Posted: October 4th, 2014
By: Samantha Berner* | Staff Writer
One great aspect of the Journal of Business and Intellectual Property Law is the opportunity for law students to get published. Each semester, the Journal picks a select few submissions from within Wake Forest to be published and featured within each issue. The following three students were selected from the Spring 2014 submissions and tell us a little about their note or comment, their inspiration, and a little bit about themselves.
Making the Case for Interns: How the Federal Courts’ Refusal to Protect Interns Means the Failure of Title VII
Hannah, a 3L from Park City, Utah, discusses the issues that arise under Title VII since interns are not currently covered as “employees” under the Act. Title VII of the Civil Rights Act of 1964 “prohibits employment discrimination based on race, color, religion, sex and national origin.” Because interns are not protected, there is nothing to prevent employers from engaging in discriminatory practices while hiring, interacting with, and firing interns. Hannah argues that interns should be covered by Title VII because an internship is part of the hiring process and their experience is reflective of a general work environment for the employee. She fears that if interns are not covered, there will be continued discrimination. Hannah proposes that a new definition of “employee” is created, one that is more reflective of Title VII’s goals, which in turn would include interns.
Hannah was inspired to research and write on this topic after she learned interns were not covered and felt that from her experience as an intern, they should be. After graduation, Hannah hopes to work for legal aid in North Carolina.
Fun Fact: Hannah played water polo during her undergrad at the University of Puget Sound in Washington. In addition, she worked for Starbucks before attending law school and can make a mean Pumpkin Spice Latte.
Trademark Protection the Craft Brewing Industry: A Beer by Any Other Name May Be an Infringement
Rebecca Winder, a University of Pittsburgh graduate from Mifflintown, Pennsylvania, was interested in trademark protection within the craft brewing industry after working for Dogfish Head Craft Brewery during her 1L summer. Specifically, Rebecca looked at the tension within the craft brewing industry caused by the conflict between the nature of federal trademark registration and the industry’s culture. Rebecca’s consistent interest in trademarks, along with her experience working for a craft brewery, made her the perfect person to research and write on this topic.
In addition, Rebecca hopes to pursue a career in trademark law after graduation from law school.
Fun Fact: After two years of working at a brewery, Rebecca still does not like beer (but does appreciate high quality craft beer).
International or National Exhaustion: The Need for Legislative Intervention Regarding the First Sale Doctrine
Chase, a JD/MBA student from Pensacola, Florida, became inspired to learn more about domestic and international textbook prices after years in both undergrad and law school spending copious amounts of money on textbooks. After doing some research, Chase discovered the First Sale Doctrine, which provides that as a copyright owner, one can control the distribution of their product up until its first sale; after the product is sold, however, the buyer has full control over the product. Chase also learned of a man from Thailand who imported books from his country into the US and would sell them, resulting in approximately $30,000 worth of profit in just a few years due to the price differences. This doctrine, along with this case, created the issue of whether the First Sale Doctrine applies only in domestic products or whether it also applies when products are sold internationally.
After graduation, using his joint JD/MBA degree, Chase hopes to be involved in public finance transactions.
Fun Fact: Chase got engaged to his girlfriend, a medical student, this summer.
*Samantha Berner is a third year law student at Wake Forest University School of Law. She holds a Bachelor of Arts in Criminology from the University of Florida.