Current Staff | Volume 17 (2016-2017)

James F. Lathrop
Managing Editor
Matthew W. Silverstein
Manuscripts Editor Marketing Editor
Molly F. McCartney Ryan Bowersox
Symposium Editor Executive Articles Editors
Lauren Henderson Amelia E. Lowe
Development Editor Rachel A. Oplinger
Dianna Shinn Zachary L. Rhines
Senior Notes & Comments Editor Articles Editors
Amanda M. Brahm Jenna B. Coogle
Notes & Comments Editors Candice A. Diah
Maria Collins Matthew Kerschner
Lauren N. Freedman Luke E. Kraus
Kaitlin G. Westbrook Sarah Remes
Editorial Staff
Laura Browder Hunt Harris Dana Sisk
Chris Choe Drake Mason David Swenton
Ethan Clark Nicole Regna Cara Van Dorn
Thomas Gaffney
 Staff Members
Charity Barger  Anna-Bryce Flowe Derek Padilla
Luke Basha David Giesel  Maria Pigna
Robert Botkin Doriyon Glass Kate Riddle
Jacky Brammer Issac Halverson Garrett Rogers
Emily Burke Nan Hu Makenna Rogers
Libby Casale Mark Huffman Amanda Romenesko
Melanie Cormier  Joe Karam Samer Roshdy
Mitchell Davis David Layman Jonathan Salmons
Andrew Dinwiddie  Samantha Liu Hannah Smith
Megan Dyer  Emily Marcum Joseph Speight
Kerrie Edmondson Leanna Marino Marisa Stern
Katherine Escalante Brandy Nickoloff Courtney Wachal
Colin Ferriter Alfred Norris, III
 Brittany Wages
Michael Fleming  Briana O’Neil Zachary D. Young
 Faculty Advisors
Barbara R. Lentz  
Simone A. Rose

Cher Knows You Can Copyright This Font, But Not This Typeface

By: Brandy Nickoloff*| Staff Writer


Moshik Nadav designer behind Moshik Nadav Typography brought suit against Cher in the Southern District of New York for unauthorized use of his “Paris Logo”. Nadav claimed that Cher, her label Warner Bros. Records and other defendants copied the artistic elements of the logo for Cher’s 2013 album Closer to the Truth.

Nadav has a passion for design and sees typography as a distilled form of design. He has described his work as typography that composes high-end, lush typefaces that perfectly suit any premium design. The Moshik Navdav website displays Nadav’s different typefaces which include Lingerie, Paris, and Paris Pro, among others. Visitors of the website are able to purchase the fonts for use through different types of licensing structures. The right to use the fonts is given directly through the website with the terms of use policy acting as a “binding legal agreement” between the Nadav LLC and the web user. Nowhere on the site is there any symbol or language amounting to a federal copyright.

U.S. copyright laws protect “original works of authorship” in categories such as writings, art work, and music. The copyright gives the owner the right to control the way his work is used by others. A copyright exists from the moment that an original work is created. Registration of the copyright is not required for protection, but is recommended because it creates a public record of the copyright, can create eligibility for statutory damages and attorney’s fees in successful litigation, and, if an infringement happens within the first five years of publication, it could be considered evidence of a prima facie case in court.

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New York State is Setting a New Precedent on Financial Cybersecurity Regulation

By: Thomas Gaffney*| Staff Writer


On March 1, 2017, Maria Vullo, Superintendent of Financial Services for the Department of Financial Services in the state of New York, promulgated Part 500 of Title 23 of the Official Compilation of Codes, Rules and Regulations of the State of New York, into law. This new regulation is more commonly referred to as the controversial NY state financial cybersecurity rule. Many financial institutions fought this rule vigorously because they view the bill as unprecedented, overly restrictive, and extremely costly for compliance.

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Coachella Sues Urban Outfitters for Trademark Infringement

By: Maria Pigna*| Staff Writer 


Coachella Valley Music and Arts Festival, commonly known as Coachella, is a three-day event known for its musical performances of top artists, delicious food, world-class art, and its celebrated commitment to sustainability. Aside from the global attention this event receives every year, it has given itself another reason to make headlines. Coachella filed a trademark lawsuit against Urban Outfitters in the U.S. Central District Court of California on March 14, 2017.

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Can American Companies be Great Without Immigrants?

