Intellectual Property Law Commons^™

Defining "Use In Commerce": The Supreme Court's Evolving Extraterritorial Application Of The Lanham Act, Hannah Lief

American University Business Law Review

On June 29, 2023, the Supreme Court redefined the scope of the extraterritorial impact of the Trademark Act of 1946, also known as the Lanham Act (the “Act”). Overturning the ruling by the Tenth Circuit, the Court narrowed the focus of the Act to solely domestic uses in commerce. While the Court acknowledged that it had interpreted the statute in a manner that granted Congress expansive power over foreign conduct, it stated that the broad language of the Lanham Act does not indicate international application. By instituting newfound principles on congressional authority under the Lanham Act, U.S. trademark registrants can …

Edward S. Rogers, The Lanham Act, And The Common Law, Jessica Litman

Book Chapters

This book chapter is a deep dive into the story of Edward Sidney Rogers's authorship of the legislation that became the Lanham Act. Because Rogers believed that Congress lacked the power to alter the substantive law of trademark and unfair competition, he crafted draft legislation that focused on registration and other procedural details rather than substantive rights and defenses. He sought to advance two incompatible goals: he hoped to preserve the robust common law of unfair competition while requiring, or at least encouraging, all trademark owners to register their marks. Both the supporters and the opponents of the bills that …

A Comprehensive Study Of Patent Litigation In The Pharmaceutical Sector: Employing Network Theories, Graph Neural Networks, Agent Based Modeling, Bayesian Network Autocorrelation Models, Sreehas Gopinathan

Information Systems & Operations Management Dissertations - Archive

Understanding the dynamics and predictors of patent litigation is crucial in intellectual property management, especially given the competitive edge patents offer companies. Also, patents serve as both legal tools and repositories of innovation. This research delves into the complex world of patent litigation within the pharmaceutical industry, focusing on creating and applying advanced computational models to study litigation propensities. Techniques such as Graph Neural Networks (GNN), Agent-Based Modeling (ABM), and Bayesian Analysis of Network Autocorrelation Models (BANAM) are employed to explore the litigation phenomenon

Business Proposal Of Online Copyright Protection Platform For Digital Assets, Zehui Feng

MA Projects

Copyright protection is crucial for digital art assets as they are easily replicable and distributable in the digital realm. Without proper protection, artists and creators face the risk of unauthorized use, infringement, and loss of control over their work. Copyright protection ensures that artists receive recognition for their creations, have the ability to monetize their work, and maintain control over its usage. The proposed copyright protection platform aims to provide a comprehensive solution for safeguarding digital art assets. Drawing inspiration from successful platforms like Digimarc, Getty Images, and Copyscape, our platform will incorporate advanced technologies such as digital watermarking, extensive …

Prosecutions Under The Economic Espionage Act Of 1996 To Protect United States Companies From The Chinese Government's Theft Of Trade Secrets, Tanya A. Manchack-Elders

Marquette Intellectual Property & Innovation Law Review

No abstract provided.

Taylor V. Hunton Andrews Kurth, Llp: Patents - Legal Malpractice, Nate Kelly

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Locke-Ing Down Nonsense Trademarks: Applying The Property Theory Of John Locke To The Issue Of Nonsense Trademarks, Jake H. Howell

Catholic University Journal of Law and Technology

In 2019, the United States Patent and Trademark Office received almost half a million trademark applications. This was the tenth year in a row in which the number of applications received broke the record from the previous year. Since 2015 there has been a marked increase in the number of applications for trademarks that are unusual. These applications are for trademarks that consist of an apparently random string of letters unpronounceable in English and with no meaning in another language. These unusual trademarks have come to be known as nonsense trademarks. Nonsense trademarks are a growing problem in intellectual property. …

The Future Of Art And Copyright In The World Of Ai, Danna Subia Espinoza

Catholic University Journal of Law and Technology

This paper focuses on the interpretive framework embodied in copyright law and its application to art-producing technologies, how this framework has been applied to new technologies in the past, and the issues surrounding the adaption of these old frameworks to the modern concern of AI-created art. The paper also considers how the application of copyright law to modern AI issues reflects the law’s capability, or inability, to evolve and address novel situations, specifically in relation to AI-based technology. Further, it examines what, if any, steps should be taken to promote courts maintaining a firm grip on copyright protections. The issues …

Table Of Contents, Editor In Chief

Catholic University Journal of Law and Technology

No abstract provided.

