Intellectual Property Law Commons^™

Volume 2, Issue 1 , Au Intellectual Property Brief

Intellectual Property Brief

No abstract provided.

Logorama: The Great Trademark Heist, Rose Lawrence

Intellectual Property Brief

No abstract provided.

The Communications Decency Act And New York Times V. Sullivan: Providing Public Figure Defamation A Home On The Internet, 43 J. Marshall L. Rev. 491 (2010), Chris Williams

UIC Law Review

No abstract provided.

From The Mouths Of Babes: Protecting Child Authors From Themselves, Julie Cromer Young

West Virginia Law Review

No abstract provided.

Opportunistic Evolution: How State Legislation Is Seeking To Redefine Academic Freedom To Permit Intelligent Design In The Classroom, Crystal Canterbury

West Virginia Law Review

No abstract provided.

Understanding And Regulating The Sport Of Mixed Martial Arts, Brendan S. Maher

UC Law SF Communications and Entertainment Journal

The past fifteen years have seen the emergence of a new sport in America and around the world: mixed martial arts ("MMA'). MMA is an interdisciplinary combat sport where participants engage in and combine a variety of fighting disciplines (e.g., kickboxing, wrestling, karate, jiu-jitsu, and so on) in a single match. In this Article, Professor Maher examines and analyzes the sport's evolution, tracing it from its shaggy, brutish beginnings to its current incarnation; articulates a pragmatic and comparative theory of sporting legitimacy; reviews and describes the state-based and administrative nature of MMA regulation; and highlights two reform possibilities of interest …

Cutting Cupid Out Of The Workplace: The Capacity Of Employees' Constitutional Privacy Rights To Constrain Employers' Attempts To Limit Off-Duty Intimate Associations, Anna C. Camp

UC Law SF Communications and Entertainment Journal

Romantic relationships among co-workers: should employers have the right to suppress such activity? Employers often view the widespread practice of dating among co-workers as highly problematic. In light of increased sexual harassment suits, many employers attempt to limit or eliminate intimate relationships among employees through the institution of "no-fraternization" policies. The strictest of these policies allow for legal termination of employees that violate the policy's terms, and can include total prohibition of intimate relationships among co-workers. Employees argue that such bans, which also affect employees' off-duty intimate association, should be held unconstitutionally invasive of employees' privacy rights or invalid on …

Technology And Copyright Law - Illuminating The Nfl's Blackout Rule In Game Broadcasting, Sonali Chitre

UC Law SF Communications and Entertainment Journal

Copyright is critical to protecting sports broadcasts, and new technology has evolved to disseminate these broadcasts to the many people that enjoy professional sports. Because of new digital rights in the copyright statute, the NFL has very strong copyright protections that cover Internet, satellite, television, and radio licensing of its broadcasts. A "blackout" blocks certain programs from being broadcast in a particular market. Attempting to incentivize fans to come to football games, the NFL "blacks out" games that are not sold out within seventytwo hours of game time within a seventy-five-mile radius of the stadium. The "blackout rule" has been …

Free Speech Or Trademark Protections: Do Advocacy Groups And Government Agencies Deserve Extra Protection, Max Landaw

UC Law SF Communications and Entertainment Journal

Since October 2009, the American judicial system has been posed with yet another lawsuit in the oft recurring battle between trademark protections and right to freedom of expression, specifically the right to parody. The Yes Men, a parody troop, in a stunt which confused numerous news outlets, held a press conference as "members" of the United States Chamber of Commerce. The Chamber responded by suing the Yes Men for, amongst other causes of action, trademark infringement pursuant to the Lanham Act. This note will first analyze the history of the debate between the conflicting right of free expression and consumer …

Will Twitter Be Following You In The Courtroom: Why Reporters Should Be Allowed To Broadcast During Courtroom Proceedings, Adriana C. Cervantes