By: Cara Van Dorn*| Staff Writer


Trump’s recent address to Congress highlighted his pride in America’s status as the land of innovation and progress.  However, very few of the innovations that America proudly claims would have been possible without immigrants: Forty percent of Fortune 500 companies have founders that are immigrants or the children of immigrants; 30% of American-based Nobel laureates were born outside of America; Immigrants founded 24% of US engineering and technology start-ups, 43% of start-ups based in Silicon Valley, and 20% of the Inc. 500 companies.  Additionally, immigrants contributed to 60% of patent filings from innovative companies and authored more than 40% of the international patent applications filed by the US government.

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Lexmark: A Closer Look at the Patent Exhaustion Doctrine when Articles are Sold Outside the U.S.

By: Katherine Escalante*| Staff Writer

https://pixabay.com/en/printer-ink-toner-technology-print-933098/On March 21, 2017, the Supreme Court heard oral arguments in Lexmark International, Inc. v. Impression Products, Inc. relating to the doctrine of patent exhaustion. While the opinion is not yet available, the Supreme Court’s decision is expected to become a pivotal decision on the application of the patent exhaustion doctrine. The Supreme Court will review the Federal Circuit’s en banc decision finding: “(1) the first sale doctrine does not apply to patented articles sold subject to restrictions . . .; and (2) the first sale doctrine does not apply to patented articles sold outside of the United States.”

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Fiat Chrysler Admitting to Emitting?

By: Brandy Nickoloff*| Staff Writer


By Stratos L – https://www.flickr.com/photos/10547107@N03/13872046044/, CC BY-SA 2.0, https://commons.wikimedia.org/w/index.php?curid=32193570

On January 12th, 2017, the U.S. Environmental Protection Agency (“EPA”) issued a notice of violation to Fiat Chrysler Automobiles N.V. and FCA US LLC, a wholly owned subsidiary thereof, for alleged violations of the Clean Air Act (“CAA”). The EPA claim asserts that the light-duty models year 2014, 2015, and 2016 Jeep Grand Cherokees and Dodge Ram 1500 trucks with 3.0 liter diesel engines are equipped with engine management software that was undisclosed to the EPA. The secretly installed software allowed more than 100,000 of Fiat Chrysler’s diesel vehicles to emit pollutants above legal levels. Continue reading »

Consumer Financial Protection Bureau Files Suit against Navient in Preparation for Legal Showdown with Trump Administration

By: Jacky Brammer*| Staff Writer 


Recent lawsuits filed by the Consumer Financial Protection Bureau and the Attorneys General of the states of Washington and Illinois allege that Navient, the nation’s largest servicer of student loans, used illegal and deceptive practices to trap students into higher repayment plans for longer periods of time than necessary. Navient denies any wrongdoing.

The most serious allegation is that, from January 2010 to March 2015, Navient based employee compensation in part on manipulating student borrowers into postponing payments through forbearance which cost students an extra $4 billion in unnecessary fees. In another example, Navient is accused of shouldering disabled veterans with poor credit reports due to improperly marking their loan discharges as defaults.

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By: Cara Van Dorn*| Staff Writer


The Trump administration and a republican Congress have begun efforts to unravel the Department of Labor’s six-year-long effort to ensure that Americans saving for retirement receive only investment advice that is in their best interest.  The Fiduciary Rule, unpopular with conservatives and some members of the investment advice industry since its inception, was promulgated in response to a study by the White House’s Council of Economic Advisors that found that American workers lose more than $17 billion each year to conflicted investment advice.   Continue reading »

The Potential End to Chevron Deference – An Avenue for Changing the USPTO’s Broadest Claim Interpretation Standard

By: Katherine Escalante*| Staff Writer


*Data current as of: 5/31/2016

Many questions are looming with the recent passing of the bill in the United States House of Representatives (“House”) aimed at ending agencies’ judicial deference in promulgating rules.  The Regulatory Accountability Act was passed by the House on January 11, 2017.  If passed by the Senate, the bill would legislatively repeal the Chevron deference doctrine that gives deference to federal agencies interpretations when evaluating federal rules and regulations.  A principle that has been the foundation of judicial review of statutory interpretation by administrative proceedings since 1984.  The name comes from a Supreme Court case, Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., in which the Court held that deference would be given to agency interpretations, unless the interpretation was found unreasonable.  Continue reading »