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The Customer Is Always Right: Trademark Law And Generic Website Names In U.S. Patent And Trademark Office V. Booking.Com B.V., Marina F. Rothberg 2021 Boston College Law School

The Customer Is Always Right: Trademark Law And Generic Website Names In U.S. Patent And Trademark Office V. Booking.Com B.V., Marina F. Rothberg

Boston College Law Review

In 2020, in U.S. Patent and Trademark Office v. Booking.com B.V., the Supreme Court clarified that the owner of a website with a descriptive domain name could trademark the name, even if it were styled “generic.com,” as long as it had acquired secondary meaning to consumers. Justice Breyer, in his dissent, vigorously argued that this ruling would limit competition. He claimed that allowing Booking.com to trademark its brand name, which contains terms that competitors use to describe similar business activities, would essentially be giving it a monopoly. This Comment supports the majority’s decision, as ...


Administrative Law In The Automated State, Cary Coglianese 2021 University of Pennsylvania Law School

Administrative Law In The Automated State, Cary Coglianese

Faculty Scholarship at Penn Law

In the future, administrative agencies will rely increasingly on digital automation powered by machine learning algorithms. Can U.S. administrative law accommodate such a future? Not only might a highly automated state readily meet longstanding administrative law principles, but the responsible use of machine learning algorithms might perform even better than the status quo in terms of fulfilling administrative law’s core values of expert decision-making and democratic accountability. Algorithmic governance clearly promises more accurate, data-driven decisions. Moreover, due to their mathematical properties, algorithms might well prove to be more faithful agents of democratic institutions. Yet even if an automated ...


Regulations For Smart Mobility: Proceed With Caution, Connor Saenz 2021 Southern Methodist University, Dedman School of Law

Regulations For Smart Mobility: Proceed With Caution, Connor Saenz

Science and Technology Law Review

No abstract provided.


Agriculture & Blockchain: Identifying Liability And Guaranteeing Quality, Morgan Crider 2021 Southern Methodist University, Dedman School of Law

Agriculture & Blockchain: Identifying Liability And Guaranteeing Quality, Morgan Crider

Science and Technology Law Review

No abstract provided.


Gotta Catch ‘Em All! The Rise Of Esports And The Evolution Of Its Regulations, Elizabeth Chung 2021 Southern Methodist University, Dedman School of Law

Gotta Catch ‘Em All! The Rise Of Esports And The Evolution Of Its Regulations, Elizabeth Chung

Science and Technology Law Review

No abstract provided.


The Case For Dhs To Classify The Internet Of Things As Critical Infrastructure In The United States, Jessica G. Martz 2021 Southern Methodist University

The Case For Dhs To Classify The Internet Of Things As Critical Infrastructure In The United States, Jessica G. Martz

Science and Technology Law Review

No abstract provided.


Driverless Cars And Resource Allocation, Jeff Daniel Clark 2021 J. Daniel Clark Attorney at Law

Driverless Cars And Resource Allocation, Jeff Daniel Clark

Science and Technology Law Review

No abstract provided.


Front Matter, 2021 Southern Methodist University

Front Matter

Science and Technology Law Review

No abstract provided.


Sharing More Than You Thought: Facebook Cannot Assert The Party Exception To Avoid Liability Under The Wiretap Act, Emily A. Jordan 2021 Boston College Law School

Sharing More Than You Thought: Facebook Cannot Assert The Party Exception To Avoid Liability Under The Wiretap Act, Emily A. Jordan

Boston College Law Review

On April 9, 2020, the United States Court of Appeals for the Ninth Circuit, in Davis v. Facebook, Inc. (In re Facebook), held that unauthorized third parties receiving simultaneous, direct copies of a party’s communication do not fall within the scope of the Party Exception of the Wiretap Act, 18 U.S.C. § 2510–2523. In doing so, the Ninth Circuit, based its holding on the legislative history and purpose of the Wiretap Act and reasoned that the Party Exception requires a narrow construction. Further, it held that to interpret the exception as inclusive of actors like Facebook risks ...


