Science and the Courts
As technology advances and new scientific discoveries are made, more courts are faced with issues of admissibility and reliability as challenges in administering their use. Judges and juries are faced…
Dance, Dance, Litigation: The Copyrightability of Dance
Everyone’s seen them. With the massive success of Epic Games’ Fortnite, the free-to-play battle royale video game, many of the in-game dances have gained mainstream notoriety among the younger generations.…
Strawberry Patent Wars Forever
To a casual grocery shopper, looking to find the perfect topping for her shortcake, ingredient for her smoothie or vehicle for her heavenly chocolate fondue, patents are probably the last…
Scandal, Disrepute, and the Future of First Amendment Challenges to the Lanham Act
On April 15, Malcolm L. Stewart, Assistant Solicitor General of the United States, in keeping with a centuries-old tradition, wore a morning coat to argue before the Supreme Court of…
JIPEL Vol. 8, No. 2 – Spring 2019
This spring, JIPEL is proud to present our readers with five cutting edge pieces. From ongoing litigation challenging our intellectual property laws, to cutting edge technology doing the same, our…
Immoral or Scandalous Marks: An Empirical Analysis
The Lanham Act sets forth which trademarks may be registered at the Patent and Trademark Office. It contains a number of limitations on registrability. Section 2(a) prohibits among other things…
Essay: What Remains of Fair Use for Software after Oracle v. Google?
Two recent decisions from the Federal Circuit in the long-running litigation between Oracle and Google have upended the scope of copyright protection afforded to software. In both decisions, the court…
I “Think,” Therefore I Create: Claiming Copyright in the Outputs of Algorithms
Artificial intelligence (AI) has often been viewed as either an ally or an adversary—a powerful analytical system to be harnessed or a source of risk to be managed. In copyright…
Speaking About Politics, A Fireable Offense? The Legality of Employee Speech Restrictions in the Entertainment Industry
Despite the commonly shared belief that Americans have an undeniable right to freedom of speech, private-sector employees receive no constitutional protection for employer regulations of or reactions to their speech…
Trademark Law in the Virtual Realism Landscape
The recent rise of virtual reality, augmented reality, and other related technologies has created vast amounts of virtual space. Within this space, novel forms of trademark infringement and expressive use…