• Archive for May, 2015

    Lee IP Article Makes “Best Of” List

    by  • May 13, 2015 • Faculty in the News, Scholarship • 0 Comments

    Professor Edward Lee’s article The Global Trade Mark (35 U. Pa. J. Int’l L. 917 (2014)) has been selected by the Intellectual Property Law Review as one of the best intellectual property articles of 2014. The article will appear in the 2015 edition of the Intellectual Property Law Review’s annual anthology, published by Thomson Reuters (West).

    Read an abstract of the article below, or download at http://ssrn.com/abstract=1804985.

    This Article offers a proposal for World Trade Organization (WTO) countries to adopt global intellectual property rights for a special class of trademarks: famous or well-known marks. Well-known marks are well-suited for greater departure from the territoriality principle, given the transnational protections for well-known marks that already exist under the Paris Convention and TRIPS Agreement. This Article proposes creating a Global Trademark (GTM) for well-known marks, to be governed by one, uniform international law. The GTM will span all countries in the WTO. The GTM is inspired, in part, by the Community Trade Mark (CTM) in the European Union, the first truly transnational intellectual property form. While the CTM is regional in scope, the GTM will be international.

    This Article proceeds in five Parts. Part I discusses the theory behind the Global Trade Mark (GTM) and why it is worth adopting today. Part II discusses the outlines of the proposed Global Trade Mark Treaty, whose signal feature will be to establish a uniform body of international law to govern the GTM and an International Court of the GTM to resolve conflicts over its interpretation. Part III discusses the two Pathways by which a trademark can be registered as a GTM: (1) international registration of an existing famous mark that is famous in a certain threshold number of countries (here under a proposed Rule of 7 countries, the formula of which is discussed below), or (2) an “intent-to-develop” registration of a mark an owner intends to make famous under the Rule of 7 countries within a prescribed time of 10 years. Part IV discusses enforcement of GTMs in national courts and post-registration issues, including abandonment and genericide. Part V addresses objections.

    Introducing the Spring 2015 Issue of Faculty Perspectives

    by  • May 8, 2015 • Featured Posts, Scholarship • 0 Comments

    Faculty Perspectives is published regularly to highlight recent faculty scholarship at IIT Chicago-Kent College of Law. The latest issue spotlights our faculty’s work in the area of law, gender, and society. Katharine Baker, in an article forthcoming in the Minnesota Law Review, argues that the criminal law has been an inadequate vehicle for addressing rape and the norm of male entitlement to sex. In an excerpt from her book just published by the Cambridge University Press, Felice Batlan traces the history of legal aid and women’s role in shaping it. And Michael Spak, along with colleague Jonathan Tomes, enumerate the practical problems they see with modifying the military justice system to better handle sexual assault cases. Also in this issue, constitutional law scholar Steven Heyman considers the recent conservative-libertarian turn in First Amendment jurisprudence at the U.S. Supreme Court.

    View the Spring 2015 issue of Faculty Perspectives below or online at http://bit.ly/1PuQFY3. Find more recent Chicago-Kent scholarship at http://www.kentlaw.iit.edu/faculty/recent-scholarship.

    Walters and Ross-Jackson Win 2015 SBA Faculty Awards

    by  • May 1, 2015 • Faculty in the News • 0 Comments

    Two Chicago-Kent faculty members were honored at the Student Bar Association awards ceremony on April 27: Prof. Adrian Walters was named SBA Professor of the Year, and Marsha Ross-Jackson, Assistant Dean for Student Professional Development, was named SBA Adjunct Professor of the Year. Read the nomination text for both awards below.

    Walters SBA award

    Nomination text: Prof. Adrian Walters is a brilliant man who cares deeply about not only the success of his students but also actually getting to know them. He had made an effort to memorize all of our names before our very first class with him. Professor Walters also regularly updates his blog about any type of Contracts or legal issue he is interested in at the moment and encouraged his students to read it when it pertained to their learning. He facilitated the learning process inside and outside of the classroom and kept Contracts as fun and interesting as it could possibly get.

    ross-jackson SBA award

    Nomination text: Dean Ross-Jackson has been instrumental in increasing diversity and inclusion at Chicago-Kent. Dean Ross-Jackson is the frontrunner for Chicago-Kent’s diversity week and other diverse events on campus. In addition, she serves as Director of the Pre-Law Undergraduate Scholars Program and has been active in promoting Chicago-Kent to underrepresented high school students through DiscoverLaw, a program designed to give high school students a taste of the law school experience. Dean Ross-Jackson has been a tremendous role model, leader, and mentor at Chicago-Kent.