Vol. 33 Masthead, Editor In Chief

Catholic University Journal of Law and Technology

No abstract provided.

Satellites Crash, Laws Clash: A Legal Framework For The Imminent Space Debris Catastrophe, Michael Conklin

Catholic University Journal of Law and Technology

No abstract provided.

Inteligencia Artificial (Ia) En La Pràctica De Patentes: Una Revoluciòn Que Empodera, No Reemplaza (Book), Roberto Rosas, Juan Vasquez, Dianisa Erica Sosa, Francisco Javier Hernandez-Rodriguez, Daniel Kovach

Faculty Articles

Este libro titulado ofrece un análisis exhaustivo sobre el papel en constante evolución de la lA dentro del derecho de patentes. A diferencia de un texto legal tradicional, esta obra profundiza en los significativos impactos que la IA tendrá en los Aujos de trabajo y en las practices de las y los abogados de patentes.

La cuestión central es si la IA acabará sustituyendo a los abogados de patentes o será una potente tecnología complementaria. Este estudio sostiene que la IA está preparada para convertirse en una herramienta indispensable que aumente y mejore las capacidades del abogado de patentes en …

The Jack Daniel’S Dialogues, Michael Grynberg

Fordham Intellectual Property, Media and Entertainment Law Journal

Jack Daniel’s Properties, Inc. v. VIP Products LLC threatened to upend the balance between trademark rights and expressive freedom. While not going as far as it might have, the opinion limits the ability of defendants to resist trademark claims that target artistic or noncommercial speech.

As important as this result is, we should not overlook a fundamental preliminary question. How could a dog chew toy that mocks Jack Daniel’s whiskey be the basis of a viable trademark infringement claim? Answering that question requires discussing deep issues within modern trademark law.

These antecedent questions were not directly before the Court, but …

Photographic Memory: Expanding “News Deserts” Threaten To Erase The Visual Record Of Contemporary American History, Frank D. Lomonte, Lila Greenberg

Fordham Intellectual Property, Media and Entertainment Law Journal

As local newspapers close their doors across America, one of the unheralded casualties of their demise may be the loss of the institutional memory of their communities. Photo morgues maintained by newsroom librarians are an invaluable reference for researchers and filmmakers seeking to trace the visual history of localities. While some forward-thinking news organizations have donated their archival photos for preservation, there appears to be no industrywide plan for doing so, meaning that countless thousands of unpublished—but historically valuable—photos are at risk of destruction as cost-cutting newspapers eliminate their libraries, sell off their buildings, or go out of business entirely. …

Ai Voice Enters The Copyright Regime: Proposal Of A Three-Part Framework, Prachi Patel

Fordham Intellectual Property, Media and Entertainment Law Journal

We are told that our voice is one of the most powerful tools we have. However, is it just as powerful if it can be replicated? Artificial intelligence has developed to the point where it can create an exact clone of a person’s voice. While there have been many advancements in this field, there are few laws that address artificial intelligence and its use. Artificial intelligence has been used to create artificial voices of well-known figures, both deceased and alive, some without their consent. This creates a need to balance the incentivization of technological development and the protection of an …

Privacy Purgatory: Why The United States Needs A Comprehensive Federal Data Privacy Law, Emily Stackhouse Taetzsch

Journal of Legislation

No abstract provided.

Good Intentions Gone Wrong: The Copyright Act’S Safe Harbor Provision And The Requirements Of Actual Knowledge, Dolapo Igori

UIC Review of Intellectual Property Law

No abstract provided.

The Inadequacy Of Current Digital Asset Statutes And Why A Large Subset Of Digital Assets Are Not Securities, Hamdee Khader

UIC Review of Intellectual Property Law

No abstract provided.

Biogen Int’L V. Banner Life Scis. Llc: Exploring The Other Possibility That Could Have Resulted, Priyal Patel

UIC Review of Intellectual Property Law

No abstract provided.

Refounding Copyright In The Right To Dialogue. Consequences For Chatgpt And Other Artificial Intelligence Services, Juan Carlos Riofrio

UIC Review of Intellectual Property Law

No abstract provided.