Prof. Randal C. Picker, University of Chicago Law School June 5, 2015 On May 18, the U.S. Court of Appeals for the Ninth Circuit issued its eagerly awaited en banc opinion in Garcia v. Google.  More than a year ago, in a 2-to-1 decision, the Ninth Circuit had found that Garcia had a sufficient likelihood [...]

Prof. James Gibson, University of Richmond School of Law May 6, 2015 A few months ago, my IP Issues entry demonstrated that the exclusive rights that trademark law provides are rooted in consumer welfare – in the need to ensure that consumers are able to distinguish one producer’s goods from those of its competitors.  In [...]

Prof. Rodney A. Smolla, University of Georgia Law School April 28, 2015 May the Patent and Trademark Office deny trademark protection for a mark that it deems disparaging to members of certain racial or ethnic groups?  The issue has been most famously posed by the Washington Redskins trademark litigation, a dispute of Dickensian expanse that [...]

Prof. Doug Lichtman, UCLA School of Law April 23, 2015 Every year, I close my “survey” intellectual property course by spending a few days talking about trademark law.  My main message is that trademark law is a legal regime designed to facilitate clear communication.  I point out that it would be monstrously difficult were I [...]

Prof. Jane C. Ginsburg, Columbia University School of Law April 6, 2015 In a previous column (Feb. 17, 2015), I urged that any copyright reform legislation that emerges from the preparations for “the next great copyright act” should ensure both authors’ attribution and economic interests.  The earlier column addressed attribution; this column will consider remuneration, [...]

Prof. Robert P. Merges, University of California at Berkeley School of Law March 27, 2015 For many in the field of intellectual property law (IP), my article title would be either a wry joke or the lead-in to one of the world’s shortest articles.  (Its full text would read: “No.”)  I, however, am going to [...]

Prof. Randal C. Picker, University of Chicago Law School March 16, 2015 On Feb. 26, 2015, the Federal Communications Commission announced its new Open Internet Rules (what the rest of the world calls network neutrality), but it didn’t actually release the rules until this past Thursday, March 12, 2015.  The rules themselves are quite short, [...]

Prof. Randal C. Picker, University of Chicago Law School February 25, 2015 Software patents are extraordinarily controversial.  In 2011, the White House was asked through its online petition set-up to direct the patent office to cease issuing software patents.  The White House declined, noting that Congress was in charge of the general scope of patent [...]

Prof. Jane C. Ginsburg, Columbia University School of Law February 17, 2015 When our nation’s Founders were heading to the Continental Congress, Abigail Adams entreated husband John to “remember the Ladies.”  We know what became of that plea.  So, as the prospect of “the next great copyright act” sparks Copyright Office and PTO studies, congressional [...]

Prof. Robert P. Merges, University of California at Berkeley School of Law February 12, 2015 Patent pools have captured the attention of lawyers, economists, and historians for a long time.  For many, they represent a dangerous solution to the transaction costs associated with clearing and licensing many patents.  The danger arises because pools are formed [...]