The Advice-Of-Counsel Defense In Patent Infringement Cases: How Far Does Waiver Of Work Product Extend?,
2012
Pepperdine University
The Advice-Of-Counsel Defense In Patent Infringement Cases: How Far Does Waiver Of Work Product Extend?, Cecil C. Kuhne Iii
Pepperdine Law Review
No abstract provided.
To Patent Or Not To Patent, That Is The Question: Embryonic Stem Cell Patents Rejected In Europe,
2012
American University Washington College of Law
To Patent Or Not To Patent, That Is The Question: Embryonic Stem Cell Patents Rejected In Europe, Amer Raja
Intellectual Property Brief
No abstract provided.
Top 1% Files For Trademark Of “Occupy Wall Street”,
2012
American University Washington College of Law
Top 1% Files For Trademark Of “Occupy Wall Street”, Seth Dennis
Intellectual Property Brief
No abstract provided.
Remitting The Remittal Of Joel Tenenbaum’S Remittitur Motion,
2012
American University Washington College of Law
Remitting The Remittal Of Joel Tenenbaum’S Remittitur Motion, Jess Robinson
Intellectual Property Brief
No abstract provided.
Largest Copyright Infringement In History: Five Us Universities Sued For Copyright Infringement,
2012
American University Washington College of Law
Largest Copyright Infringement In History: Five Us Universities Sued For Copyright Infringement, Alexandra Mackey
Intellectual Property Brief
No abstract provided.
Informal Formalities: The Government’S Attempt To Find Families For Orphan Works,
2012
American University Washington College of Law
Informal Formalities: The Government’S Attempt To Find Families For Orphan Works, Mark Tratos
Intellectual Property Brief
No abstract provided.
The New Hawaiian Model: The Native Hawaiian Cultural Trademark Movement And The Quest For Intellectual Property Rights To Protect And Preserve Native Hawaiian Culture,
2012
American University Washington College of Law
The New Hawaiian Model: The Native Hawaiian Cultural Trademark Movement And The Quest For Intellectual Property Rights To Protect And Preserve Native Hawaiian Culture, Nina Mantilla
Intellectual Property Brief
No abstract provided.
Capturing Clouds: Intellectual Property Issues Within The Live Entertainment Production Process,
2012
American University Washington College of Law
Capturing Clouds: Intellectual Property Issues Within The Live Entertainment Production Process, Brian Knowlton
Intellectual Property Brief
No abstract provided.
The Russian Ipr Problem: How Accession To The Wto Is Not The Magical Solution, Rather A Step In The Right Direction,
2012
American University Washington College of Law
The Russian Ipr Problem: How Accession To The Wto Is Not The Magical Solution, Rather A Step In The Right Direction, Joshua M. Green
Intellectual Property Brief
No abstract provided.
How Close Is “Too Close”,
2012
Pace Law School
How Close Is “Too Close”, Lana Ciaramella
Pace Intellectual Property, Sports & Entertainment Law Forum
Lana Ciaramella writes an article on trade dress infringement. Her article discusses the standards of trade dress infringement, how they are applicable to private label products and how the courts have modified their view of trade dress infringement over time. She focuses on the landmark decision in McNeil Nutritionals, LLC v. Heartland Sweetners, which set a new precedent for treatment of trade dress infringement by private label manufacturers of brand name products.
The Creative Commons: A Supplement To Copyright In Today’S Technological Culture,
2012
Pace Law School
The Creative Commons: A Supplement To Copyright In Today’S Technological Culture, Frank Polcino
Pace Intellectual Property, Sports & Entertainment Law Forum
In his article “The Creative Commons: A Supplement to Copyright in Today’s Technological Culture”, Frank Polcino discusses the relatively new licensing approach for copyrightable works, which originated from a 501(c)(3) tax-exempt charitable corporation called Creative Commons.
