Marquette Intellectual Property Law Review

Articles from Vol. 14, No. 2, Summer

Actual or Hypothetical: Determining the Proper Test for Trademark Licensee Rights in Bankruptcy
INTRODUCTION PART I A. Trademark Law vs. Bankruptcy Law: Competing Interests 1. Trademark Law Purpose a. Trademark Licensing b. Licensor Control 2. Bankruptcy Law Purpose a. Overview of Chapter 11...
Annual Intellectual Property Law Review Banquet Speech: Lessons Learned from Fifteen Years in the Trenches of Patent Litigation
I would like to thank Professor Irene Calboli, Professor Michael O'Hear, and the staff of the Marquette Intellectual Property Law Review for inviting me to speak at this year's banquet. When Professor Calboli first extended the invitation, I gladly...
An Uncomfortable Fit? Intellectual Property Policy and the Administrative State
The Southeastern Association of Law Schools ("SEALS") panel was conducted August 4, 2009, as part of SEALS' day-long Intellectual Property Workshop in West Palm Beach, Florida. Kali Murray ([dagger]) moderated the panel, which included Sapna Kumar,...
Possessing Trademarks: Can Blackstone or Locke Apply to Fast Food, Grocery Stores, and Virtual Sex Toys?
I. INTRODUCTION II. MCCURRY RESTAURANT V. MCDONALD'S CORP. AND GRUPO GIGANTE SA DE CV V. DALLO & CO.: TOWARD TREATING TRADEMARK AS REAL PROPERTY A. McCurry Restaurant v. McDonald's Corp. and the Problems with...
Quilt Artists: Left out in the Cold by the Visual Artists Rights Act of 1990
ABSTRACT INTRODUCTION I. COPYRIGHT PROTECTION FOR QUILTS AS "USEFUL ARTICLES" A. Copyrightable Subject Matter and Useful Articles B. Copyright Protection for Quilts II. VISUAL ARTISTS RIGHTS ACT OF 1990 A. Policy and Goals of VARA ...
The Thirteenth Annual Honorable Helen Wilson Nies Memorial Lecture in Intellectual Property Law: Innovation and Recovery
I. INTRODUCTION II. INNOVATION FOR RECOVERY A. The Diversity of Innovation 1. Economic Innovation 2. Regulatory Innovation 3. Governmental Innovation B. Pragmatic Innovation III. RECOVERY AND INNOVATION ...
The Time and Place for "Technology-Shifting" Rights
ABSTRACT INTRODUCTION I. THE INTELLECTUAL PROPERTY CHALLENGE: MOTIVATING Innovation without Impeding Progress II. FINDING BALANCE: THE FUNDAMENTAL PROBLEM OF LEGISLATIVE IMPLEMENTATION A. The Federal Patent Statute: Rights and Exceptions ...
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
ABSTRACT I. INTRODUCTION II. HISTORICAL BACKGROUND OF OBVIOUSNESS III. THE NATURE OF BIOTECHNOLOGY MEDICATION AND PHARMACEUTICALS IV. OBVIOUSNESS IN OTHER PATENT SYSTEMS A. The Practice of the European Patent Office B. Obviousness in...