Post-Sale Confusion
Traditionally, the main purposes of trademark law are consequentialist by nature. They are to reduce consumer search costs and to create incentives for producers to invest in product quality. If…
Oracle v. Google and the Brain Teaser of API Copyright Protection
Since the beginning of the digital revolution, copyright law has had to adapt to the advent of new technologies and their impact on the world of creation. Software protection, mainly,…
1970s Musicians v. UMG & Sony: A Second Chance or Works For Hire?
On February 5, 2019, UMG Recordings (UMG) and Sony Music Entertainment (Sony) were sued by a group of musicians in a class action separately in Southern District of New York…
JIPEL Vol. 8, No. 1 – Fall 2018
Legal journals are sometimes criticized as disconnected from the real world or labeled sounding chambers for academics. Like many of our favorite publications, our fall issue stands in stark contrast…
Why the Innovative Design Protection Act Is a Good Thing
Although U.S. intellectual property laws cover a wide range of industries, they have lagged behind in the world of fashion design. U.S. laws are much less protective of fashion designs…
The Impending Arrival of Newly Proposed Patent Subject Matter Eligibility Guidelines: An Opportunity for Clarity?
On April 11, 2018, the Director of the United States Patent and Trademark Office (USPTO), Andrei Iancu, delivered remarks at the United States Chamber of Commerce Patent Policy Conference, stating…
DRM and Blockchain: A Solution to Protect Copyrights in the Digital World?
In the artistic world, the development of the Internet, while creating a tremendous way for artists to spread their work worldwide and gain in notoriety, created an environment very much…
Who is a “Film by?” The Writers Guild vs The Directors Guild
The Preamble: The WGA on Possessive Credits The Writers Guild of America’s 2017 Theatrical and Television Minimum Basic Agreement (MBA) begins with a preamble focusing on an oddly specific topic:…
Trademark Infringement Merit Badge for Boy Scouts? Girl Scouts Claim Boy Scouts Aren’t Playing Fair.
On November 6, the Girl Scouts of the United States of America (“GSUSA”) filed a lawsuit against the Boy Scouts of America (“BSA”) alleging, most notably, that BSA’s use of…
Davis v. Electronic Arts, Inc.
On August 17, 2018, the United States District Court for the Northern District of California denied class action certification for the retired National Football League (NFL) players suing Electronic Arts…