Gideon: Looking Backward, Looking Forward, Looking In The Mirror,
2013
Seattle University School of Law
Gideon: Looking Backward, Looking Forward, Looking In The Mirror, Steven Zeidman
Seattle Journal for Social Justice
No abstract provided.
Legal Financial Obligations: Fulfilling The Promise Of Gideon By Reducing The Burden,
2013
Seattle University School of Law
Legal Financial Obligations: Fulfilling The Promise Of Gideon By Reducing The Burden, Travis Stearns
Seattle Journal for Social Justice
No abstract provided.
Does The Right To Counsel On Appeal End As You Exit The Court Of Appeals?,
2013
Seattle University School of Law
Does The Right To Counsel On Appeal End As You Exit The Court Of Appeals?, Nancy P. Collins
Seattle Journal for Social Justice
No abstract provided.
Improving Access To Justice: Plain Language Family Law Court Forms In Washington State,
2013
Seattle University School of Law
Improving Access To Justice: Plain Language Family Law Court Forms In Washington State, Charles R. Dyer, Joan E. Fairbanks, M. Lynn Greiner, Kirsten Barron, Janet L. Skreen, Josefina Cerrillo-Ramirez, Andrew Lee, Bill Hinsee
Seattle Journal for Social Justice
No abstract provided.
Congress' Encroachment On The President's Power In Indian Law And Its Effect On Executive-Order Reservations,
2013
Seattle University School of Law
Congress' Encroachment On The President's Power In Indian Law And Its Effect On Executive-Order Reservations, Mark R. Carter Jd, Phd
Seattle Journal for Social Justice
No abstract provided.
Confusion Isn't Everything,
2013
Notre Dame Law School
Confusion Isn't Everything, Mark P. Mckenna, William Mcgeveran
Journal Articles
The typical shorthand justification for trademark rights centers on avoiding consumer confusion. But in truth, this encapsulation mistakes a method for a purpose: confusion merely serves as an indicator of the underlying problems that trademark law seeks to prevent. Other areas of law accept confusion or mistake of all kinds, intervening only when those errors lead to more serious harms. Likewise, every theory of trademark rights considers confusion troubling solely because it threatens more fundamental values such as fair competition or informative communication. In other words, when it comes to the deep purposes of trademark law, confusion isn’t everything. Yet …
Tracing Forward And The Law: Navigating Privacy And Access Rules,
2013
Western University
Tracing Forward And The Law: Navigating Privacy And Access Rules, Margaret Ann Wilkinson
Law Presentations
No abstract provided.
The Accidental Agency?,
2013
University of Houston Law Center
The Accidental Agency?, Sapna Kumar
Florida Law Review
This Article presents a new model for examining the role of the Court of Appeals for the Federal Circuit (Federal Circuit) with regard to patent law, positing that the Federal Circuit behaves like an agency and serves as the de facto administrator of the Patent Act. The Federal Circuit has traditionally engaged in a form of substantive rulemaking by issuing mandatory bright-line rules that bind the public. In reviewing patent agency appeals, the Federal Circuit acts more like an agency than a court by minimizing agency deference through the manipulation of standards of review and administrative law doctrines. This position …
Doma's Ghost And Copyright Reversionary Interests,
2013
Northwestern Pritzker School of Law
Doma's Ghost And Copyright Reversionary Interests, Brad A. Greenberg
NULR Online
No abstract provided.
Intellectual Property Perspectives: Fall 2013,
2013
George Washington University
Intellectual Property Perspectives: Fall 2013, Ip Law Program
Intellectual Property Perspectives
No abstract provided.
Pretending Without A License: Intellectual Property And Gender Implications In Online Games,
2013
Georgia Institute of Technology (Student)
Pretending Without A License: Intellectual Property And Gender Implications In Online Games, Casey Fiesler
Buffalo Intellectual Property Law Journal
No abstract provided.
Geolocation And Targeted Advertising: Making The Case For Heightened Protections To Address Growing Privacy Concerns,
2013
University at Buffalo School of Law
Geolocation And Targeted Advertising: Making The Case For Heightened Protections To Address Growing Privacy Concerns, Ryan Mura
Buffalo Intellectual Property Law Journal
No abstract provided.
