain.” The sports world has experienced many scandals of manipulated competition …

Data Property & Digital Sales, Christina Mulligan

Loyola of Los Angeles Law Review

Copyright law fails utterly to develop a coherent concept of "digital sales." Printed books and vinyl records are easily sold and resold, with the copyright holder’s permission or under the first sale doctrine. But a creator of digital copyrighted works who wants to analogously “sell” their work to buyers faces what borders on an absurdity; “digital sales” of copyrighted works are incoherent at worst and useless at best. As a result, sophisticated copyright owners almost never sell their works and only license purchasers to make particular uses of digital works, such as “personal uses” or reproducing the work on a …

Copyright And Ai, Cardozo Intellectual Property Law Society (Ipls), Cardozo Fame Center, Cece Cole, Hon. Saliann Scarpulla

2025–2026 Flyers

No abstract provided.

On Non-Conventional Marks And Chatgpt Evidence: A Case Comment On Christian Louboutin Sas V The Shoe Boutique (2023), Rahul Hemrajani

Indian Journal of Law and Technology

No abstract provided.

That Old College Try: Judge-Made Monopolies In The Market For Affinity Goods, John A. Rothchild

Texas A&M Law Review

There is a large market for goods such as t-shirts, coffee mugs, posters, and baseball caps that are emblazoned with the names and symbols of culturally prominent institutions—universities, athletic teams, musical bands, automobile brands. We buy, wear, and display those goods to express our affinity with the referenced institution. The owners of the trade symbols that adorn these items, which this Article refers to as “affinity goods,” jealously guard what they claim is their sole right, under the trademark laws, to authorize the use of their symbols as decoration. They have brought numerous lawsuits aimed at establishing and enforcing this …

Trade Secrecy’S Information Paradox, Christopher Buccafusco, Jonathan S. Masur, Deepa Varadarajan

Notre Dame Law Review

Trade secret law is meant to encourage socially beneficial behaviors by permitting firms to protect their investments in the creation of valuable information. In theory, the ability to protect valuable information will make firms more likely to create that information in the first instance. But the law can also be used to shield socially harmful behaviors from public oversight. Firms can assert trade secret protection to prevent journalists, watchdogs, and criminal defendants from learning whether they are engaged in dangerous, wrongful, or biased activity. Ideally, trade secret law should sort socially beneficial uses from socially harmful ones, permitting only the …

Intellectual Property Futures: Exploring The Global Landscape Of Ip Law And Policy, Graham Reynolds, Alexandra Mogyoros, Teshager W. Dagne

All Faculty Publications

The past few decades have been witness to a number of important developments with respect to the global intellectual property (IP) system, including shifts in focus between multilateralism and bilateralism/regionalism; growing recognition of the various ways in which IP intersects with and impacts areas including human rights, development, trade, and social justice; broad acknowledgement of the economic value of many IP rights; and important theoretical interventions that have challenged the values underlying the global IP system.

These developments have occurred alongside several other events, changes, and crises that have altered the landscape of our global communities. Chief among them are …