Marquette Intellectual Property Law Review
- THE ARCHITECTURAL WORKS COPYRIGHT ACT: CAN IT PROTECT AN ARCHITECTS STATE OF THE ART DEVELOPMENT WHEN FUNDED THROUGH FEDERAL DOLLARS?
- ONE CHUCK, TWO CHUCK: ANALYZING WHETHER FEDERALLY REGISTERED TRADEMARKS SHOULD BE DISTINGUISHED FROM UNREGISTERED, COMMON-LAW TRADEMARKS IN THE CONTEXT OF CONVERSE, INC. V. INTERNATIONAL TRADE COMMISSION.
- The National Institutes of Health, patents, and the public interest: an expanded rationale of justice Breyer's dissent in Stanford v. Roche.
- The end of ownership?
- PROTECTING WISCONSINITES FROM TROLLS: THE FEDERAL CIRCUIT'S 'BAD FAITH' PREEMPTION AND ITS RESTRICTIVE EFFECT.
- The proper scope of patentability in international law.
- What good is fame if you can't be famous in your own right? Publicity right woes of the almost famous.
- Toward a more reliable fact-finder in patent litigation.
- A re-examination of the original foundations of Anglo-American trademark law.
- Utilitarian information works - is originality the proper lens?
- Internet outlaws: knowingly placing ads on parked domain names invokes contributory trademark liability.
- Territoriality challenges in protecting trademark interests in the system of generic top-level domains (gTLDs).
- How media got the biggest bite of (the) Apple: a look at the media misperception in the Apple-Samsung case.
- THE RIGHT TO CREATIVE ILLEGITIMACY: ART AND THE FALLACY OF PROPRIETARY LEGITIMATION.
- WHISKEY SOUR: AN IP EVALUATION OF NATHAN GREEN'S CONTRIBUTION TO JACK DANIEL'S WHISKEY AND HOW THAT CONTRIBUTION LED TO AN INEQUITABLE DISTRIBUTION OF GENERATIONAL WEALTH.
- ARTIFICIAL INTELLIGENCE, COPYRIGHT, AND COPYRIGHT INFRINGEMENT.
- Phillips v. AWH, Corp., a doctrine of equivalents case?
- Quilt artists: left out in the cold by the Visual Artists Rights Act of 1990.
- Structural uncertainty: understanding the Federal Circuit's lead compound analysis.
- Myriad: A Look Into the Future of Genetic Patentable Subject Matter.
- In re Seagate: did it really fix the waiver issue? A short review and analysis of waiver resulting from the use of a counsel's opinion letter as a defense to willful infringement.
- Liability for trademark infringement for Internet service providers.
- Proposed mechanism.
- Creating consumer confidence or confusion? The role of product certification marks in the market today.
- DETERMINING PATENT WORTHLESSENESS FOR TAX PURPOSES.
- MedImmune v. Genentech: a game-theoretic analysis of the Supreme Court's continued assault on the patentee.
- Using intellectual property rights to create value in the coffee industry.
- Can the PTO find its way with Jesus?
- A sui generis regime for traditional knowledge: the cultural divide in intellectual property law.
- A CURE FOR TWITCH: COMPULSORY LICENSE PROMOTING VIDEO GAME LIVE-STREAMING.
- Introduction.
- Can the Patent Office be fixed?
- Rethinking patent fraud enforcement in a reform era.
- Conclusion.
- Intellectual property rights and exclusive (subject matter) jurisdiction: between private and public international law.
- PRIVATE OR PUBLIC RIGHT? Who Should Adjudicate Patentability Disputes and Is the Current Scheme Really Constitutional?
- Probable extraterritorial effects and a public choice democracy perspective.
- SOME FIRST AMENDMENT IMPLICATIONS OF THE TRADEMARK REGISTRATION DECISIONS.
- THE TIMES THEY ARE A-CHANGIN': INNOVATION IN THE MODERN MUSIC FESTIVAL.
- Reviewing the (shrinking) principle of Trademark Exhaustion in the European Union (ten years later).
- What is patentable subject matter? The Supreme Court dismissed LabCorp v. Metabolite Laboratories, but the issue is not going away.
- Now is that what I call music? Post-modern classical music and copyright law.
- The time and place for 'technology-shifting' rights.
- Using intellectual property to secure financing after the worst financial crisis since the Great Depression.
- INTELLECTUAL PROPERTY ISSUES FOR STARTUPS PARTICIPATING IN ENTREPRENEURSHIP SUPPORT PROGRAMS IN WISCONSIN.
- A new framework for assessing clinical data transparency initiatives.
- THE MYSTERY OF SECTION 253(b).