Coordinating Extensive Trademark Rights And Competition Policy,
2013
Freshfields Bruckhaus Deringer LLP
Coordinating Extensive Trademark Rights And Competition Policy, Kexin Li
Buffalo Intellectual Property Law Journal
A trademark can be not only a word or logo, but also a color, sound, three-dimensional object, and many other nontraditional items. Corporations are increasingly seeking nontraditional trademark protection instead of or in addition to traditional patents and/or copyrights. They are also enforcing both traditional and nontraditional marks more aggressively and in ways that may lead to significant foreclosure effects. This working paper argues that these trends may raise serious competition policy concerns that should play an important role in the evolution of trademark law. For instance, trademark registration and enforcement should be subject to the same antitrust constraints as …
The Confusion Trap: Rethinking Parody In Trademark Law,
2013
University of Washington School of Law
The Confusion Trap: Rethinking Parody In Trademark Law, David A. Simon
Washington Law Review
This Article suggests using existing doctrinal levers in trademark law to accommodate parodies in a more balanced fashion. To reach this conclusion, this Article examines the parody doctrine in U.S. trademark law using two lenses. The first lens is trademark doctrine itself. Here I explore the various approaches courts use to resolve trademark disputes involving parody. The other lens is copyright law. Through this lens I examine how courts deciding trademark parody disputes employ the Supreme Court’s most recent decision on parody in copyright, Campbell v. Acuff-Rose Music, Inc. (1994). I also use this decision to examine the relationship …
Reverse Payments, Perverse Incentives,
2013
Florida State University College of Law
Reverse Payments, Perverse Incentives, Murat C. Mungan
Scholarly Publications
No abstract provided.
Overlapping Intellectual Property Doctrines: Election Of Rights Versus Selection Of Remedies,
2013
William & Mary Law School
Overlapping Intellectual Property Doctrines: Election Of Rights Versus Selection Of Remedies, Laura A. Heymann
Faculty Publications
Overlaps exist across various doctrines in federal intellectual property law. Software can be protected under both copyright law and patent law; logos can be protected under both copyright law and trademark law. Design patents provide a particular opportunity to consider the issue of overlap, as an industrial design that qualifies for design patent protection might also, in particular circumstances, qualify for copyright protection as well as function as protectable trade dress.
When an overlap issue arises—that is, when an intellectual property rights holder asserts rights under more than one doctrine—the question then becomes how courts should respond. One response, of …
Intellectual Property Defenses,
2013
Brooklyn Law School
Intellectual Property Defenses, Alex Stein, Gideon Parchomovsky
Faculty Scholarship
No abstract provided.
A New Approach To Digital Reader Privacy; State Regulations And Their Protection Of Digital Book Data,
2013
Indiana University - Bloomington
A New Approach To Digital Reader Privacy; State Regulations And Their Protection Of Digital Book Data, Andrew A. Proia
Indiana Law Journal
No abstract provided.
Rethinking Redigi: How A Characteristics-Based Test Advances The "Digital First Sale" Doctrine Debate,
2013
Benjamin N. Cardozo School of Law
Rethinking Redigi: How A Characteristics-Based Test Advances The "Digital First Sale" Doctrine Debate, Gregory Capobianco
Cardozo Law Review
No abstract provided.
Shaking Out The "Shakedowns": Pre-Discovery Dismissal Of Copyright Infringement Cases After Comparison Of The Works At Issue,
2013
University of Washington School of Law
Shaking Out The "Shakedowns": Pre-Discovery Dismissal Of Copyright Infringement Cases After Comparison Of The Works At Issue, Evan Brown
Washington Journal of Law, Technology & Arts
In an era of copyright trolling, digital distribution, and widespread reappropriation of creative works, the specter of “shakedown” copyright infringement litigation looms larger than ever before. Some plaintiffs will hold the prospect of expensive and time-consuming discovery over alleged infringers to provoke settlement. In the wake of the Supreme Court’s decisions in Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, courts are more likely to consider the costs and time requirements of discovery when considering a defendant’s 12(b)(6) motion to dismiss. Several courts have recently indicated a willingness to grant motions to dismiss in copyright infringement cases when …