UC Law SF Communications and Entertainment Journal

Thanks to micro-blogging and social networking tools, we no longer have to pick up a phone to call our friends and ask them what they are doing. Instead we turn to our laptop, BlackBerry, or iPhone to get instant information available to us through the Internet. Twitter is a key player in the Internet information exchange line-up and has made its way into one of the oldest and most archaic forums: the courtroom. The current law does not properly address whether reporters should be allowed to tweet, but this trend is becoming more prevalent. Twitter needs to be addressed with …

Expanding The Scope Of The Principles Of The Law Of Software Contracts To Include Digital Content, Nancy Kim

Faculty Scholarship

The Principles of the Law of Software Contracts, or the "Principles," seek to "unify and clarify" the law of software transactions. The drafters, however, excluded "digital content" from the scope of their project. This Essay explains why the scope of the Principles should encompass digital content. The exclusion of digital content creates two different but related problems. The first problem is that it creates what I refer to as "classification confusion." Given the complexity and speed of technological innovation, the task of distinguishing digital content from software may be difficult for courts. The second problem is that it fails to …

Transborder Licensing: A New Frontier For Job Creation, Andrea L. Johnson

Faculty Scholarship

This Article explores why entrepreneurs should consider transborder licensing as a way to increase markets and create jobs. While transborder licensing can involve both goods and services, this Article focuses on exporting nondefense, non-security-related services and intellectual capital, and it explores how the U.S. government can facilitate the development of an industry of support professionals to help U.S. companies navigate through the regulatory complexities.

Part II of this Article will discuss exports generally and explain the life cycle of a typical patent. Part III will show how current population and foreign business ownership trends necessitate studying how trade is conducted …

Special 301 And Access To Medicine In The Obama Administration, Sean Flynn

Scholarly Articles in Law Reviews & Journals

I. Introduction

This article examines the history and current use of the Special 301 program to restrict access to generic medicines in developing countries, specifically the 2009 and 2010 reports released under the Obama Administration. The news for access to medicines advocates is not good overall. Both reports continue the previous Administration’s policies of using Special 301 to promote Trade-Related Aspects of Intellectual Property Rights (“TRIPS”) policies (“TRIPS-plus”) endangering access to medicines for millions of people worldwide. These policies violate not only the Obama Administration’s pledges to promote access to affordable medications in developing countries, but also U.S. commitments under …

We Can Work It Out: Co-Op Compulsory Licensing As The Way Forward In Improving Access To Anti-Retroviral Drugs, Horace E. Anderson

Elisabeth Haub School of Law Faculty Publications

This Article explores the social and developmental underpinnings of the access problem and describes the legal framework that provides the backdrop for the Waiver's licensing scheme. Part III examines the various lenses, humanitarian, economic, and political, through which the underutilization problem may be viewed and explained. Part IV sets out the structural heart of the Waiver scheme's deficiencies: the notion of the “compulsory” license itself. Part V posits a co-op scheme of licensing that aligns the concerns, goals, and incentives of IP owners, importers, exporters, and consumers. Finally, the Article relates the proposed scheme to more general trends in thinking …

Online Auction Sites And Inconsistencies: A Case Study Of France, China, And The United States, Won Hee Elaine Lee

Intellectual Property Brief

No abstract provided.

Volume 1, Issue 1 , Au Intellectual Property Brief

Intellectual Property Brief

No abstract provided.

Virtual Confusion: How The Lanham Act Can Protect Athletes From The Unauthorized Use Of Their Likenesses In Sports Video Games, Lindsay Coleman

Intellectual Property Brief

No abstract provided.

Settling For Less? An Analysis Of The Possibility Of Positive Legal Precedent On The Internet If The Google Book Search Litigation Had Not Reached A Settlement, Brooke Ericson

Intellectual Property Brief

No abstract provided.

South Africa's Movie Piracy Challenges, Matilda Bilstein

Intellectual Property Brief

No abstract provided.

Regulation Of Medicine Patents By The Anti-Counterfeiting Trade Agreement To Broaden Access To Medicine, Daniel Lee

Intellectual Property Brief

No abstract provided.