Intellectual Property

Differential Formalism in Claiming Intellectual Property: A Response to Fromer

Henry Smith - Harvard Law School

This article is a response to an earlier posted piece by Jeanne C. Fromer: Claiming Intellectual Property.
Claiming intellectual property is an act of communication, but as with all communication not everything can be spelled out with exactitude all the time—far from it. By drawing out an additional distinction between… Read More »

Claiming Intellectual Property

Jeanne C. Fromer - Fordham Law School

By writing a series of James Bond novels, Ian Fleming qualified for American copyright protection, pursuant to which works created by others without license and found by courts to be substantially similar to the novels would generally infringe his copyright.  Imagine instead that Fleming would have had to draft a… Read More »

The Surprising Virtues of Treating Trade Secrets as IP Rights

Mark A. Lemley - Stanford Law School

Trade secret law is a puzzle. No one can seem to agree where trade secret law comes from or how to fit it into the broader framework of legal doctrine. Courts, lawyers, scholars, and treatise writers argue over whether trade secrets are a creature of contract, of tort, of property,… Read More »

Intellectual Property for Market Experimentation

Michael Abramowicz & John F. Duffy

Why did it take decades from the time inventors first developed wheeled suitcases before they were put on the market?  Why haven’t the courts concluded that trademarks like “Band-Aid” and “Rollerblade” are now generic?  Why did many analysts doubt the business wisdom of launching Netflix even after customer subscriptions exceeded… Read More »

Welcome to Legal Workshop

New York University & Stanford University

Below is a brief introduction to the Legal Workshop project. We hope you enjoy getting to know us, and we welcome your feedback.
 
Mission:
The Legal Workshop website provides a single online forum for cutting-edge legal scholarship from the top law journals in the country.
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