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JIPEL Vol. 7- No. 2

JIPEL Vol. 7, No. 2 – Spring 2017

May 17, 2018 By Staff Editor in JIPEL Vol. 7- No. 2

The NYU Journal of Intellectual Property and Entertainment Law is proud to present Volume 7 Issue 2 of the Journal. While PDFs of the individual articles may be found accompanying their respective posts, you may view and download a PDF of the complete issue here

A Judicial ‘Supplement’ to Advertising Law: The Fourth Circuit’s GNC Decision and Policy Implications for the Dietary Supplement Industry

May 13, 2018 By Gia Wakil in JIPEL Vol. 7- No. 2 Tags: Advertising

By Gia Wakil* Download a PDF version of this article here

Introduction
I. The Legal Landscape of the Supplement Industry 
A. Sources of Truth-in-Advertising Law 
B. The FTC-FDA Regulatory Regime
1.FTC Regulation of Supplement Advertising 
2. FDA Regulation of Supplement Labeling 
C. The Lanham Act 
1.Two Modes of False Advertising 
i. Literal Falsity 
ii. Literal Falsity by Necessary Implication 
2. Misleading Advertising 
D. State Consumer Protection Statutes 
II. The GNC Case and the Glucosamine-Chondroitin Problem 
A. Factual Background
B. The Complaint
C. Decision Granting Motion to Dismiss
D. Plaintiffs’ Appeal
III. Legal and Policy Considerations
A. Law Professors’ Amicus Brief, with Rebuttal
1.Inaccurate Legal Standards 
2.Misstatement of Precedent 
3.The Nature of Scientific Evidence 
4.Jury Instructions 
B. Additional Merits of the Fourth Circuit’s Decision
1.FTC, FDA, and Fourth Circuit Parity 
2.Fair Competition and Consumer Choice 
3.Res Judicata Effects 
Conclusion

Think Big! The Need for Patent Rights in the Era of Big Data and Machine Learning

May 13, 2018 By Hyunjong Ryan Jin in JIPEL Vol. 7- No. 2 Tags: Copyright, Patent, Trade Secret

By: Hyunjong Ryan Jin* Download a PDF version of this article here

Introduction
I. Need for Intellectual Property Rights in Machine Learning
A. Do We Need Intellectual Property Rights for Machine Learning?
B. The Basics of Patent Law
C. The Thin Protection on Software Under Copyright Law
D. Comparing Trade Secret and Non-disclosures with Patents
II. Placing Machine Learning within Intellectual Property Law
A. Machine Learning Basics
B. Industry Trends in Machine Learning
C. Machine Learning Innovators – Protect the Data or Inventions?
1. Protecting the Training Data – Secrecy Works Best
2. Protecting the Inventions – Patent Rights Prevails
3. Protecting the Machine Learning Models and Results – Secrecy Again
D. Need of Patent Rights for Machine Learning Inventions in the Era of Big Data
III. Patentability of Machine Learning Innovations in the Era of Big Data
A. Alice: The Legal Framework of Patentable Subject Matter in Software
B. The post-Alice cases from the Federal Circuit
1. The Federal Circuit’s Standard for Alice Step One
2. The Federal Circuit’s Standard for Alice Step Two, and the Overlap with Step One
C. Applying Patentable Subject Matter to Machine Learning Inventions
Conclusion

The ‘Enhanced No Economic Sense’ Test: Experimenting with Predatory Innovation

May 13, 2018 By Thibault Schrepel in JIPEL Vol. 7- No. 2

By Dr. Thibault Schrepel* Download a PDF version of this article here

Introduction
I. The Improved Version of the “No Economic Sense” Test 
A. How to Determine Which Test to Apply 
1. Regarding the Goals of Antitrust Law
2. In Terms of its Efficiency 
B. On Why the “No Economic Sense” Test is Suitable 
1. Its Main Characteristics
2. Inoperative Criticisms
C. How to Improve the “No Economic Sense” Test 
D. Modeling of the Proposed Test 
II. Application to Major Predatory Innovation Cases 
A. Berkey Photo v. Eastman Kodak (1979) 
B. Microsoft (2001) 
C. Microsoft (2004) 
D. iPod iTunes (2014) 
Conclusion

The Hybrid Trademark and Free Speech Right Forged From Matal v. Tam

May 13, 2018 By Timothy Hsieh in JIPEL Vol. 7- No. 2 Tags: Free Speech, Trademark

By Timothy T. Hsieh* Download a PDF version of this article here

Introduction
I. The Matal v. Tam U.S. Supreme Court Case
A. The Rejection by the USPTO and the TTAB Appeal
B. The Federal Circuit In re Tam Case
C. The Supreme Court’s Majority Opinion in Matal v. Tam
1. Government Speech/Subsidy/Program Analysis
i. Trademarks are Not Government Speech
ii. Trademarks are Not Government Subsidies
iii. Trademarks are Not Government Programs
2. Commercial Speech Analysis
D. Justice Kennedy’s Concurring Opinion
II. Predictions on the Aftermath of Matal v. Tam
A. Low Probability of Highly Offensive Mark Filings
B. The Washington Redskins Mark
C. Free Speech Interests Outweigh Offensive Mark Filings
III. Comparisons to Patent Law & Copyright Law
Conclusion

JIPEL Vol. 8, No. 1 – Fall 2018 February 4, 2019
Is the Copyright Act Inconsistent with the Law of Employee Invention Assignment Contracts? January 24, 2019
Analyzing Aalmuhammed v. Lee in the Context of Entertainment Industry Employment January 24, 2019
“Prime Health” and the Regulation of Hybrid Healthcare *
January 24, 2019
Using the Economic Espionage Act to Protect Trade Secrets in Baseball January 24, 2019

Topics

Advertising (1)
Antitrust (1)
Art (4)
Contracts (3)
Copyright (32)
Criminal Law (1)
Department of Labor (1)
Entertainment (2)
Environment (1)
Fair Use (3)
Fashion (6)
Film / TV (6)
FRAND (1)
Free Speech (3)
Healthcare (2)
Industrial Design (1)
International Law (7)
Internet (10)
Internet of Things (1)
Misappropriation (1)
Music (7)
Open Source (1)
Patent (29)
Patent Litigation (2)
Photography (1)
Privacy (3)
Software (2)
Sports (4)
Technology (3)
Trade Dress (2)
Trade Secret (5)
Trademark (7)
Unfair Competition (1)

JIPEL Vol. 8, No. 1 – Fall 2018
Is the Copyright Act Inconsistent with the Law of Employee Invention Assignment Contracts?
Analyzing Aalmuhammed v. Lee in the Context of Entertainment Industry Employment
“Prime Health” and the Regulation of Hybrid Healthcare *
Using the Economic Espionage Act to Protect Trade Secrets in Baseball
JIPEL Vol. 7, No. 2 – Spring 2017
A Judicial ‘Supplement’ to Advertising Law: The Fourth Circuit’s GNC Decision and Policy Implications for the Dietary Supplement Industry

JIPEL

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