Intellectual Property - Harvard Law Review

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Intellectual Property Response

Of Autonomy, Sacred Rights, and Personal Marks

Response to Navigating the Identity Thicket: Trademark’s Lost Theory of Personality, the Right of Publicity, and Preemption

April 2022 Introduction At the height of the Indian freedom movement, Mahatma Gandhi was contacted by a manufacturer of clay tiles with a rather unusual request:...

Shyamkrishna Balganesh

Intellectual Property Article

Navigating the Identity Thicket: Trademark’s Lost Theory of Personality, the Right of Publicity, and Preemption

Vol. 135 No. 5 March 2022 Both trademark and unfair competition laws and state right of publicity laws protect against unauthorized uses of a person’s identity. Increasingly, however, these rights...

Jennifer E. Rothman

Trademark Injury in Law and Fact: A Standing Defense to Modern Infringement

Vol. 135 No. 2 December 2021 Trademark law and the law of standing have grown apart. Trademark law has expanded to recognize infringement in the absence of concrete harm to...

Copyright Leading Case

Google LLC v. Oracle America, Inc.

Vol. 135 No. 1 November 2021 In an era of rapid technological progress, copyright law risks becoming outdated. With no guidance from the Supreme Court in over twenty-five years, the...

Intellectual Property Recent Case

Castillo v. G&M Realty L.P.

Second Circuit Finds Temporary Art Protected Under the Visual Artists Rights Act.

Vol. 134 No. 5 March 2021

Fanciful Failures: Keeping Nonsense Marks off the Trademark Register

Vol. 134 No. 5 March 2021 A search of the United States Patent and Trademark Office’s (USPTO) trademark database reveals that in 2020, a single attorney named Elizabeth Yang filed...

Copyright Recent Case

Skidmore v. Led Zeppelin

Ninth Circuit Confines the Scope of Copyright in Compositions Under the 1909 Act to the Deposit Copy.

Vol. 134 No. 4 February 2021

Copyright Book Review

Legal Internalism In Modern Histories of Copyright

Vol. 134 No. 3 January 2021 Legal internalism refers to the internal point of view that professional participants in a legal practice develop toward it. It represents a behavioral phenomenon...

Copyright Article

Music as a Matter of Law

Vol. 131 No. 7 May 2018 What is a musical work? Philosophers debate it, but for judges the answer has long been simple: music means melody. Though few recognize it...

Joseph P. Fishman

Intellectual Property Response

Does Running Out of (Some) Trademarks Matter?

Responding to Barton Beebe & Jeanne C. Fromer, Are We Running Out of Trademarks? An Empirical Study of Trademark Depletion and Congestion

Response to Are We Running Out of Trademarks? An Empirical Study of Trademark Depletion and Congestion

Vol. 131 No. 4 February 2018

Lisa Larrimore Ouellette