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Archive for the ‘Digest Note’ Category

The TTAB’s Dangerous Dismissal of ‘Doubt’

Written By: Charles Colman, Acting Assistant Professor at NYU School of Law

Edited By: Elise Young

On September 30, 2013, the Trademark Trial and Appeal Board[1] issued a troubling decision in In re Bottega Veneta Int’l S.a.r.l. Viewed in a broader context, the decision reflects the Board’s growing reluctance to apply the doctrine of “aesthetic functionality” in ex parte prosecution proceedings to bar the issuance of potentially anticompetitive trade-dress registrations.

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Posted On Nov - 12 - 2013 Comments Off READ FULL POST

Towards Trans-Atlantic Interoperability: Scientific Research and Privacy Under the EU Data Protection Regulation

Written by: Natalie Kim
Edited by: Alex Shank

The EU is currently drafting a General Data Protection Regulation, thought to be among the toughest data protection laws in existence. This comment address the growing interoperability problem between U.S. and EU data protection law and ways of mitigating it, like reducing third-party liability loopholes, strengthened de-identification techniques and enhanced data tracking measures.

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Posted On Aug - 11 - 2013 Comments Off READ FULL POST

Innovator’s Patent Agreement: Defensive Patenting Strategies in the Software Industry

Written by: Suzanne Van Arsdale
Edited by: Michelle Sohn

On May 21, 2013, Twitter launched version 1.0 of the Innovator’s Patent Agreement (“IPA”), which formalizes a company’s commitment to non-offensive patenting and leaves some control in the hands of inventors. This Comment addresses the incentives for and legal implications of adopting the IPA, software industry concerns and current practices, and other defensive patenting mechanisms.

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Posted On Aug - 11 - 2013 Comments Off READ FULL POST

Unwanted Exposure: Civil and Criminal Liability for Revenge Porn Hosts and Posters

Written by: Susanna Lichter
Edited by: Suzanne Van Arsdale

Hollie Toups, the first named plaintiff in Toups v. GoDaddy, was harassed for weeks after nude pictures of her appeared on the website Texxxan.com alongside her real name and a link to her Facebook profile. When Toups requested that Texxxan.com remove the pictures, she was told by the website that they could help in exchange for her credit card information.[i] Texxxan.com is a “revenge porn” or “involuntary porn” website.[ii]

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Posted On May - 28 - 2013 2 Comments READ FULL POST

Burdens of Discovery for Scientific Working Materials and Deliberative Documents

Written by: Evelyn Y. Chang
Edited by: Jessica Vosgerchian

In March of 2012, British Petroleum sought court enforcement of a subpoena for “any conversation or discussion” made by researchers from WHOI regarding their studies on the Deepwater Horizon oil spill. The court applied a balancing test that weighed BP’s need for the requested information against the burden placed on WHOI, and required the WHOI researchers disclose internal pre-publication materials relating to the studies cited in the government report.

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Posted On May - 19 - 2013 Comments Off READ FULL POST
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Stephen Hawking™:

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Flash Digest: News i

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