September 10, 2019
eBay Becomes a Girl’s New Best Friend as The Second Circuit Sidesteps The Nominative Fair Use Doctrine, Leaving Tiffany To Police Counterfeits In The Online Marketplace
This article examines the recent Second Circuit decision of Tiffany v. eBay and the effect it has on the nominative fair use doctrine. The Second Circuit was the first circuit to consider the doctrine of nominative fair use in the online marketplace. However, the Second Circuit failed to expressly recognize the doctrine, likely due in
Lisa Williford Arthur, Recent Development, eBay Becomes a Girl's New Best Friend as The Second Circuit Sidesteps The Nominative Fair Use Doctrine, Leaving Tiffany To Police Counterfeits In The Online Marketplace, 12 N.C. J.L. & Tech. On. 29 (2010), http://ncjolt.org/wp-content/uploads/2016/09/18_12NCJLTech292010-2011-1.pdf.
Patent protection has evolved since the inception of the Federal Circuit in 1982. Mandated to unify the fractured application of the patent laws, the Federal Circuit initially set out to reinforce the protections guaranteed to patented inventions. For the first couple of decades the Federal Circuit succeeded in strengthening the patent system. Recently however there
Dov Greenbaum, New Rules, Different Risk: The Changing Freedom to Operate Analysis for Biotechnology, 11 N.C. J.L. & Tech. On. 139 (2010), available at http://ncjolt.org/wp-content/uploads/2012/11/V11_On_Greenbaum.pdf.
At this time, it is not in the best interest of the United States to adopt, join, or participate in any international treaty resembling a cyberspace extension of the existing “conventional” international laws of warfare. With the activation of the United States Cyber Command, the United States has begun to take the necessary steps to
Tod M. Leaven & Christopher E. Dodge, The United States Cyber Command: International Restrictions vs. Manifest Destiny, 12 N.C. J.L. & Tech. On. 1 (2010), http://ncjolt.org/wp-content/uploads/2016/09/17_12NCJLTech12010-2011-1.pdf.
Spring Training for Electronic Search: Examining U.S. v. Comprehensive Drug Testing Inc. with regards to Evolving Trends in Computing
This Recent Development discusses the framework for electronic search that was laid out by the Ninth Circuit in U.S. v. Comprehensive Drug Testing, Inc. Though the Ninth Circuit’s framework has positive elements, the framework is fatally flawed because it does not account for the rapid evolution of computing technologies and does not account for recent
John T. Kivus, Spring Training for Electronic Search: Examining U.S. v. Comprehensive Drug Testing Inc. with regards to Evolving Trends in Computing, 11 N.C. J.L. & Tech. On. 115 (2009), available at http://ncjolt.org/wp-content/uploads/2012/11/V11_On_Kivus.pdf.
Technology changed the practice of medicine enabling telemedicine, the practice of medicine distantly through telecommunication systems. Telemedicine enables citizens living in rural communities throughout the United States to better access healthcare and medical services. House Bill 2068, introduced in April 2009, calls for further expansion of generalized and specialized telemedicine in rural communities for those
Lindsey T. Goehring, Recent Development, H.R. 2068: Expansion of Quality or Quantity in Telemedicine in the Rural Trenches of America?, 11 N.C. J.L. & Tech. On. 99 (2009), http://ncjolt.org/wp-content/uploads/2016/09/33_11NCJLTech992009-2010.pdf.
The music industry has changed dramatically during the last fifteen years. In particular, the rise of digital broadcasting illustrates the great disparity that currently exists in the royalty rate scheme for the radio broadcast industry. The current scheme dictates that Internet, satellite, and cable radio broadcasters pay royalties to both the song composer and the
Cassondra C. Anderson, Recent Development, “We Can Work It Out:” A Chance to Level the Playing Field for Radio Broadcasters, 11 N.C. J.L. & Tech. On. 72 (2009), http://ncjolt.org/wp-content/uploads/2016/09/32_11NCJLTech722009-2010.pdf.
Cyberbullying, which is bullying using technology and/or the Internet, is a new phenomenon that has devastating effects as demonstrated by the suicide of Megan Meier as a result of cyberbullying over MySpace. To address the problem, the 2009 North Carolina General Assembly passed and the governor signed HB 1261, “Protect Our Kids/Cyber Bullying Misdemeanor,” which
Michael R. Gordon, Recent Development, The Best Intentions: A Constitutional Analysis of North Carolina’s New Anti-Cyberbullying Statute, 11 N.C. J.L. & Tech. On. 48 (2009), http://ncjolt.org/wp-content/uploads/2016/09/31_11NCJLTech482009-2010.pdf.
Riegel v. Medtronic in Light of the Recent Trend in Preemption Cases: A Case for Amending the Medical Device Act
The Medical Device Act of 1976 governs the Food and Drug Administration’s premarket approval process for medical devices. In Riegel v. Medtronic, Inc., the United States Supreme Court held that the Act preempts state tort claims against medical device manufacturers. This Recent Development contends that the Court appropriately decided Riegel in light of its recent
Julie C. Solms, Recent Development, Riegel v. Medtronic in Light of the Recent Trend in Preemption Cases: A Case for Amending the Medical Device Act, 11 N.C. J.L. & Tech. On. 27 (2009), http://ncjolt.org/wp-content/uploads/2016/09/30_11NCJLTech272009-2010.pdf.
In the wake of a large rise of patent infringement suit filings in the Eastern District of Texas in recent years, critics have complained that the court is too receptive to such filings and too reluctant to transfer them to other districts. Accusations of forum shopping have been prevalent. However, as long as Congress provides
Paul M. Janicke, Patent Venue and Convenience Transfer: New World or Small Shift?, 11 N.C. J.L. & Tech. On. 1 (2009), http://ncjolt.org/wp-content/uploads/2016/09/29_11NCJLTech12009-2010.pdf.
No abstract available.
Anne Klinefelter, Library Standards for Privacy: a Model for the Digital World?, 11 N.C. J.L. & Tech. 553 (2010), available at http://ncjolt.org/wp-content/uploads/2016/09/27_11NCJLTech5532009-2010.pdf.
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