Insights

Lord Ram’s Victory in the Babri Mosque Case and the Concept of Juridical Persons

While protests by farmers have been the focus of news reporting from India over the last months, a less reported story is also worthy of attention. Last month construction was begun on a mosque that has been the subject of an extended battle in the Indian courts. A little discussed aspect of that case is that […]

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Facial Recognition and the 2021 California Bar Exam

Imagine you are an African American woman with an undergraduate degree from Princeton University and a law degree from Harvard Law School. You passed the Illinois bar exam and have embarked on a promising career at a prestigious “Big Law” firm in Chicago. However, a very talented summer associate is working at the firm and there […]

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The Party of Trump: Trump Branding and the Trademark Office

Former President Donald J. Trump and his children are no strangers to branding the family name for profit. In his post-presidential days, the value of the Trump name remains to be seen, but he has wasted no time testing the waters with political branding. It has been widely anticipated that Trump will launch his own […]

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One at a Time: What is Controlled Digital Lending?

On June 1, 2020, various publishing companies filed a lawsuit against the Internet Archive’s “Open Library” and National Emergency Library projects, alleging that the organization willfully engaged in digital piracy while collecting significant revenue from libraries that paid for their scanning services. Hachette Book Group, Inc. et al v. Internet Archive et al., Case Number […]

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Will the New Administration Spell New Hope for Protecting Native American Cultural Property?

There are many reasons for Native Americans, and especially Native American women, to rejoice at the nomination of Rep. Deb Haaland (D.- N.M.) to serve as Secretary of the Interior. Rep. Haaland, an enrolled member of the Pueblo of Laguna, who also has Jemez Pueblo heritage, is one of the first Native American women to […]

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December 2020 Intellectual Property Legislation Overview

The 5,593-page coronavirus relief and government spending bill passed by Congress without much discussion in the final days of 2020 contains several pieces of intellectual property legislation worth noting. The Trademark Modernization Act of 2020 The Trademark Modernization Act of 2020 “amends the Trademark Act of 1946 to provide for third-party submission of evidence relating […]

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A Primer on Digital Rights Management

Have you or a loved one lost a beloved e-book in the past year? If so, you may be entitled to compensation. In July 2019, Microsoft began deleting its repository of e-books and halted sales from its e-library, thereby eliminating any downloads on all of its customers’ electronic devices. The purpose was to prevent tech-savvy […]

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What’s in a Rename: Public Spaces

Earlier this year we wrote about the issues surrounding name changes in the public and private education space as well as the rebranding of the Washington Football Team. The push toward such changes has continued as we head into 2021, warranting an update. Although this blog focuses on naming in public spaces, it is also worth […]

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Embedding Copyrighted Images

You have had a rough day. After having your car towed, you dropped a bag of groceries, shattering a jar of mayonnaise. Dejected, you collapse onto the couch and scroll your Instagram feed for some needed distractions. When you discover an image of a football player getting tackled by two separate linebackers simultaneously, the schadenfreude […]

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Internet Archive’s Open Library and Copyright Law: Second Addendum

This post is an update. Read the original post here and the first addendum here. In May and June of this year, we wrote about the copyright dispute between the Internet Archive and four major publishing companies — Hachette Book Group Inc., HarperCollins Publishers LLC, John Wiley & Sons Inc. and Penguin Random House LLC (the […]

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