Intellectual Property

Trademark Strength and Fame: The Federal Circuit Corrects the Trademark Trial and Appeal Board

In 2017, the United States Court of Appeals for the Federal Circuit decided the Joseph Phelps Vineyards case, reversing the Patent and Trademark Office's Trademark Trial and Appeal Board’s (TTAB) decision in a case asking whether consumers would likely be confused by a new trademark.

Privacy as Commons: Case Evaluation Through the Governing Knowledge Commons Framework

“Privacy” is best defined as a matter of the appropriate flow of information. A concept known as the “general knowledge commons” helps analyze privacy problems, although the concept was developed for creative content rather than privacy analysis.

Law, Virtual Reality, and Augmented Reality

Virtual Reality (VR) and Augmented Reality (AR) will be widely used for social and commercial purposes. AR and VR will sometimes be used to harm others, testing the limits of criminal, civil, and constitutional law.

Platforms and Interoperability in Oracle v. Google

Software made by one firm often needs to work with software made by other firms. In Oracle v. Google, a federal court will consider whether copyright law will change to hinder software interoperability.

Functionality and Expression in Computer Programs: Refining the Tests for Software Copyright Infringement

Copyright law protects the expressive elements of created works, but not the work’s function. But expressive elements of software programs are hard to distinguish from functional elements. Elements needed to interoperate with other programs should not be protected by copyright.

What We Buy When We Buy Now

Many consumers are unaware that digital books, movies, or musical work cannot be transferred to others. Because consumers’ expectations are shaped in markets for tangible books, records, and CDs, sellers’ use of terms like “buy now” for digital media is deceptive.

Intellectual Property: A Very Short Introduction

Intellectual property (IP) law includes copyright, patent, trademark, and trade secret law. Some scholars advocate revisiting and reforming fundamental principles of IP law, because it can be overly complex, raise prices, and restrict free expression and innovation.

Understanding the Consumer Review Fairness Act of 2016

The Consumer Review Fairness Act of 2016 (CRFA) bars businesses from requiring their customers to agree not to post online reviews. These “anti-review” clauses prevented consumers from leaving feedback that would identify poorly run businesses.

Strategies for Discerning the Boundaries of Copyright and Patent Protections

Copyright law protects works of authorship, and utility patent law protects technological designs. Products like toys and software are sometimes eligible for both types of protection. Courts resist extending copyright and design patent protection simultaneously.

Computers and Robots Don’t Count: In Copyright Law, It’s All About People

This article describes judge-made rules that shield copies automatically made by computers from liability for copyright infringement. Studying these cases can help decide more difficult cases involving machines such as killer robots.