- DETERMINING ENHANCED DAMAGES AFTER HALO ELECTRONICS: STILL A STRUGGLE?
- Appendix: an illustrative example.
- THE TRADEMARK DILUTION REVISION ACT'S NULLIFYING EFFECT ON FAMOUS MARK HOLDER'S DILUTION CLAIMS.
- Trademarks under the North American Free Trade Agreement (NAFTA), with references to the current Mexican law.
- Unlocking the genome: the legal case against genetic diagnostic patents.
- Intellectual property rights and global warming.
- Complimentary creation: protecting fan fiction as fair use.
- Brands, morality and public policy: some reflections on the ban on registration of controversial trademarks.
- Navigating the safe harbor rule: the need for a DMCA compass.
- Ancillary orders of compulsory licensing and their compatibility with the TRIPs Agreement.
- Antitrust liability for refusal to license intellectual property: a comparative analysis and the international setting.
- Kewanee revisited: returning to first principles of intellectual property law to determine the issue of federal preemption.
- Trade dress rights as instruments of monopolistic competition: towards a rejuvenation of the misappropriation doctrine in unfair competition law and a property theory of trademarks.
- Implications of genomics advances for drug discovery, clinical therapies, & rare disease research.
- INSPIRATION VERSUS EXPLOITATION: TRADITIONAL CULTURAL EXPRESSIONS AT THE HEM OF THE FASHION INDUSTRY.
- Intellectual property and Asian values.
- The Case For Incentivizing Healthy Food By Using Patents.
- OPTING INTO DEVICE REGULATION IN THE FACE OF UNCERTAIN PATENTABILITY.
- Intellectual property and Asian values.
- Exercising rights in the right forum - questions of jurisdiction.
- Websites and intangible asset amortization under 26 U.S.C. s. 197: a marriage that bears little fruit.
- Emerging scholars series: cross-border injunctions in U.S. patent cases and their enforcement abroad.
- One view of compulsory licensing: comparative perspectives from India and Canada.
- Copyrights without limits: the undefeatable right of access control under section 1201(a) of the Digital Millennium Copyright Act.
- Contract + tort = property: the trade secret illustration.
- Public K-12 teachers creation of nontraditional educational works: to rely on the teacher exception or explore other options?
- TRADEMARK USE DOCTRINE IN THE EUROPEAN UNION AND JAPAN.
- The immorality of strict liability in copyright.
- The EU trademark reform package - (too) bold a step ahead or back to status quo?
- WHAT ARE WE TO DO WITH DEPOSIT COPIES?
- Deviated, unsound, and self-retreating: a critical assessment of the Princo v. ITC en banc decision.
- Geographical indications: a discussion on the TRIPS regulation after the Ministerial Conference of Hong Kong.
- Generic entry in a rough economy - proposed legislation may ease health care costs.
- The Eleventh Annual Honorable Helen Wilson Nies Memorial Lecture in intellectual property; rethinking the role of clinical trial data in international intellectual property law: the case for a public goods approach.
- Mylan v. Warner Chilcott: a study in pharmaceutical product hopping.
- CONFUSION, CONFLICT, AND CASE LAW: ANALYZING THE LANGUAGE OF THE UNITED STATES PATENT ACT AND CONFLICTING CASE LAW REGARDING THE TRANSFER OF PATENT RIGHTS IN THE 21st CENTURY.
- The Commercial Felony Streaming Act: The Call For Expansion of Criminal Copyright Infringement.
- Copyright's empire: why the law matters.
- Actual or hypothetical: determining the proper test for trademark licensee rights in bankruptcy.
- Canada and the three-step test: a step in which direction?
- A presidential remedy under administrative control - why section 337(j) should be repealed.
- European Union patents: a mission impossible? An assessment of the historical and current approaches.
- Speaking words of wisdom: let it be the reexamination of the human embryonic stem cell patents.
- Punitive damage and attorney fee awards in trade secret cases.
- EU directive proposal: trade secrets.
- Repurposing - finding new uses for old (and patented) drugs: bridging the "Valley of Death," to translate academic research into new medicines.
- Collegiate athletes and the right to their marks.
- CLARIFYING UNCERTAINTY: WHY WE NEED A SMALL CLAIMS COPYRIGHT COURT.
- Hart-Scott-Rodino & Chevron step zero: can the FTC target the pharmaceutical industry?
- PROPERTY AND EQUITY IN TRADEMARK LAW.
- The end of the 'wild west' for software patents - does the Patents Act 2013 change New Zealand's treatment of software patents from permissive to restrictive?
- A MATHEMATICAL SOLUTION TO THE SINE OF MADNESS THAT IS PHARMACEUTICAL COMPULSORY LICENSING UNDER THE TRIPS AGREEMENT AND THE DOHA DECLARATION.
