Intellectual Property Law Commons^™

Overloading The 1% “Circuit Breaker”: The Indiana Tax Court Constitutionally Expands Curtilage, Andrew W. Swain

Texas A&M Journal of Property Law

In its 2024 decision, Sawlani v. Lake County Assessor, the Indiana Tax Court reviewed the constitutionality of the Indiana General Assembly’s statutory limit of the constitutionally prescribed 1% tax cap to only one acre of land—curtilage—surrounding the taxpayer’s principal place of residence. The Tax Court held the legislature’s limitation unconstitutional, finding no verbiage in the relevant constitutional provision that justified limiting the tax cap to just one acre. This Article critically examines the Court’s decision in Sawlani, arguing that the ruling represents a significant departure from established judicial principles and legislative intent, undermining the legislature’s authority and introducing …

Why Jack Daniel's Can't Stop #Westelmcaleb, And What Now?, Irina D. Manta, Kavita D. Balchand

William & Mary Bill of Rights Journal

This Article proceeds in four Parts. Part I provides a basic overview of trademark law and brand protection. It explains the key components of the Lanham Act, the central federal legislation in this area—including the two federal causes of action, trademark infringement and trademark dilution—and explores the law’s role in brand protection. Next, Part II discusses the area of social media and brand promotion. It begins with examining the rise of social media and the emergence of hashtags, in addition to trademarks used within hashtags and the registration of hashtags by the United States Patent Trademark Office (USPTO) as well …

Fame, Fakes, And The First Amendment: A Three-State Analysis Of The Right Of Publicity In Addressing Deepfakes, Alexandra Reilly

William & Mary Bill of Rights Journal

Part I of this Note will set the scene of current concerns with deepfakes by those in media and pending changes in the right of publicity landscape. Part II discusses the standing of the right of publicity in three states. Parts III and IV address the current balancing tests for the First Amendment and intellectual property statutes. Part V examines the pathway for expansion of the right of publicity federally to combat the threat posed by deepfakes and Part VI analyzes the interplay with intellectual property doctrines and the First Amendment.

This abstract has been taken from the author's introduction.

Real Concerns For An Artificial Threat: Artists, Ai, And The Battle To Script Hollywood’S Future, Evan Sommer

Nevada Law Journal

No abstract provided.

Wipo Negotiations On Intellectual Property, Genetic Resources And Associated Traditional Knowledge, Peter K. Yu

Akron Law Review

This article examines the ongoing negotiations at the World Intellectual Property Organization (WIPO) regarding the protection of genetic resources, traditional knowledge (TK), and traditional cultural expressions (TCEs). It provides a comprehensive overview of the historical background, key provisions, challenges, and reflections on the diplomatic efforts leading to the establishment of the WIPO Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge (GRATK Treaty). It explores issues surrounding disclosure obligations, including the lack of a clear definition for "confidential information" and the debate over sanctions and remedies. The article examines the challenges and implications of key provisions in the Basic …

Do Androids Dream Of Economic Incentives?, Timothy Murphy

Akron Law Review

Current discussions on artificial intelligence inventorship or authorship are focused in the patent and copyright spaces. These discussions largely ignore the trade secrets space outside the context of other’s ownership of AI-related technology. This is likely due to the disconnect between creatorship and ownership that exists in trade secrets law, but that is not present in patent and copyright law. In particular, there is no requirement of human creatorship in trade secrets law, but patents and copyrights might require a human creator. This article explores the possibility of AI ownership of AI-generated information under current trade secrets law for modern …

Governing Generative Ai, Daryl Lim

Akron Law Review

This Article paper explores the evolving landscape of copyright law in the age of generative artificial intelligence, dissecting the multifaceted challenges and opportunities it presents for creators, legal practitioners, and policymakers. Part I, “Governing Authorship,” delves into the existential questions AI poses to traditional notions of creativity and authorship, illustrating the tension between innovation and the preservation of human creators’ rights within existing legal frameworks. Part II, “Governing Infringement,” examines the intricate issues of copyright infringement in the digital era, especially the unauthorized use of copyrighted content by AI for training purposes and the exploration of private ordering mechanisms as …

Brief Of Law Scholars As Amicus Curiae In Support Of Appellees And Affirmance, Charles Duan

Amicus Briefs & Court Filings

Amici are law professors and scholars who focus their scholarship and teaching on intellectual property law, property law, regulatory law, and health law. They write to address the plaintiff, Novartis Pharmaceuticals Corporation (Novartis), contention that the Medicare drug price negotiation program effectuates a taking of personal property in violation of the Fifth Amendment. Amici submit this brief to provide the Court with the historical and legal background necessary to understand two issues: first, the constitutionality of government price negotiations and price regulations; second, the federal government’s use of patents. The amici explain how Courts have historically ruled on these questions, …

Ethical Considerations Of Commercial Utilization Of Consumer Health Data To Build Valuable Intellectual Property, Jen Neal

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Ensuring Free, Immediate, And Equitable Access To Federally Funded Research (August 25, 2022)

Copyright, Fair Use, Scholarly Communication, etc.

