In her first article for the UC Law Review Blog, Associate Member Emmaline Fisher discusses the Copyright Alternative in Small Claims Enforcement Act and explores a solution to concerns about copyright troll claimants.
Photo: liability by Marco Verch under CC BY 2.0 Mike Chernoff, Associate Member, University of Cincinnati Law Review I. Introduction A copyright holder has the exclusive right to reproduce his copyrighted work, prepare derivative works, and distribute copies of the work.[1] If these rights are violated, the party responsible for the violation can be found to have infringed on the... Continue Reading →
"Law Books" by Mr.TinDC is licensed under CC BY-NC-ND 2.0. Mike Chernoff, Associate Member, University of Cincinnati Law Review I. Introduction In the United States, copyright protection can be extended to original works of authorship fixed in any tangible medium.1 However, this protection is restricted for works that have been created as a statement of... Continue Reading →
"Patents, Pez #1" by etorov is licensed under CC BY-SA 2.0. Nathan Potter, Blog Editor, University of Cincinnati Law Review I. Introduction Overcoming obviousness is becoming increasingly difficult in some industries due to competitors seeking “blocking” patents.[1] A blocking patent is obtained by one patentee to restrict the make, use, sale, and/or export of an earlier... Continue Reading →
"DNA" by e.coers is licensed under CC BY-SA 2.0. Kris Schroder, University of Cincinnati Law Review I. INTRODUCTION In his 2015 State of the Union Address, President Barack Obama launched the Precision Medicine Initiative, which would “lead a new era of medicine -- one that delivers the right treatment at the right time.”[1] The mission... Continue Reading →
Author: Jon Siderits, Associate Member, University of Cincinnati Law Review On March 2, 2015, the United States Court of Appeals for the Federal Circuit affirmed the Trademark Trial and Appeal Board’s (TTAB) decision to cancel David Couture’s registration on the mark PLAYDOM.[1] The Federal Circuit found that Couture, who applied to register the mark on... Continue Reading →
Author: Ashley J. (Clever) Earle, Contributing Member, University of Cincinnati Law Review When thinking about patent protection, most individuals likely picture what patent attorneys describe as a “widget”—a physical, mechanical invention. Patent protection however, covers a much broader spectrum of inventions. It may seem natural to grant patents to protect new innovations such as chemical... Continue Reading →
Author: Jon Siderits, Associate Member, University of Cincinnati Law Review On March 10, 2015, a federal jury found that Robin Thicke and Pharrell Williams infringed a copyright owned by the heirs of Marvin Gaye, by copying substantially from Gaye’s song “Got to Give It Up” when they created their 2013 hit “Blurred Lines.”[1] While other... Continue Reading →
Author: Jon Siderits, Associate Member, University of Cincinnati Law Review On January 20, 2015, the Supreme Court announced its decision in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., and did away with the Federal Circuit’s longstanding application of a purely de novo standard when reviewing a district court’s construction of a patent claim.[1] Specifically, the... Continue Reading →
Author: Ashley Clever, Contributing Member, University of Cincinnati Law Review When marketing a new product, a business will often need to protect both the functionality and the overall design of a product to prevent competitors from producing an identical copy. While a utility patent covers a product’s functional features—how it works and what it does,... Continue Reading →