- Functional signs and decanters of wine: how trade dress protection unconstitutionally extends expired design patents.
- The marginal utility of trade secrets.
- God in the machine: encryption algorithms and the abstract exemption to patentability.
- Nanobiotechnology, synthetic biology, and RNAi: patent portfolios for maximal near-term commercialization and commons for maximal long-term medical gain.
- Fixing through legislative fixation: a call for the codification and modernization of the staple article of commerce doctrine as it applies to copyright law.
- Need for new IP approaches to facilitate collaborative (academic-industrial) drug development.
- Eyes wide shut: induced patent infringement and the willful blindness standard.
- An uncomfortable fit? Intellectual property policy and the administrative state.
- TRIBAL SOVEREIGN IMMUNITY AS A DEFENSE AT THE PATENT TRIAL AND APPEAL BOARD? OR A VIOLATION OF U.S. ANTITRUST LAWS?
- Finding common ground in the world of electronic contracts: the consistency of legal reasoning in clickwrap cases.
- Trademark fair use: Braun(R) versus the bunny.
- A state-by-state analysis of inevitable disclosure: a need for uniformity and a workable standard.
- Annual intellectual property law review banquet speech: lessons learned from fifteen years in the trenches of patent litigation.
- Notice and supplemental registration: why the Copyright Office must update its policies surrounding author notice.
- Fixing continuing application practice at the USPTO.
- What about know-how: heightened obviousness and lowered disclosure is not a panacea to the American patent system for biotechnology medication and pharmaceutical inventions in the post-KSR era.
- Place of infringement and questions of choice of law.
- Medimmune, Microsoft, and KSR: the United States Supreme Court in 2007 tips the balance in favor of innovation in patent cases, and thrice reverses the Federal Circuit.
- I have a secret? Applying the Uniform Trade Secrets Act to confidential information that does not rise to the level of trade secret status.
- The intensifying national interest in patent litigation.
- The Defend Trade Secrets Act: Why Interpreting the New Law On Its Own Terms Promotes Uniformity.
- WHAT IS THE TRADE-OFF: ARE NEW TRADE DEALS WORTH THE CHANGES TO PHARMACEUTICAL PATENTS?
- QUESTIONS OF TRUST, BETRAYAL, AND AUTHORIAL CONTROL IN THE AVANTGARDE: THE CASE OF JULIUS EASTMAN AND JOHN CAGE.
- iHeartgeo-fencing? The section 114 exemption that illustrates why full sound recording rights are the sine qua non for a vibrant music industry.
- Online auction house liability for the sale of trademark infringing products.
- The Thirteenth Annual Honorable Helen Wilson Nies Memorial Lecture in Intellectual Property Law: innovation and recovery.
- Test Data Protection: Different Approaches and Implementation in Pharmaceuticals.
- Product hopping 2.0: getting the FDA to yank your original license beats stacking patents.
- AMERICAN PRIVACY LAW AT THE DAWN OF A NEW DECADE (AND THE CCPA AND COVID19): OVERVIEW AND PRACTITIONER CRITIQUE.
- FINDING A FOREST THROUGH THE TREES: GEORGIA-PACIFIC AS GUIDANCE FOR ARBITRATION OF INTERNATIONAL COMPULSORY LICENSING DISPUTES.
- Under seal but not under law: In re City of Houston's effect on municipal insignias.
- Diagnostic patents at the Supreme Court.
- Possessing trademarks: can Blackstone or Locke apply to fast food, grocery stores, and virtual sex toys?
- THE ADR LOOPHOLE TO RESTRICTIVE NON-COMPETE AGREEMENTS.
- The future of clinical trials: more transparency and pharmacogenomics.
- WHAT'S YOUR STORY? EVERY FAMOUS MARK HAS ONE: PERSUASION IN TRADEMARK OPPOSITION BRIEFS.
- IF THE LAW CAN ALLOW TAKEBACKS, SHOULDN'T IT ALSO ALLOW HACKBACKS?
- Copyrightable works in the undergraduate student context: an examination of the issues.
- Reverse engineering IP.
- Available remedies for copyright infringement.
- GENE PATENTS, DRUG PRICES, AND SCIENTIFIC RESEARCH: UNEXPECTED EFFECTS OF RECENTLY PROPOSED PATENT ELIGIBILITY LEGISLATION.
- Wagging the dog? Reconsidering antitrust-based regulation of IP-licensing.
- Forward-looking view of healthcare innovation, from a leading life science venture capitalist.
- Copyright, competition, and the first English-language translations of 'Les Miserables' (1862).
