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Barring Immoral Speech in Patent and Copyright

Mar 1, 2021 | Article, Feature, First Amendment, Intellectual Property, Ned Snow

By Ned Snow Abstract In the past three years, the Supreme Court has twice ruled that Congress’s moral bars to trademark protection violate the First Amendment. Those rulings raise a simple question in other areas of intellectual property. Does the First Amendment...

Distinctly Claiming an Invention

Sep 1, 2020 | Article, Intellectual Property, Karen E. Sandrik, Patent Law

By Karen E. Sandrik Abstract Patent law has a problem. Its foundation rests on the principle that a patent will clearly define its boundaries through its claims—the metes and bounds—yet the very standard for defining the boundaries is unclear. In 2014, the Supreme...

Jefferson’s Taper

Jun 1, 2020 | Article, Intellectual Property, Jeremy N. Sheff, Legal History

By Jeremy N. Sheff Abstract This Article reports a new discovery concerning the intellectual genealogy of one of American intellectual property law’s most important texts. The text is Thomas Jefferson’s often-cited letter to Isaac McPherson regarding the absence of a...

Good Faith Concurrent Trademark Use: How the Ninth Circuit Took a Step in the Right Direction for Broad Protection in a Digital Time

Jun 1, 2019 | Case Note, Dominic Riella, Intellectual Property

By Dominic Riella Abstract Common law concurrent trademark use is based on the judicially created Tea Rose–Rectanus doctrine. Although the Lanham Act has codified much of trademark law, courts today still apply some old common law concepts, including the Tea...

Monitoring Behavior: Universities, Nonprofits, Patents, and Litigation

Jun 1, 2018 | Article, Intellectual Property, Michael S. Mireles, Teo Firpo

By Teo Firpo and Michael S. Mireles Abstract This paper examines the confluence of two important issues concerning patent law. The two issues are the merits of the debate concerning the supposed “patent troll” crisis and the increased patenting and licensing of...

Copyright Ownership—Even Iron Man Couldn’t Protect the Work for Hire Doctrine from Third-Party Infringers

Mar 1, 2017 | Case Note, Elizabeth Vinson, Intellectual Property

By Elizabeth Vinson Abstract While copyright ownership “vests initially in the author or authors of the work,” the Copyright Act carved out an exception for “works made for hire.” The Copyright Act of 1909 created an “almost irrebuttable presumption that any person...

Intellectual Property Law

Dec 1, 2013 | Article, Author, David L. McCombs, Hamilton C. Simpson, Intellectual Property, Phillip B. Philbin

By David L. McCombs, Phillip B. Philbin, and Hamilton C. Simpson Abstract This article surveys significant developments in intellectual property (IP) law during the past year. While we focus on precedential case law in the Fifth Circuit, we also review IP law...

Private Rights for the Public Good

Dec 1, 2013 | Article, Author, Intellectual Property, J. Janewa OseiTutu

By J. Janewa OseiTutu Abstract “IP delivers safe products to our homes by allowing consumers to identify respected and safe brands.”‘ Ruling ensures access: Generic Version Upheld in India, in a Blow to Big Companies.” The counterfeit medicines...

The History of Intellectual Property Taxation: Promoting Innovation and Other Intellectual Property Goals

Sep 1, 2011 | Article, Intellectual Property, Jeffrey A. Maine, Xuan-Thao Nguyen

By Xuan-Thao Nguyen and Jeffrey A. Maine Abstract Intellectual property law serves a variety of societal goals, including fostering innovation and promoting economic and cultural development. While vital, however, intellectual property law alone cannot optimally...

Patents, Genetically Modified Foods, and IP Overreaching

Sep 1, 2011 | Article, Elizabeth A. Rowe, Intellectual Property

By Elizabeth A. Rowe Abstract Genetically engineered plants and animals have become a large part of the food we consume. The United States is the world’s largest producer of genetically modified foods, making American consumers the most exposed population to...
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  • Barring Immoral Speech in Patent and Copyright
  • Using Extrinsic Evidence to Excuse a Liability Insurer’s Duty to Defend
  • Taxing Employers for Imposing Mandatory Arbitration, Class Action Waiver, and Nondisclosure of Dispute Provisions

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