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...
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...
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...
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...
