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Determining the Location of Injury for New York’s Long Arm Statute in an Infringement Claim

By   /  January 9, 2014  /  Featured, Intellectual Property 

Scales of Justice

The Internet’s explosive growth has pressed the courts to address novel issues and revisit some well-settled ones. In particular, the Internet’s universal accessibility and revolutionary communication capabilities have necessitated the development of new mechanisms to determine jurisdiction. Additionally, doubt has been cast over the effectiveness of copyright and trademark protections, as the Internet has contributed to dramatic increases in infringement. As a result, courts seem intent on focusing on the Internet in personal jurisdiction and copyright infringement analyses, thereby shifting attention from important factors and leaving some issues unsettled.

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Bilski v. Kappos, Mayo v. Prometheus, and CLS Bank v. Alice Corp.: The Death of the Machine-or-Transformation Test and the Effects on Software Patent Prosecution

By   /  May 11, 2013  /  Intellectual Property, Online Exclusive, Patent Law 

Patent Stamp

The Machine-or-Transformation test served as the primary test used by the courts to determine whether patent claims were drawn to statutory subject matter under § 101 of the Patent Act, until the Supreme Court’s decisions in Bilski v. Kappos and Mayo v. Prometheus rendered the test useless.

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Mickey Mouse in the Year 2023: What Happens Now?

By   /  April 15, 2013  /  Copyright Law, Intellectual Property, Student Colloquium, Trademark Law 

Mickey Mouse

There comes a time in the life of an expression, which is both copyrighted and trademarked, when the copyright will expire but the trademark will still exist. Consider a person wanting to use that expression, which would now be available for public use, but using it in a way that may infringe on the trademark owner’s rights or may tarnish the trademark owner’s reputation.

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Buying a Digital Download? You May Not Own the Copy You Purchase

By   /  June 1, 2012  /  Copyright Law, Intellectual Property 

Download Button

Recent Ninth Circuit decisions in which the court examined the traditional notion that ownership of an authorized copy of a copyrighted work transfers when that copy is first publicly distributed by the copyright owner may have oppressive effects for consumers of digital downloads. Historically, upon this first distribution, also known as a first sale, the owner of the copy is able [...]

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Strict Interpretation of 35 U.S.C. § 112 Requires Universities to Examine Their Patenting Methods

By   /  June 1, 2012  /  Intellectual Property, Patent Law 

Patent Sign

The purpose of this paper is to explore recent interpretations of patent law doctrines by the courts and how these interpretations affect the scope and validity of patents covering fundamental university technologies. Many of these interpretations have the goal of increasing the quantity and quality of information disclosed in a patent, a significant issue for early stage technology.

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If It’s Not Ripped, Why Sew It? An Analysis of Why Enhanced Intellectual Property Protection for Fashion Design is in Poor Taste

By   /  June 1, 2012  /  Copyright Law, Intellectual Property, Trademark Law 

Fashion Design

This Comment focuses solely on “knock-offs,” which are low-cost imitations of original designs. Knock-offs do not violate any law currently in place in the United States. In fact, some stores make their living by providing inspired or low-cost imitations of an original design to the masses who wish to fit in and be “in style,” but who cannot afford the original creation.

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Imitation is the Sincerest Form of Flattery, But is it Infringement? The Law of Tribute Bands

By   /  June 1, 2012  /  Copyright Law, Intellectual Property, Trademark Law 

Tribute Band

This comment explores the current law governing tribute bands and the legal ramifications of these bands on the rights of the original artists, including potential copyright infringement, trademark infringement and right of publicity claims. The artists, to whom these bands pay tribute, are not appropriately compensated under the current licensing system and lack any control over their tribute band counterparts’ exploitation of their works and personae.

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“Good Artists Borrow, Great Artists Steal” – Apple v. Samsung and Trade Dress in the Smartphone Era

By   /  April 17, 2012  /  Intellectual Property, Student Colloquium, Trademark Law 

Smartphone

It would be impossible to apply any standard trade dress analysis broadly to a smartphone because a smartphone has two distinct elements to protect, the product design and the interface design.

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The Ethics of Genetic Patenting and the Subsequent Implications on the Future of Health Care

By   /  June 1, 2011  /  Intellectual Property, Patent Law 

Genetic Sequence

Over the past two decades, significant scientific and technological advancements have resulted in researchers and corporations procuring patent rights to human genomic material. However, patenting genetic sequences poses quite the controversial ethical dilemma for biotechnology scientists and patent holders.

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Trademark Protection of Color Alone: How and When Does a Color Develop Secondary Meaning and Why Color Marks Can Never Be Inherently Distinctive

By   /  June 1, 2011  /  Intellectual Property, Trademark Law 

Trademark

This Comment explores the current state of color trademark registration by examining federal statutes, court cases, and the federal trademark examining procedure. Part II discusses the history and background of federal trademark protection, the importance of the Lanham Act, and the major policy reasons for federal trademark protection.

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