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

Copyright: The Right Move?

Whether it is General Zod, The Eradicator, or Lex Luther, no force has ever been able to defeat Superman. But over the past seventy years, there has been a force so powerful and extensive that even Superman has been unable to evade its reach. Its power lies in its ability to restrict and control the free flow of the fruits of creativity. To some it is a villain, and to others it is.. Read More

Copyright of Meme-Saturated, Appropriation Culture

In November 2015, a Twitter user by the name of @updog7 scanned and posted every page of Josh Ostrovsky’s (@thefatjewish) book, Money Pizza Respect, on Twitter. Updog7 does not appear to be affiliated with Ostrovsky, in fact, the name itself is thought to be a reference to an alleged front account Ostrovsky made (@uptownfunkdog) after backlash against the amount of “stolen” jokes he posted on his account without attribution. In theory, Ostrovsky would credit.. Read More

After More Than 15 Years, the Federal Circuit Clarifies the “Actual Notice” Requirement for Post-publication, Pre-issuance Patent Infringement

The American Inventor’s Protection Act (AIPA) was passed in 1999 and added § 154(d) to title  35 of the United States Code, which provides a remedy for patent applicants for post-publication, pre-issuance patent infringement. Section 154(d) provides a right to obtain a reasonable royalty from the date of publication of the application to the date the patent is issued if the patent infringer had “actual notice of the published patent application” and “the invention as claimed in the.. Read More

Make America Great Again™ (but only for Trump)

Primaries are not the only thing Donald Trump has been winning as of late, and we have the United States Patent and Trademark Office to thank for that. On November 11, 2015, a U.S. Trademark examiner completed the final phase of Trump’s three year quest to trademark the phrase “Make America Great Again.” Despite being a prominent slogan in the Reagan campaign from over thirty years ago, Mr. Trump now has the exclusive.. Read More