“THE”: Ohio State University’s Improbable New Trademark

“THE”: Ohio State University’s Improbable New Trademark

By Sarah Horstmanshof Saint Louis University School of Law Juris Doctor Candidate, 2023 After a three-year battle with the United States Patent and Trademark Office (USPTO), The Ohio State University has officially succeeded in securing a trademark registration for the word “THE”. The trademark registration itself protects specifically Ohio State’s athletic wear, such as t-shirts, baseball caps and other items…

Read More
Going Once, Going Twice, Gone

Going Once, Going Twice, Gone

By Jackson R. Hughes Saint Louis University School of Law Juris Doctor Candidate, 2024 Going once, going twice, gone. The gavel banged as a European art collector won the bid for Banksy’s “Girl With a Red Balloon.” With everyone’s attention on the auctioneer it took a moment for the commotion in the gallery to be understood. The print began to…

Read More
Enforcing Contracts And Quantum Meruit

Enforcing Contracts and Quantum Meruit

By Katherine Smothers Saint Louis University School of Law Juris Doctorate Candidate,  2024 When offering services to a potential client, whether it be for photography, music, or other projects, it is important to discuss what the client is looking for and what you can offer. Arguably it is most important to then take these agreed-upon terms and solidify them into…

Read More
Permission Needed . . . Permission Granted: Copyrights In Music

Permission Needed . . . Permission Granted: Copyrights in Music

By Kennedi Harmon Texas Southern University School of Law Juris Doctorate Candidate, 2024 Copyright is one of the most familiar types of intellectual property. Copyright holders have the exclusive right to use or allow others to use their works on agreed-upon terms. Copyright rights apply to music, writings, motion pictures, architectural designs and other creative works. Notice these are all…

Read More
NFTs And The Artists’ Rights

NFTs and the Artists’ Rights

By Katherine Smothers Saint Louis University School of Law Juris Doctorate Candidate, 2024 Many people when they hear the term “NFT'' think of different types of cryptocurrencies such as Bitcoin but that is not what an NFT is. An NFT is a nonfungible token, unlike cryptocurrencies, which are fungible tokens or currency like money that are exchangeable. NFTs are simply…

Read More
What’s Yours Is Mine: Copyright Protection And The Public Domain

What’s Yours is Mine: Copyright Protection and the Public Domain

By Jonnae Miller Southern University Law Center Juris Doctor, 2021 Among many things, New Year’s celebrations symbolize taking inspiration from our past mistakes and accomplishments to enhance our future selves. Around the globe, individuals celebrate the coming of New Year’s Day as the clock strikes midnight with a countdown, fireworks, and oftentimes a short-lived New Year’s resolution. Similarly, many authors…

Read More
Alter E-gos: A Legal Look At Video Game Dopplegängers

Alter E-gos: A Legal Look at Video Game Dopplegängers

By Sarah Horstmanshof Saint Louis University School of Law Juris Doctor Candidate, 2023 "Above all, video games are meant to just be one thing: Fun for everyone." — Satoru Iwata, late CEO of Nintendo It has often been said that imitation is the highest form of flattery, but in the gaming legal arena, the lines between harmless emulation and shameless…

Read More
How Ethical Is The Smithsonian’s Ethical Returns Policy?

How Ethical is the Smithsonian’s Ethical Returns Policy?

By Monica Thompson Saint Louis University School of Law Juris Doctorate Candidate, 2024 The Smithsonian Institution has adopted a new ethical returns policy in order to adapt to the changing morals, ethics, and legal practices surrounding cultural heritage. In the past, museums have fought to keep artifacts, artworks, and cultural objects in order to educate the public, protect acquisitions, and…

Read More
If The Hue Fits: The Intellectual Protection Of Color

If the Hue Fits: The Intellectual Protection of Color

By Kallee M. Hooley University of Iowa College of Iowa Juris Doctor Candidate, 2024 Can you tell the difference between Reese’s orange and Home Depot orange? Or the difference between Louboutin red and Coca-Cola red? Do the differences matter? Turns out, they may. Corporations are diligent in protecting their intellectual property, and rightfully so. Trademark, copyright, and patent applications are…

Read More
The Smart Copyright Act May Not Be So “Smart”

The Smart Copyright Act May Not Be So “Smart”

By Katharine A. Buescher J.D. Candidate 2024 Saint Louis University School of Law What started out as a way to create a healthier Internet for rights owners may become a way for police officers to take advantage of a law to avoid taking responsibility for their actions on the job. U.S. Senators Thom Tillis and Pat Leathy recently introduced the…

Read More