A Critical Look at “Use” under the Lanham Act
The concept of “use” in trademark law is fundamental. However, many activities undertaken by a mark owner in connection with the trademark are not relevant uses for the purposes of…
Restoring Order in European Patent Law: A Proposal for the Reintroduction of the Substantive Patent Provisions of the Unitary Patent Package into EU Law
Europe is on the verge of instituting a uniform patent regime that will change the landscape of patent litigation in twenty-five member countries. The unitary patent package will include a…
Summer Job Opportunity: IP Fellowship with the New York Bar Foundation
The New York Bar Foundation is accepting student applications for The Miriam Maccoby Netter Fellowship for Summer 2015. One $5000 grant will be awarded to enable a current law student, or JD in…
Stairway to Litigation: Laches in the Post-Petrella Era
For rock and roll fans, the opening notes to “Stairway to Heaven” are iconic. The band has amassed a huge fan base, and the song is arguably one of the…
JIPEL Fall 2014 Edition
The NYU Journal of Intellectual Property and Entertainment Law is proud to present Volume 4 Issue 1 of the Journal. While individual PDFs of articles may be found accompanying their…
Remixing Transformative Use: A Three-Part Proposal for Reform
Recently the Second Circuit held, in Cariou v. Prince, that Prince’s unlicensed appropriation of Patrick Cariou’s photographs, with what many consider to be only minor modifications, was fair use rather…
Application of a Mechanism of Proportional Rewards towards Global Innovation
For a rule to have an optimally positive impact on society, it must be a valid regulation (a rule that comes to be enforceable); just (with an axiological goal); effective…
Amicus Brief of the Electronic Frontier Foundation and the ACLU of Virginia in Radiance Foundation, Inc. v. NAACP
Courts have recognized that speech utilizing the names of organizations, celebrities, and trademarked products, to comment on them is constitutionally protected, even when there is a risk of brief confusion…
Media Law and Copyright Implications of Automated Journalism
Computer-generated journalism is just one type of information that will be disseminated with increasing frequency as similar technologies are adapted to various ends. The popularity of algorithmic reporting will require…
Association for Molecular Pathology v. Myriad Genetics, Inc. and Its Impact on the Patentability of “Designer” Genes
With the rapid advances in biotechnology and the widespread availability and popularity of assisted reproductive technologies, biologists may soon have the ability to manipulate human gametes and embryos in order…