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...
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...
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...
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...
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...
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...
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...
Sep 1, 2011 | Chester S. Chuang, Intellectual Property
By Chester S. Chuang Abstract The Declaratory Judgment Act is a statute designed to give parties uncertain of their legal rights the ability to obtain a fair and impartial determination of those rights. Any action for declaratory relief must meet certain minimum...
Sep 1, 2011 | Article, Intellectual Property, Llewellyn Joseph Gibbons
By Llewellyn Joseph Gibbons Abstract This Article speculates on one possible, albeit controversial, answer to the problem of economic development in developing countries: whether so-called intellectual property piracy by residents of developing countries is an...
Sep 1, 2011 | Article, Intellectual Property, Peter Yu
By Peter K. Yu Abstract The Anti-Counterfeiting Trade Agreement (ACTA) is a once-secret plurilateral agreement negotiated by Japan, the United States, the European Union, Switzerland, and other like-minded countries in an effort to strengthen the global protection and...
