Pay-Per-View Theft: Increasing Ambiguity

A few months ago, the ABA Journal published an article addressing lawyers’ recent aggressive involvement in minimizing pay-per-view theft. Pay-per-view theft can be categorized into roughly three subheadings: active theft, pay theft, and passive theft. Active theft occurs when someone intentionally makes an illegal physical connection to the cable system for the purpose of receiving cable service in their business. Pay theft occurs when someone intentionally attaches equipment (e.g., black boxes, decoders, etc.).. Read More

The CRISPR Patents and Their Hindrance to Innovation

One of the major battles going on in patent law is that concerning the CRISPR gene-editing technology. Basically, this technology allows for the modification of genes in living organisms. As one can imagine, if this technology could be perfected for use in human DNA, the scientific and business possibilities are vast and valuable. Involving this technology is a patent battle between the University of California Berkeley and the Broad Institute, which includes Harvard.. Read More

Lying In Wait: Patent Prosecution After the Elimination of Laches

In their March 21 decision on SCA Hygiene Products AB v. First Quality Baby Products LLC, the Supreme Court eliminated the laches defense in patent prosecution cases, potentially making it easier for patent-holders to “lie in wait” in order to obtain greater damages. The decision perhaps flew under the radar in the wake of the Varsity Brands decision, but could have a wide-ranging financial impact on patent-holders in the future. In patent infringement.. Read More

Waymo v. Uber: The battle over self-driving cars

It wasn’t too long ago when self-driving cars, as portrayed in “I, Robot,” seemed like a thing of the distant future. But, lo and behold, self-driving cars no longer seem out of reach. In fact, it seems like they may be right around the corner. Last year, Elon Musk predicted that by the end of 2017 he will produce a Tesla that can drive itself from Los Angeles to New York City. With.. Read More

The End of the Amateur Era

One of the most controversial question in the modern sports era is, what is an amateur? It seems silly and almost intuitive, but as one delves into the depths of this question, the waters quickly become murky. A quick search of the term yields denotative definitions that we connotatively think of: “a person who engages in a study, sport, or other activity for pleasure rather than for financial benefit or professional reasons,” or,.. Read More

Interview with Richard Samson: Vice President and Assistant General Counsel for the New York Times

Richard Samson is the Vice President and Assistant General Counsel the New York Times, and recently spoke as a panelist at the JIPEL Careers in IP Symposium. Parts of the conversation have been condensed and edited for clarity.  Q: How did you end up practicing intellectual property law? A: I had a really strong interest in entertainment and media before I even went to law school. I thought, without really knowing too much.. Read More

Invasion of the Bot E-Snatchers? Not Quite.

Automated software programs, or “bots,” have been in use since the early days of the internet, perhaps most notably by search engines and online market aggregators to power their services. This type of bot usage has mostly been tolerated because of its synergistic effects, but companies have grown warier of who they allow on their servers as bots have become more numerous and sophisticated. From “scrapers” that trawl LinkedIn user profiles for data.. Read More

Online Subscriptions: The Key to Fighting Piracy in the Internet of Tomorrow?

I recently came across The New York Times article “How the Internet Is Saving Culture, Not Killing It,” by Fahrad Manjoo. Being that I’m fascinated by the idea that the Internet is the manifestation of consciousness and culture is the expression of it, I was immediately intrigued by an analysis of the relationship between the two. The article begins by acknowledging how business sectors in the past few decades have suffered at the.. Read More

Is Marilyn Monroe Generic?

Marilyn Monroe was—and continues to be—one of the most iconic actresses in the world. And while there is no doubt that Marilyn Monroe is a household name, is it possible that her name has become too well-known? Apparently so. On March 13, 2017, Judge Katherine Polk Failla of the United States District Court for the Southern District of New York (SDNY) issued a ruling that permits a counterclaim to cancel Marilyn Monroe’s trademarks.. Read More

3D Printing as a Copyright Infringement

South Africa has achieved another technological milestone. The Nelson Mandela Metropolitan University’s renewable energy laboratory recently constructed one of Africa’s largest 3D printers. With the emerging market for 3D printing, there are concerns regarding the intellectual property implications of these products. “When you think about it,” Likonelo Magagula, director of Norton Rose Fulbright based in Johannesburg, said, “making an authorized copy of something can constitute either patent or copyright infringement, it matters not what.. Read More