Courts Split Over Fourth Circuit’s New False Advertising Standard
This blog post discusses the impact of the Fourth Circuit’s ruling regarding “literally false” advertising claims. The case is In re GNC Corp., 789 F.3d 505 (2015). An earlier blog…
Welcoming the Marrakesh Treaty into a Consequentialist Framework
Curing the Book Famine The Marrakesh Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities is widely lauded as a miracle. The…
From the Mailroom to the Courtroom: Glatt v. Fox Searchlight Pictures and its Effects on Entertainment Industry Internships
Unquestionably, the entertainment industry has engendered an almost-mythical culture surrounding unpaid internships. Though highly romanticized, the journey from unpaid intern to Hollywood executive is well-known and has spawned some of…
JIPEL Vol. 6, No. 1 – Fall 2016
The NYU Journal of Intellectual Property and Entertainment Law is proud to present Volume 6 Issue 1 of the Journal.
The Challenging Economics of the Companion Diagnostics Industry: A Compelling Case for Invigorated Patent Protection
Diagnostic tests are a core component of modern health care practice: they determine a patient’s susceptibility to developing cancer and other disorders; they diagnose biological conditions; they monitor the progress…
Un-Blurring Substantial Similarity: Aesthetic Judgments and Romantic Authorship in Music Copyright Law
Music copyright disputes have been in the limelight since long before George Harrison subconsciously ripped off the Chiffons. Yet, with copyright holders becoming ever more litigious, disputes over musical rights…
Correlative Obligation in Patent Law: The Role of Public Good in Defining the Limits of Patent Exclusivity
In light of the recent outrageous price-spiking of pharmaceuticals, this Article questions the underlying justifications for exclusive rights conferred by the grant of a patent. Traditionally, patents are defined as…
Disrupting the Balance: The Conflict Between Hatch-Waxman and Inter Partes Review
Since the enactment of the America Invents Act, inter partes review has been a new pathway for challenging patents. This administrative proceeding at the Patent Trial and Appeal Board has…
Copyright Protection Of Designs Incorporated In Apparels And Uncertainty In The Law?
Case Analysis: Varsity Brands, Inc. V. Star Athletica, LLC Facts Varsity Brands Inc., a manufacturer of cheerleading uniforms, brought an action against Star Athletica, LLC, alleging infringement of its copyrighted…
Native Advertising: The Blurred Lines between Sponsored and Non-Sponsored Content and the FTC’s Response
In the modern age of social media, companies have increasingly begun to turn to native advertising to promote their products and services. Native advertising is a form of marketing in…