From Designing Property to Intellectual Property

Before attending law school, I worked as an interior designer in Chicago for about three years. When I started my career, I was excited to be a part of a creative industry to push the limits of design and wow the world with innovation!

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AI and IP: Bananas, Bots, and Brains

As technology develops, the growing presence of Artificial Intelligence (AI) within our lives becomes more prominent. AI predicts what we want to watch on TV, what food we want to eat, and what we want to type. The predictive abilities of AI have begun to even encroach upon the creative space. The use of AI as a tool in arts and science is not new, however. Scientists have used the residual processing power from video game consoles to assist AI in processing models for the potential folded structures of proteins. What is new however is the use of AI to create a new product with little human input entirely.

This raises important questions in intellectual property (IP) (Particularly in the fields of patent and copyright law.) If an AI invents something useful or creates an expressive work, who will own the IP  in that work? If the invention is patentable, who is the inventor? The AI or the creator or owner of the AI? Similarly, if an expressive work is copyrightable, who is considered the author? Answering these questions is essential in determining who will ultimately own the IP.

Thus far, the question of AI inventorship or authorship has hinged on the fact that such creations are a result of a non-human entity. To begin to understand how such creations from non-human entities are treated, we first look at how non-human authorship is treated by the courts.  We will start at the beginning – before AI was considered an inventor.

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The Benefits (and Difficulties) In Protecting Trade Secrets in a Digital Age

When most law students think of protecting an invention or technology, they immediately jump to patents, which is a type of IP granted by the government to protect inventions. However, trade secrets are also a type of intellectual property that can protect technology. And, trade secrets can sometimes be more useful – and valuable – than patents. As we will see, companies are increasingly turning to trade secrets as a means of protecting their intellectual property. Some of the biggest IP litigation cases in recent years have involved trade secrets. Almost every company uses trade secrets to protect information. A downside to trade secrets however, is that they are sometimes difficult to protect. Continue reading

From Pre-Med Student to Entertainment/IP Lawyer…?

As a first generation American, daughter of immigrants, my family’s three options for my future were “doctor, lawyer, or engineer”. There was no flexibility, nor was there any other option for me besides going to grad school.

Since my mom has been a constant source of inspiration, it was long assumed that I would follow in her footsteps, she was my hero. Nightly dinner table conversations of the complex surgeries she was part of left me in awe.

I ended up being pre-med for two years, shadowed an endless number of surgeons, and really thought medicine was what I wanted to pursue. At the time though, I had no idea what was ahead for me in law (cue IP).

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Knowing Your Audience: The Importance of Venue in Patent Litigation

As a summer associate working in patent litigation, I kept seeing the same judge’s name in the same district court. At first, I had no idea why this was the case. However, I’ve since learned how important venue is in patent litigation.

Selecting the right venue is crucial in patent litigation cases, because where a case is filed can impact its likelihood of success. So, what exactly is venue? And why is it so important to patent litigation? Allow me explain.

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Battle of the Band Names: Trademark Disputes Between Band Members

A good band name is an incredibly valuable commodity. Pearl Jam might not be one of the most enduring rock bands of all time had they kept their original plan of being named after a disgraced former NBA player, or one. An audience may not recognize individual band members, but when they perform under one famous name, fans flock to support the group.

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Copyright Trivia: Music Edition

Which of the following acts violates copyright? Choose all that apply.

  1. Photocopying living American composer Philip Glass’ “Akhnaten” (1983) scores for a famous orchestra to perform for a live audience without paying.
  2. Using a portion of Frederic Chopin’s “Nocturne Op. 9 No. 2” (1830) in your new pop song.
  3. Recording your own quintet performance of “Strum” (2006) by Chicago Symphony Orchestra’s Composer Jessie Montgomery with her permission.
  4. Playing “Married Life” by Michael Giacchino, the song from Disney Pixar’s adorable film UP on FM/AM radio at the bookstore.

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An Unconventional Path to IP at Loyola

An Inorganic Start

When asked why I chose to study intellectual property (IP), my most common answer is because of my unconventional wisdom.

Although this is true, it’s also a reference to my alma mater’s catch phrase, “Unconventional Wisdom.” Its true definition was a catch-all for not only describing the quirkiness of our university, but also how people used their unique experiences to solve problems and reach conclusions.

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Jodorowsky’s Dune – How Understanding Copyright Can Save You $3 Million

Recently, the concept of NFTs, or Non-Fungible Tokens, have taken over the internet as the new, hot investment. Unfortunately, so too have people’s misconceptions about what owning an NFT actually is. Many investors think that owning an NFT of a digital image means owning the underlying copyright to the image. Spoiler alert – it doesn’t.

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