Articles

We All Know It’s a Knock-off! Re-evaluating the Need for the Post-sale Confusion Doctrine in Trademark Law

Counterfeit luxury goods have become an undeniable part of the global economy. It is estimated that these goods account for roughly seven percent of the global marketplace. With the emergence of the counterfeit market, consumers have become sophisticated shoppers who are knowledgeable and educated about their brand preferences as well as the availability of counterfeits,

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Connie Davis Powell, We All Know It's a Knock-off! Re-evaluating the Need for the Post-sale Confusion Doctrine in Trademark Law, 14 N.C. J.L. & Tech. 1 (2012), available at http://ncjolt.org/wp-content/uploads/2013/01/9_Powell_Final.pdf.

Online Streaming Under National Association for the Deaf v. Netflix, Inc. and the CVAA

In 2010, Congress enacted the Twenty-First Century Communications and Video Accessibility Act requiring video program owners to provide closed captioning for television programming streamed online. Although broad, these regulations do not apply to all video content streamed through online distributors, leaving the deaf and hearing-impaired without full accessibility to online programming. The Massachusetts District Court

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Virginia Wooten, Recent Development, Online Streaming Under National Association for the Deaf v. Netflix, Inc. and the CVAA, 14 N.C. J.L. & Tech. On. 135 (2012), available at http://ncjolt.org/wp-content/uploads/2012/12/Fall_Wooten_Final.pdf.

What Now? The Future of EPA Transport Programs Following Vacatur of the Cross-State Air Pollution Rule

Transport programs provide a means for the Environmental Protection Agency to regulate states’ emissions that endanger human health in neighboring areas. The Clean Air Interstate Rule and the Cross-State Air Pollution Rule are transport programs implemented under the authority of the good neighbor provision. However, the Court of Appeals for the District of Columbia Circuit

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Carla M. Gray, Recent Development, What Now? The Future of EPA Transport Programs Following Vacatur of the Cross-State Air Pollution Rule, 14 N.C. J.L. & Tech. On. 103 (2012), available at http://ncjolt.org/wp-content/uploads/2012/12/Fall_Gray_Final.pdf.

Interdigital v. International Trade Commission

Many patent cases turn on the meaning of terms in the patent claims. Although the standards for interpreting claims are somewhat fluid, there is a need for some degree of rigidity so inventors can protect their inventions. This Recent Development examines how the court in InterDigital Communications, LLC v. International Trade Commission applied various doctrines

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Neil Barnes, Recent Development, Interdigital v. International Trade Commission, 14 N.C. J.L. & Tech. On. 69 (2012), available at http://ncjolt.org/wp-content/uploads/2012/12/Fall_Barnes_Final.pdf.

The Gap Left by the Clean Energy and Economic Security Act in NC

Following months of polarized debates, the North Carolina legislature has legalized hydraulic fracturing and horizontal drilling through the enactment of the Clean Energy and Economic Security Act. Public discourse has primarily tracked concerns over energy security, environmental protection, and public health. What the dialogue has failed to adequately consider is the extent to which private

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Holly Bannerman, Recent Development, The Gap Left by the Clean Energy and Economic Security Act in NC, 14 N.C. J.L. & Tech. On. 35 (2012), available at http://ncjolt.org/wp-content/uploads/2012/12/Fall_Bannerman_Final.pdf.

Oracle America, Inc. v. Google, Inc.: The Only Nonliteral Aspects of Java APIs Protected Under Copyright Law Are the Ones Nobody Wants to Copy

In 1976, Congress revised the Copyright Act, extending protection to computer programs. The scope of this protection, however, has remained unclear. While all courts agree that source code is protected from direct copying, they disagree as to the extent of protection for nonliteral elements, such as the code’s structure, sequence, and organization. Oracle America, Inc.

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Jonathan Ambrose, Recent Development, Oracle America, Inc. v. Google, Inc.: The Only Nonliteral Aspects of Java APIs Protected Under Copyright Law Are the Ones Nobody Wants to Copy, 14 N.C. J.L. & Tech. On. 1 (2012), available at http://ncjolt.org/wp-content/uploads/2012/12/Fall_Ambrose_Final.pdf.

“Apps.Gov”: Assessing Privacy in the Cloud Computing Era

Volume 11, Online Edition (Nov 2012)

An information technology project “Apps.Gov” was announced by the Federal Government on September 15th, 2009. Google, Inc. is the principal contractor and is building a special data center facility for the project. In December, Google discovered a breach at another one of it data centers, which led to public concerns about cyber security and even

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Shahid Khan, "Apps.Gov": Assessing Privacy in the Cloud Computing Era, 11 N.C. J.L. & Tech. On. 259 (2010), available at http://ncjolt.org/wp-content/uploads/2012/11/V11_On_Khan.pdf.

Baby Mama Drama: Parentage in the Era of Gestational Surrogacy

Volume 11, Online Edition (Nov 2012)

Although recent decades have seen a boom in the development of technologies that manipulate the human reproductive cycle, many states have been slow to adopt laws regulating third-party reproduction. While a handful of states recognize the validity of gestational surrogacy contracts, others find such contracts to be against public policy. Most states’ statutes, however, are

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Ashley Peyton Holmes, Baby Mama Drama: Parentage in the Era of Gestational Surrogacy, 11 N.C. J.L. & Tech. On. 233 (2010), available at http://ncjolt.org/wp-content/uploads/2012/11/V11_On_Holmes.pdf.

Metered-Usage Billing and the Broadband Internet Fairness Act

Volume 11, Online Edition (Nov 2012)

Several metered-usage pricing schemes for broadband Internet are struggling or have already failed, with each experiencing large amounts of end-user backlash. The problem with price experiments is the severity of user backlash in response to even minimal tests of new schemes. Users often perceive pricing tests as threats to low-cost broadband, but Internet Service Providers

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Daniel Havivi, Metered-Usage Billing and the Broadband Internet Fairness Act, 11 N.C. J.L. & Tech. On. 214 (2010), available at http://ncjolt.org/wp-content/uploads/2012/11/V11_On_Havivi.pdf.

Cablevisions System Corp. v. FCC: Revisiting the Standard of Review for First Amendment Challenges in the Cable Television Context

Volume 11, Online Edition (Nov 2012)

Turner Broadcasting System, Inc. v. FCC (1997) set the standard of review for challenges by cable television operators who claim that federal laws such as the Cable Television Consumer Protection and Competition Act of 1992 violate their First Amendment right to free speech. That standard, intermediate scrutiny, holds that a content-neutral law will be upheld

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Isaac S. Lew, Cablevisions System Corp. v. FCC: Revisiting the Standard of Review for First Amendment Challenges in the Cable Television Context, 11 N.C. J.L. & Tech. On. 195 (2010), available at http://ncjolt.org/wp-content/uploads/2012/11/V11_On_Lew.pdf.

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