Intellectual Property Law Commons^™

Key Players: How Ip Lawyers Drive Successful M&A Integration, Eddie Halwani

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

In the dynamic world of mergers and acquisitions (“M&A”), intellectual property (“IP”) lawyers have proven essential in navigating the web of IP rights and obligations throughout the transaction process. As companies increasingly look to acquire new strategic levers, the expertise of these specialized lawyers has become invaluable, helping to ensure the validity of intangible assets and mitigating potential risks involved.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on March 28, 2024. The original post can be accessed via the Archived Link button above.

The Wild, Wild West Of Laboratory Developed Tests, John Gilmore

Washington and Lee Law Review Online

Since the 1950’s, scientists have built novel technologies to screen for genetic diseases and other biological irregularities. Recently, researchers have developed a method called “liquid biopsy” (as opposed to a standard tissue biopsy) that uses a liquid sample (e.g., blood) to non‑invasively spot biomarkers indicating different types of cancers in the patient’s body. While the U.S. Food and Drug Administration (FDA) has fully cleared a small number of liquid biopsy tests under its rigorous and expensive review process, most biotech companies have instead followed a less restrictive regulatory path through the Centers for Medicare and Medicaid Services (CMS), which label …

U'Wa Indigenous People Vs. Columbia: Potential Applications Of The Escazu Agreement, Ariana Lippi

Sustainable Development Law & Policy

Though the case is ongoing, and results are still to be seen, it in many ways sets a precedent for indigenous communities in Latin America seeking redress for environmental and cultural injustices. With Colombia’s recent ratification of The Escazú Regional Agreement (the Agreement herein) in 2022, this case presents a unique opportunity for implementation of the Agreement and greater accountability within existing domestic legislation.

Natural Resources In The Arctic: The Equal Distribution Of Uneven Resrouces, Ganeswar Matcha, Sudarsanan Sivakumar

Sustainable Development Law & Policy

This paper analyses the governance machine in place at the Arctic and examines the application of the principles of “common heritage of mankind” at the Arctic. This paper also offers some tentative propositions aimed at protecting Out Bound investment rights and how the World Trade Organization or other countries, like the U.S., can intercede in the Arctic investment sphere and attempt to regulate along with the United Nations Convention for the Law of the Sea.

Incentivizing Sustainability In American Enterprise: Lessons From Finnish Model, Vasa T. Dunham

Sustainable Development Law & Policy

The disparate climate performances of Finland and the United States, two of the wealthiest countries in the world, bring to light the question of how corporate responsibility has been inspired in each jurisdiction. Having established the urgency of the climate crisis and the importance of corporate behavior in optimizing a given country’s approach to protection of the global environment, an examination of each nation’s legal frameworks may shed light on features of the corporate regime that are effective in advancing sustainability goals and those that are not.22 Part I of this paper establishes a comparative framework by providing background on …

Editor's Note, Shade Streeter, Reagan Ferris

Sustainable Development Law & Policy

The Sustainable Development Law & Policy Brief (ISSN 1552-3721) is a student-run initiative at American University Washington College of Law that is published twice each academic year. The Brief embraces an interdisciplinary focus to provide a broad view of current legal, political, and social developments. It was founded to provide a forum for those interested in promoting sustainable economic development, conservation, environmental justice, and biodiversity throughout the world.

Icolc Statement On Ai In Licensing, International Coalition Of Library Consortia

Copyright, Fair Use, Scholarly Communication, etc.

The International Coalition of Library Consortia (ICOLC) statement on artifical intelligence in licensing.

Trial By Trademark: Why The Trademark System Needs To Stand On Its Own Two Marks, Ben Siegel

Georgia Journal of Law & Technology

While IP-intensive industries continue to produce a significant portion of the American economy, trademarks consistently remain a substantial portion. Given trademarks’ increasingly pivotal role in the global economy, the complexities and nuances of trademark law demand a specialized approach. In examining the current trademark landscape, many scholars have underscored the paradox of its fractured nature, despite its fundamental role in the economy. Currently, trademark law suffers from a lack of uniformity across the various circuits in critical areas of the law itself, as well as vulnerabilities in forum shopping and confusion for businesses.

Rather than endorsing the conventional approach to …

The Unregulated Digital Playground: Why Kids Need Right Of Publicity Protections From Their Parents, Sophie Polo

Georgia Journal of Law & Technology

As social media continues to become more prevalent in society, profitability on social media platforms continues to increase. Parents have discovered ways to profit online by using their children in content to gather views, therefore taking advantage of their children's right of publicity. While some parents use this profit to raise their children, there is no guarantee that children benefit from their parent's use of their name, image, or likeness. Since social media is still a relatively new space, there are not many protections for the interests of children on social media compared to other areas such as child acting. …

"Cheer Is A Sport": The Ncaa, Title Ix Compliance, And Nil, Mary Kate Mclean

Georgia Journal of Law & Technology

Over fifty years have passed since the famous women’s rights Title IX legislation was enacted. Equal opportunity for women in education, and specifically in colligate athletics, has been an ongoing game since 1972 and while drastic improvements have been made, the playing field is still not even for female student-athletes. Many universities continue to struggle with Title IX Compliance and recent events and trends including the Covid-19 pandemic and the increasing female undergraduate population have dramatized the problems. In the wake of the Name, Image, and Likeness era, a solution to compliance is more important now than ever where a …

Leveling Up Fair Use: The Ultimate Cheat Code For Video Game Modders In The Wake Of Google V. Oracle, Parker G. Furman

Georgia Journal of Law & Technology

Video game modifications, or "mods," made by third parties or fans of a video game, have reached the limelight of mainstream video game popularity. The internet has become a space for mod makers to share their creations with any user, without the need for physical modifications to a game cartridge or circuit board. Instead, mod software allows a player to install mods with ease and is extremely accessible, yet under the law, the legal status of video game mods remains uncertain. Video game mods are seen as infringing the copyright of the original game. This Note examines the application of …

Marking The Metaverse: The Implication Of Nfts On Trademark Law, Hanna Esserman

Georgia Journal of Law & Technology

Within the last decade, internet users have witnessed the birth, rise, and mainstream popularity of the Non-Fungible Token, or “NFT.” Nearly ten years after the creation of the first NFT, there is now a wave of first impression litigation surfacing which questions the implications of NFTs on intellectual property law. This Note analyzes the intersection of Non-Fungible Tokens and trademark law in the United States.

