This paper discusses notable intellectual property law caselaw in the United States in 2013. The Supreme Court decided four patent cases, holding that isolated human DNA is not patentable; that lawsuits alleging legal malpractice in patent cases are to be litigated in state, not federal, court;...

In Dastar Corp. v. Twentieth Century Fox Film Corp. Justice Scalia colorfully warned against resort to trademarks law to achieve protections unattainable by copyright, lest these claims generate quot;a species of mutant copyright law that limits the public's 'federal right to quot;copy and to...

This paper makes a detailed analysis on how parody affects the fashion industry. In addition, the scope of this paper is to advocate the need for a better balance between parody and fashion, which can be arranged by affixing the Trade Mark Dilution Revision Act. This paper starts by making a...

In intellectual property law, “exhaustion” refers to the extinction of the entitlement to prevent the further sale of a product once the product has been put on the market. Developing such a limitation becomes necessary in order to reconcile the exclusivity granted under intellectual...

We examine the interrelationships between firms' efforts to leverage different types of intellectual property (IP) rights. While prior research has tended to view different forms of intellectual property as substitutes, we argue that they can also be viewed as complements. We motivate this...

The modern age of internet and online content has left many newspaper publishers devoid of their physical business. To overcome financial hurdles, news publishers have started operating E-papers on a subscription basis. In a peculiar issue before the Hon’ble Delhi High Court, popular news...

Over the last twenty years, IP infringements in online platforms and e-commerce Intermediaries have been fast growing. Since direct infringers are usually posting content online anonymously, trademark and copyright holders try to seek enforcement under secondary liability against Internet...

Trademarks on recordings are routinely used to ensure the accuracy of identifying information that music consumers may care about. Yet under the U.S. Supreme Court’s 2003 decision in Dastar Corp. v. Twentieth Century Fox Film Corp., the federal trademark statute is not concerned with the...

After reviewing the standards of secondary liability for copyright and trademark infringement in the online context, this Article considers the extent to which the liability of online service providers would change if a DMCA-like safe harbor scheme was applied in cases of secondary trademark...