War Of The Dolls: Did The Ninth Circuit Fail To Apply The “Intended Audience Test” In Holding Substantial Similarity Should Be Determined From The Perspective Of The “Ordinary Observer” And Not A “Child” In Mattel, Inc. V. Mga Entertainment, Inc.?, Emily Flasz
Pace Intellectual Property, Sports & Entertainment Law Forum
Emily Flasz writes an article on the application of the substantial similarity test in copyright infringement cases. Her article addresses whether the second prong of the substantial similarity test, the “intrinsic test,” should include the “intended audience test” when the works in issue are intended for children. She examines this question within the context of the Ninth Circuit’s decision in Mattel, Inc. v. MGA Entertainment, Inc. and provides an in depth look at how the Second, Third, Fourth, Sixth, and Ninth Federal Circuit Courts have applied the “intended audience test” when the works in dispute are intended for specialized audiences, …
For The Love Of The Name: Professional Athletes Seek Trademark Protection,
2012
Pace Law School
For The Love Of The Name: Professional Athletes Seek Trademark Protection, Brett Harris Pavony, Jaia Thomas
Pace Intellectual Property, Sports & Entertainment Law Forum
Brett Pavony & Jaia Thomas wrote an article that explores the burgeoning relationship between professional sports and trademark law. After providing an overview of the various requirements outlined by the United States Patent and Trademark Office (USPTO), the article transitions into exploring the emerging trend of sports figures seeking federal trademark protection. Brett & Jaia blend their expertise and research to present an article that focuses on an analytical examination of professional athletes seeking trademark protection. The article also offers a glimpse into the future of intellectual property law as it pertains to professional athletes. As more and more athletes …
American Needle’S Progeny? Tennis And Antitrust,
2012
Florida State University
American Needle’S Progeny? Tennis And Antitrust, Ryan M. Rodenberg, Daniel Hauptman
Pace Intellectual Property, Sports & Entertainment Law Forum
Decided in the shadow of the U.S. Supreme Court’s May 2010 decision in American Needle v. NFL, Ryan M. Rodenberg and Daniel Hauptman analyze Deutscher Tennis Bund v. ATP World Tour (hereinafter DTB v. ATP) and aim to explain its implications for individual sports (e.g. tennis and golf) and sport governance generally. Treatment is afforded to both the District Court’s jury verdict and the Third Circuit’s appellate decision in DTB v. ATP. Despite being the first federal appellate sports antitrust decision rendered following American Needle, this article concludes that DTB v. ATP should not be considered an …
Social Media In Sports: Can Professional Sports League Commissioners Punish 'Twackle Dummies'?,
2012
Riehl Sports Management LLC
Social Media In Sports: Can Professional Sports League Commissioners Punish 'Twackle Dummies'?, Daniel J. Friedman
Pace Intellectual Property, Sports & Entertainment Law Forum
Daniel J. Friedman writes an article discussing the rise and popularity in social media use by professional athletes. He then discusses some of the new problems that have arisen due to social media misuse and the power of the Commissioner to restrict and punish the players for misuse. The article culminates with a case study hypothetical related to content based social media misuse and whether the Commissioners of professional sports league can punish a player for the content of their social media messages.
Combating Online Trademark And Copyright Infringement: Ice And Doj Domain Name Seizures New Tools In The Government’S Efforts To Combat Online Ip Infringement,
2012
Pace University
Combating Online Trademark And Copyright Infringement: Ice And Doj Domain Name Seizures New Tools In The Government’S Efforts To Combat Online Ip Infringement, Tanya Dunbar
Pace Intellectual Property, Sports & Entertainment Law Forum
The ICE seizures and proposed legislations to codify ICE-style seizures have led many to question the legitimacy of ICE’s seizures and decry the bills as censorship. Tanya Dunbar’s article explores the reasons for the government’s actions, the seizure mechanism the government employs, and the controversy surrounding domain name seizures. Where possible, the Ms. Dunbar offers solutions to some of the controversial issues that may arise.
Digestion And Re-Innovation: A Lesson Learned From China´S High-Speed Rail Technology-Transfer Agreements,
2012
American University Washington College of Law
Digestion And Re-Innovation: A Lesson Learned From China´S High-Speed Rail Technology-Transfer Agreements, Joe Massie
Intellectual Property Brief
No abstract provided.
Best Buy Vs. Newegg: Who Owns “Geek”?,
2012
American University Washington College of Law
Best Buy Vs. Newegg: Who Owns “Geek”?, Seth Dennis
Intellectual Property Brief
No abstract provided.
Dc Comics Sues Gotham Garage Over Replica Batmobiles,
2012
American University Washington College of Law
Dc Comics Sues Gotham Garage Over Replica Batmobiles, Jeff Kettle
Intellectual Property Brief
No abstract provided.
Taking A Bite Out Of The Apple: “Appstore” Trademark Infringement Update,
2012
American University Washington College of Law
Taking A Bite Out Of The Apple: “Appstore” Trademark Infringement Update, Amer Raja
Intellectual Property Brief
No abstract provided.