Until recently, it has been unclear whether Non-Fungible Tokens are eligible to be protected under long-standing federal trademark laws. This includes allegations of NFTs infringing upon existing trademarks, as well as trademarked NFTs being infringed …

The "Wild West" Of State Nil Laws: Asking For Congress To Bail Out The Ncaa, Evan Crowder

Georgia Journal of Law & Technology

This Note explores the evolution of the amateur status in college athletics, particularly the absence of a consistent definition for “amateur collegiate athlete” by the NCAA over the years. The traditional demarcation between amateur and professional athletes blurred significantly, particularly with the exponential growth of college football revenues, leading to indistinguishable time commitments for both categories. The landmark case of NCAA v. Alston marked a pivotal moment as the Supreme Court ruled in favor of allowing college athletes to earn compensation for the use of their name, image, and likeness ("NIL"). This decision overturned decades of prohibiting such practices in …

Public Domain And Access To Knowledge, Faith O. Majekolagbe

Georgia Journal of Law & Technology

In a world where truth is behind paywalls and lies are free, the importance of a realm of works that are free from copyright protection becomes even more important for access to knowledge and information. This Article considers a thriving and accessible public domain a key mechanism for engendering access to knowledge and propelling human development globally. The copyright public domain as a realm of freely accessible and usable works and elements of works is under immense threat due to the constant extension of the term of copyright protection, disparities in the scope of the public domain globally, the absence …

Building A Text And Data Mining Limitation: The Brazilian Case, Luca Schirru, Allan Rocha De Souza, Claudia Chamas

Joint PIJIP/TLS Research Paper Series

In recent years, there has been a growing body of legal regulation of

TDM. Since 2018, Japan, the European Union, Singapore and others have

promoted changes to their copyright law and included specific limitations and

exceptions for TDM. These changes have been slow in the Global South and

the developing world, even though they are urgently needed there. This report

aims to present the Brazilian copyright legal framework and the policy

documents related to Intellectual Property, Artificial Intelligence and

innovation influencing political and public debate. This set of policies and

legislative texts provides the grounds for the discussion on the …

Copyright Law And Ai, Cardozo Intellectual Property Law Society (Ipls), Cardozo Art Law Society

2023–2024 Flyers

No abstract provided.

Research On Reform Of Security Review Mechanism Of Intellectual Property Transfer In China, Youdan Xiao, Shanshan Wang

Bulletin of Chinese Academy of Sciences (Chinese Version)

Intellectual property security is the main battlefield of national security, and strengthening intellectual property security review is an important measure to protect national security and improve intellectual property security protection in the field of intellectual property. In the new era, the security review mechanism of intellectual property rights transfer and its implementation are facing double pressures worldwide, which need to be further adjusted and improved. This study analyzes the institutional games and challenges brought about by the changes in the international situation of intellectual property rights transfer, clarifies the requirements of the current overall national security concept and the strategy …

Study, Chill, Stream Lofi, And Repeat: From A Passion Project To A Recent Target Of Large Corporate Music Publishers, Lauren Woods

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Ask yourself: what does the perfect workspace look and feel like? The answer varies from person to person. Some people prefer to work in crowded cafes, while others need complete silence. The concern became even more relevant during the height of the coronavirus pandemic, when many individuals were working remotely. As it does with many things, the internet came to our rescue and provided us with creative ways to yield efficiency. To spice up your WFH office arrangement, it provides different sources of background music that can help tune out distractions, regulate stress, increase productivity, and even improve sleep. YouTube, …

Is The Future Private? A Look Into Litigation Under Illinois’S “Bipa” Law, Paige Green

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

At Meta’s 2019 “F8” virtual development conference, Mark Zuckerberg stood in front of a presentation screen displaying the words, “the future is private.” Zuckerberg’s talking points centered on “build[ing] a more privacy-focused social media platform.” Increasing Meta’s focus on privacy, apparently, does not include ensuring compliance with Illinois’s Biometric Information Privacy Act (“BIPA”). While not exactly the first of its kind, a recent class action lawsuit against Meta alleges the company violated Illinois’s BIPA law by capturing, retaining, and profiting from the use of plaintiff’s “voiceprint” without disclosing or creating a meaningful retention policy for doing so.

This post was …

International Fans Crafting Fan Merchandise For U.S. Musicians: A Trademark Infringement Danger Zone, Gabriella Fernandez

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

In the early 2010s, the term “fandom” gained popularity among teenagers who were deeply devoted to their favorite musicians. The term “fandom” refers to communities of fans who come together through social media to express their shared admiration for a particular artist. When individuals unite to celebrate their mutual love for a musician, a genuine sense of connection and community is established. Through discussions about their shared passion for the artist, they often discover common interests and experiences that go beyond the music, fostering authentic friendships.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website …