Ensuring Free, Immediate, and Equitable Access to Federally Funded Research (August 25, 2022)

The "Principles Of Equity" In Dewberry, Andres Sawicki

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Plight Of The American Innovator, David R. Soucy

Chicago-Kent Journal of Intellectual Property

The American innovator is at risk. Our U.S. patent system unfortunately favors the speculators over the innovators. In the fight against questionable patent suits brought by non-practicing entities (i.e., patent trolls), those disagreements have become a one-sided affair in favor of the investor. This unjust circumstance arises due to the immunity patent trolls have from the innovator’s patents. A frustrating predicament for an innovator who has often made substantial investments in protecting his or her technology that go for naught in a dispute with an entity who does not put products into the stream of commerce. Now § 285 of …

Guardians Of Cyberspace: Censorship, Ai-Generated Child Imagery & The Role Of Online Platforms, Derick A. Kalt

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Reviewing The Reviewers: Loper Bright's Impact On Judicial Review Of Patent Trial And Appeal Board Ipr Practice, Jason A. Engel, George C. Summerfield, Devon C. Beane

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Warner Chappel Music, Inc. V. Nealy And The Copyright Act's Statute Of Limitations, Tyler T. Ochoa

Chicago-Kent Journal of Intellectual Property

The U.S. Copyright Act’s statute of limitations is unremarkable. Nonetheless, disputes concerning the interpretation and application of this statute have sufficiently vexed the courts that it has been the subject of two Supreme Court decisions in the past decade. Most recently, Warner Chappell Music, Inc. v. Nealy resolved a circuit split that lasted only a few years. Despite this resolution, and the seeming unanimity of the lower courts in adopting the discovery rule of accrual, closer examination reveals that the lower courts are applying the discovery rule in two very different ways, depending on the nature of the dispute between …

Organic Websites: Certification Of Ai-Generated Or Human-Written Content On The Internet, Andrew W. Torrance, Bill Tomlinson

Chicago-Kent Journal of Intellectual Property

This paper proposes the development of a certification system analogous to the standards used in organic food labeling, designed to distinguish websites based on the proportion of human-written versus AI-generated content. In an era where AI plays an increasingly prominent role in content creation, this system would provide transparency for consumers and uphold fair competition in digital markets. The certification would allow website creators to present verifiable evidence of their content’s provenance, ranging from entirely human-made, to a mix of human and AI contributions, to fully AI-generated content. Additionally, this paper explores the legal and policy frameworks necessary for implementing …

How To Stop Employees From Stealing Your Trade Secrets: Shifting The Focus To Prevention And Mitigation, Spencer Rabe

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

World Wide Whac-A-Mole: The Inadequacies Of The Dmca To Protect Copyright Holders Online And Why Artificial Intelligence Is The Solution, Nathania Davis-Fox

Texas A&M Journal of Property Law

Congress created the Digital Millennium Copyright Act (DMCA) at the dawn of the internet age 25 years ago. It addressed the needs and concerns of Online Service Providers (OSPs) in the nascent cyber landscape, but the DMCA must now be reformed to meet the needs of Web 2.0. The DMCA’s refusal to condition §512(c) safe harbor protection on OSPs’ platform monitoring is no longer practical. This now produces results contrary to the Copyright Act’s purpose of encouraging the creation and dissemination of new works. Copyright owners are fighting a losing battle against infringing OSP users and the DMCA’s notice-and-takedown procedures …

The Impact Of Artificial Intelligence On Lending: A New Form Of Redlining?, Sadie Cavazos

Texas A&M Journal of Property Law

The issue of biased lending is longstanding and has faced much legislation over the past few decades. When issues of discrimination in the housing market became center stage in the 1960s, Congress passed multiple acts to combat what became known as “redlining,” or systematically denying credit to minority groups of people. Acts such as the Fair Housing Act and the Equal Credit Opportunity Act worked to eliminate this discrimination, but that does not mean bias does not still exist. However, lending companies, due to the efforts of the above-enumerated acts, can no longer act on these biases. But with the …

A Constructive Trust Is Not Enough - Enacting A Slayer Statute To Better Protect A Decedent’S Heirs, Joseph William Padjune Iii

Texas A&M Journal of Property Law

This Comment explores how Texas’s common law constructive trust solution used to address the “slayer problem” (the problem that occurs when a person kills an individual they would inherit from) has some substantial limitations and explains how this system would be enhanced by enacting a complementary slayer statute. The current constructive trust doctrine fails to adequately protect a victim’s heirs, is too variable in its application, and creates too much uncertainty. By adopting the slayer statute proposed in this Comment, or one similar, the Texas Legislature can better protect a victim’s estate and their heirs. The overall aim of this …