A Troll’s Refuge

Everyone is familiar with the phenomenon that is trolling and the ubiquitous troll face. Equally as familiar in the public conscious is the concept of the “patent troll,” a term that has been affirmed by the late, great Justice Scalia in Commil USA, LLC v. Cisco. The term has even been brought to the masses through the venerable learning mechanism of comedy via John Oliver. In a nutshell, patent trolls first obtain rights.. Read More

Comedian John Oliver Rides ‘Drumpf’ Wave to the USPTO

Donald Trump isn’t the only one filing trademarks in the hopes of capturing this election cycle’s headlines. Comedian and “Last Week Tonight” host John Oliver recently amassed a great deal of news coverage and social media shares with his satirically scathing twenty-one-minute segment on Trump’s presidential bid. Oliver concluded the segment by reviving Trump’s apparent ancestral name, Drumpf, and mobilizing his young, Internet-savvy following to spread the ‘truth’ on Trump. Oliver pulled out.. Read More

Fashion Copyright and the Muddling of the Useful Articles Doctrine

“The law in this area is a mess—and it has been for a long time.” Such was the dissent’s blunt assessment of the state of copyright law as applied to garment design in Varsity Brands v. Star Athletica, a recent 6th Circuit case dealing with the copyrightability of the patterns on cheerleader uniforms. With respect to its eligibility for protection under copyright law, and in contrast to the much broader protections available under.. Read More

Join JIPEL for our Annual Careers in IP Symposium!

The Journal of Intellectual Property and Entertainment Law’s Careers in Intellectual Property Symposium will provide students a first hand opportunity to meet practitioners who are respected in their field and to discuss potential career paths in intellectual property. By having a panel with partners and one with associates, we hope to provide a broad perspective on the opportunities available to students within the field of Intellectual Property Law at various stages of their legal career. What it means to.. Read More

Finding the Balance Between the Media Protection and the People’s Privacy

Invasion of privacy in United States is divided into three big categories; (1) Publicly disclosing private facts; (2) Depicting a person in a false light; and (3) commercial exploitation of a person’s name or likeness. It is not too difficult to see that the law in United States highly favors the media through its implementation of several protections. The first category is “public disclosure of private facts.” This involuntary loss of privacy tort.. Read More

The Companies Behind the #WTFU

If you follow vloggers like Nostalgia Critic or Honest Trailers, you might be familiar with the hashtag #WTFU. No, it’s not an acronym for a rude phrase—it stands for “Where is The Fair Use?” Here’s the lowdown: YouTube videos that use clips or sound bites from other work have been facing an flurry of takedown notices for alleged copyright infringement. The problem is that these videos are only using bits and pieces of.. Read More

U.S. v. Apple: National Security v. Individual Privacy

Are computer programs predominantly expressive conduct like a book, or just functional devices like machines? Do computer programs deserve the First Amendment protection of free speech? These are crucial issues that have arisen in the law due to changes in technology. The California Federal Court will have to address them in the U.S. v. Apple case, where the Federal Bureau of Investigation (“FBI”) requested that Apple access encrypted data on an iPhone used.. Read More

Set-Top Boxing: The Proposed FCC Regulations That Could Shake Up TV Access

On February 18, the FCC voted 3-2 in favor of adopting a Notice of Proposed Rulemaking (“NPRM”) in the matter of “Expanding Consumers’ Video Navigation Choices; Commercial Availability of Navigation Devices.”  The NPRM is part of an FCC proposal to encourage increased competition in the set-top box market. Set-top boxes are the dual purpose devices that convert video content from cable, satellite, and internet providers into digital or analog TV signals, and which.. Read More

Rethinking Enhanced Damages: Stryker Oral Arguments

Last week the Supreme Court heard argument in Stryker Corp., et al. v. Zimmer, Inc., et al., docket no. 14-1520, which was the first time this term that the Court has considered a patent matter. Stryker, the petitioner and patent holder, invited the Court to overturn the Federal Circuit’s test for enhanced damages, which requires a showing of objectively reckless and willful infringement. Many patent holders would prefer that the Court side with.. Read More