Barnet As Tr. Of 2012 Saretta Barnet Revocable Tr. V. Ministry Of Culture & Sports Of The Hellenic Republic, 961 F.3d 193 (2d Cir. 2020), Meghan Jackson 2021 DePaul University College of Law

Barnet As Tr. Of 2012 Saretta Barnet Revocable Tr. V. Ministry Of Culture & Sports Of The Hellenic Republic, 961 F.3d 193 (2d Cir. 2020), Meghan Jackson

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Fighting To Protect Individual Privacy In A Rapidly Advancing Technological World, Farzana Ahmed 2021 DePaul University College of Law

Fighting To Protect Individual Privacy In A Rapidly Advancing Technological World, Farzana Ahmed

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


The Nflpo: The Nfl's Private Patent Office, Paul Fina 2021 DePaul University College of Law

The Nflpo: The Nfl's Private Patent Office, Paul Fina

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Ex Ante Intellectual Property Considerations For Small Businesses, Jason A. Sanders 2021 DePaul University College of Law

Ex Ante Intellectual Property Considerations For Small Businesses, Jason A. Sanders

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Revitalizing Language Through Education: Ireland's Use Of International Law To Drive Linguistic Preservation, Emma A. O'Connell 2021 DePaul University College of Law

Revitalizing Language Through Education: Ireland's Use Of International Law To Drive Linguistic Preservation, Emma A. O'Connell

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


The Data Privacy Landscape During Covid-19: An Exploration Of Some Of The Major Data Privacy Regulations And Trends, Gitanjali Deb 2021 DePaul University

The Data Privacy Landscape During Covid-19: An Exploration Of Some Of The Major Data Privacy Regulations And Trends, Gitanjali Deb

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Table Of Contents, Ashley Stoll 2021 University of Washington School of Law

Table Of Contents, Ashley Stoll

Washington Journal of Law, Technology & Arts

No abstract provided.


Digital Contract Tracing In The Workplace, Alexandra Kiosse 2021 Fordham University School of Law

Digital Contract Tracing In The Workplace, Alexandra Kiosse

Washington Journal of Law, Technology & Arts

The COVID-19 pandemic has affected the way businesses run and operate in the United States. With the dire need to keep employees safe, digital contact tracing has become the most efficient mechanism for controlling the spread of the virus within places of employment. However, information privacy laws come into tension with the use of employee health data by employers and third parties. This Article proposes a careful balance between contact tracing and maintaining employees’ privacy as they share health and proximity data with digital contact tracing applications in the workplace.


Open World Regulation: The Urgent Need For Federal Legislation On Video Game Loot Boxes, Alex Reyes 2021 University of Washington School of Law

Open World Regulation: The Urgent Need For Federal Legislation On Video Game Loot Boxes, Alex Reyes

Washington Journal of Law, Technology & Arts

Loot boxes are items in video games that contain randomized prizes that players can purchase with real-world money. In recent years, loot boxes have come under scrutiny because the relationship between behavior and the underlying mechanics of loot boxes are similar to that of addictive behaviors associated with real-world gambling. Many papers suggest solutions focused on industry changes without direct regulation. However, these papers neglect the enormous profit incentive to maintain a business practice which can have detrimental behavioral effects on children. The United States federal government must take example from a growing number of European countries and ban the ...


Dyroff V. Ultimate Software Group, Inc.: A Reminder Of The Broad Scope Of § 230 Immunity, Alex S. Rifkind 2021 Golden Gate University School of Law

Dyroff V. Ultimate Software Group, Inc.: A Reminder Of The Broad Scope Of § 230 Immunity, Alex S. Rifkind

Golden Gate University Law Review

Part I of this Note examines the factual and procedural history of Dyroff and discusses the Ninth Circuit’s application of § 230 immunity in the case. Part II outlines the history of the CDA and examines how the federal courts have interpreted § 230 immunity leading up to its application in Dyroff. Part III discusses judicial interpretation of the scope of § 230 immunity. Lastly, Part IV argues that the Ninth Circuit correctly applied the law in the Dyroff decision, but failed to adequately define the term content-neutral. Further, by not defining what falls within the scope of content-neutral, the Ninth Circuit ...


Data Autonomy, Cesare Fracassi, William Magnuson 2021 Texas A&M University School of Law

Data Autonomy, Cesare Fracassi, William Magnuson

Faculty Scholarship

In recent years, “data privacy” has vaulted to the forefront of public attention. Scholars, policymakers, and the media have, nearly in unison, decried the lack of data privacy in the modern world. In response, they have put forth various proposals to remedy the situation, from the imposition of fiduciary obligations on technology platforms to the creation of rights to be forgotten for individuals. All these proposals, however, share one essential assumption: we must raise greater protective barriers around data. As a scholar of corporate finance and a scholar of corporate law, respectively, we find this assumption problematic. Data, after all ...


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