- What goes around, comes around: how Indian Tribes can profit in the aftermath of Seminole Tribe and Florida Prepaid.
- The increasing importance of biologics-based drugs in pharmaceutical pipelines.
- All's fair in copyright and costumes: fair use defense to copyright infringement in cosplay.
- International legal protection of trademarks in China.
- NOA v. DOA: Increasing Medical Diagnostic Patentability After Mayo.
- Keinitz v. Sconnie Nation, LLC: The Seventh Circuit's Necessary Resistance to Defining the Fair Use Doctrine Solely in Terms of Transformativeness.
- The continuing vitality of the presumption of irreparable harm in copyright cases.
- SCENES A FAIRE IN MUSIC: HOW AN OLD DEFENSE IS MATURING, AND HOW IT CAN BE IMPROVED.
- The Performance Rights Act: a lack of impact on a transitioning music industry.
- Not all grace periods are created equal: building a grace period from the ground up.
- Environmental initiative and the role of the USPTO'S green technology pilot program.
- Intellectual property rights (IPR) in collaborative drug development in the EU: helping a European public-private partnership deliver - the need for a flexible approach to IPR.
- ERRATA.
- Federal circuit v. ninth circuit: a split over the conflicting approaches to DMCA section 1201.
- CAN 'IMFCOIN' BE SCARUFFI'S MONETA IMMAGINARIA?
- Property as a potential justification.
- Wisconsin Patent Acquisition in the Final Frontier: Creating a Void.
- What do we do with a doctrine like merger? A look at the imminent collision of the DMCA and idea/expression dichotomy.
- In pursuit of patent quality (and reflections on reification).
- Searching for an out: Rojadirecta, myVidster, and the knowledge components of the information location tool exemption of s. 512(d).
- The new era of biologic regulation and patenting under the America Invents Act.
- Breaking the law to break into the black: patent infringement as a business strategy.
- The justification for trade secrets.
- A fundamental critique of the law-and-economics analysis of intellectual property rights.
- New business models to find cures and lower healthcare costs: a role for drug repurposing.
- THE SEMICOMMONS AND WISCONSIN WATER QUALITY.
- Conclusion.
- BALANCING MICKEY MOUSE AND THE MUTANT COPYRIGHT: TO COPYRIGHT A TRADEMARK OR TO TRADEMARK A COPYRIGHT, THAT IS THE QUESTION.
- Patent markets: an opportunity for technology diffusion and FRAND licensing?
- Intellectual property, competition rules, and the emerging internal market: some thoughts on the European exhaustion doctrine.
- QUESTIONABLE PATENT-ELIGIBILITY OF IOT TECHNOLOGY.
- Annual intellectual property law review banquet speech: three cases: a practitioner's life in copyright.
- Likelihood of destruction - restructuring the trademark dilution by blurring factors in the Trademark Dilution Revision Act of 2006.
- Twitter or Tweeter: who should be liable for a right of publicity violation under the CDA?
- The extended protection of "strong" trademarks.
- Free fashion.
- The experimental use exception and undergraduate engineering projects.
- Skating On Thin Ice: The Intellectual Property Ramifications of a Figure Skater's Public Performance.
- Gone in a blink: the overlooked privacy problems caused by contactless payment systems.
- I'm still your baby: Canada's continuing support of U.S. linkage regulations for pharmaceuticals.
- The Copyright Revision Act of 2026.
- Indigenous peoples' rights at the intersection of human rights and intellectual property rights.
- Congress Does Not Hide Elephants in Mouse Holes: How Vimeo Paid No Heed to that Caution.
- CELEBRATING WISCONSIN ENTREPRENEUR(TM): LESSONS LEARNED FROM WISCONSIN ENTREPRENEURS AND BUSINESSES, AND FUTURE PROSPECTS FOR A HEALTHTECH SECTOR THAT IS DRIVING HEALTHCARE REFORM.
- Coercion will not protect trademark owners in China, but an understanding of China's culture will: a lesson the United States has to learn.
- Beneficiaries of misconduct: a direct approach to IT theft.
- Balancing acts: using a mixed test to ensure better results in rule of reason patent misuse analysis within section 337.
- Semicommons in Fluid Resources.
- Repurposing & collaborative drug development for rare diseases.
- Trade secrets and their history.
- The failed Hague draft convention - an explanation of its ineffective negotiations.
- Fixing our broken patent system.
- Living with patents: insights from patent misuse.
- JOUTSING AT WINDMILLS: CERVANTES AND THE QUIXOTIC FIGHT FOR AUTHORIAL CONTROL.
- Patent club convergence among nations.
- The emerging right to communal intellectual property.
- ACTA fool or: how rights holders learned to stop worrying and love 512's subpoena provisions.