This past Friday was a memorable day for Marquette Intellectual Property & Technolgy Program. Professor Mark A. Lemley, the William H. Neukom Professor of Law at Stanford Law School, the Director of the Stanford Program in Law, Science and Technology, and a founding partner of Durie Tangri LLP, delivered the Distinguished Annual Hon. Helen Wilson [...]

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The Persistence of Legal Error

Posted by: | February 15, 2011 | 2 Comments

When I was in my first semester of law school, I was given a short memo assignment involving some principle of Connecticut contract law. I quickly found a case stating the relevant rule of law—every contract needs consideration, or something. But it quoted an earlier case. Being a good historian, I knew I couldn’t just [...]

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It is commonly known that Bob Dylan was originally Robert Zimmerman of Hibbing, Minnesota.  The legendary singer left Hibbing in 1959 to enroll at the University of Minnesota, and then less than a year later moved to New York where he achieved fame and fortune as a folk and later rock and roll performer.  Sometime [...]

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Now available online, the recently published student comments in the Marquette Law Review cover a wide range of topics.  They include Nathan Petrashek’s comment on the impact of online social networking on Fourth Amendment privacy.  Since social networking sites like Facebook and MySpace attract both criminals (e.g., sexual predators, identity thieves) and the police who investigate [...]

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[Editors' note: This is the fifth in our series, What Is the Most Important U.S. Supreme Court Case in Your Area of the Law? The first four installments are here, here, here, and here.] There have been several important copyright cases before the Supreme Court since the first, Wheaton v. Peters, in 1834 (over, appropriately [...]

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This week’s review of blog postings and news stories of note focuses on subjects that might seem trivial, but that interest me nonetheless. 1. Comic Books My brother and I had an extensive collection of comic books when we were growing up.  We even owned two (two!) mint editions of Conan the Barbarian number 1.  [...]

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Yesterday, I posed the following questions: What is identity? As we define the right, should we only protect a person’s authentic identity (name, likeness, voice, etc.), or do we protect that constructed identity? Are Madonna’s many personas as valid as Janet’s one? These questions of authentic and constructed personas are still very much an issue [...]

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Summer is here and, much to my joy, videos are back! The confluence of Lady Gaga, Glee, OK GO, and You-Tube has reminded us of the great art form of the 1980s, the video, a four- to five-minute presentation of a lip-synched musical song in which dance-choreography was more often than not a crucial element. [...]

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The ownership rights to live athletic events has been the subject of much legal controversy since the rise of commercialized spectator sports a century and a half ago. In 1885, the Detroit Wolverines baseball club, then a member of the National League, sued John Deppert ,who owned a barn adjacent to Recreation Field, where the [...]

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Irene Calboli has a new paper on SSRN entitled “A Critical Analysis of the Doctrine of Naked Licenses in Trademark Law.”  A trademark owner may license others to produce and sell goods bearing his or her mark, but  the owner must normally take steps to preserve control over the quality of the goods or the license may be regarded as “naked” and hence invalid.  Irene’s [...]

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Congratulations to the staff of the Marquette Intellectual Property Law Review for the completion of a new issue.  All of the articles are available in pdf here.  Outgoing editor-in-chief Laura Steele sends along the following announcement and summary of the issue: On behalf of the staff of the Marquette Intellectual Property Law Review, I am pleased to [...]

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Look around your home and you are sure to find no shortage of cheap promotional items carrying the logo of one business or another.  In fact, I happen to have in front of me right now three pens emblazoned with the names of three different national hotel chains.  None of the hotel chains are especially trendy, so it [...]

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