DU-Lawyer Summer 2014-FINAL[1]

Recommendations

Info

LAW SCHOOL NEWSLouis), “students with diabetes” (University of South Florida),“one course at a time” (Cornell College), “touched by a nurse”(University of Colorado), “we’re conquering cancer” (Universityof Texas), “working toward a world without cancer” (Universityof Kansas Hospital) and “imagination beyond measure”(University of Virginia).Registrations and rights-claiming of this sort areunwarranted in higher education. Trademarks are meant tobe vehicles for reducing consumer confusion, not rewardsfor brand-building. Because trademark registrations signifyrights to commercial uses of words, rights holders and thepublic often mistakenly think they confer ownership of wordsthemselves. This misperception tends to promote risk aversionand stifle otherwise fair expression. Determining when a mark isconfusingly similar to another, or distinguishing impermissiblecommercial uses of a term from fair uses of it, is complicated.We should not want or expect institutions of highereducation to seek private rights in uses of language thatdescribe or promote educational services or represent attemptsto solve community concerns. These forays clutter the linguisticmarket and are producing a blizzard of marks in highereducation. Fueling the storm are institutions’ hypersensitiveimage-consciousness and the mistaken belief that any petphrase needs “protection” in the form of a trademarkregistration. Unfettered speech—long considered a hallmarkof academe—will potentially be buried under drifts ofregulated intellectual property.Most trademarks that gobeyond the simple protectionof institutional names, logosand insignias present poorlicensing opportunities, if any.Little is to be gained from this growing commodification oflanguage, despite the mostly vain hope that locking up terms thatdescribe academic programs and research initiatives will lead toadditional revenue. Most trademarks that go beyond the simpleprotection of institutional names, logos and insignias presentpoor licensing opportunities, if any.As more colleges construct their trademark portfolios inexpansive terms, many feel compelled to police any marketreference to the institution, even when the chances of marketconfusion and harm are minimal. Just ask the owner of Mary’sCakes & Pastries in Northport, Ala., who was accused by theUniversity of Alabama of trademark infringement in 2012.Her alleged misdeed? Selling Crimson Tide-themed cookiesand cakes. Or consult Cisco Systems, the computer-networkinggiant, sued by East Carolina University for trademarkinfringement in May 2013 over the tag phrase “tomorrowstarts here.” Cisco used the phrase on television to advertiseofferings unrelated to education.With the help of indulgent court decisions, colleges now canclaim trademark protection for their colors alone, leading WestVirginia University to sue a company selling blue-and-gold shirtssporting the cheer “Let’s Go! Drink Some Beers!” WVU claimedthat the colors and the phrase—which to fans might bring tomind “Let’s Go Mountaineers!”—infringed the university’s rights.Never mind that blue and gold are the official colors of the stateof West Virginia, or that the words “Mountaineers,” “WVU”and “West Virginia University” did not appear anywhere on theshirts. And speaking of market confusion, who, exactly, wouldbelieve that a university would condone sales of shirts thatencourage drinking?Yes, colleges have a responsibility to protect their assets,but their trademark portfolios should not be built as stockpilesthat inhibit free speech. We should reject a world wherecurricular features and research goals are marked like menuitems at a chain restaurant.Our institutions operate in the public sphere by design, withno prospect of a buyout made more attractive by an arsenal oftrademarks. Let institutions compete fiercely for students andallegiance and generate revenue from athletics wear and otherconsumables in the process. But please, let’s leave the rest ofhigher education as unmarked space, open for the public good.Jacob H. Rooksby, M.Ed., J.D., Ph.D, teaches Fundamentals ofIntellectual Property, Law and Higher Education, Social Media &the Law, Technology Innovation Law, and Torts.16 THE DUQUESNE LAWYER
FACULTY ACHIEVEMENTSSteven Baicker-McKeePUBLICATIONS/ARTICLES• Federal Litigator, 29(3) (2014, March).• Federal Civil Rules Handbook. St. Paul, Minn.: West. (2014).• Federal Litigator, 29(2) (2014, Feb.).• “Supreme Court’s Decision Clarifies Patent InfringementJurisdiction,” Jurist Forum, University of Pittsburgh Schoolof Law (2014, Feb. 13).• Federal Litigator, 29(1) (2014, Jan.).• Federal Litigator, 28(12) (2013, Dec.).• Federal Litigator, 28(11) (2013, Nov.).• Federal Litigator, 28(10) (2013, Oct.).Robert S. BarkerPUBLICATIONS/ARTICLES• “Natural Law and the United States Constitution,” Vision &Values, 22(1), 6 (2014).• Latin American Constitutionalism. 20 Willamette Journal ofInternational Law and Dispute Resolution, 1 (2013).Valarie BlakePRESENTATION• The Affordable Care Act: Early Outcomes and Legal Implications,Duquesne University School of Law, Pittsburgh, Pa. (2014,Feb. 22).Nicholas P. CafardiPUBLICATIONS/ARTICLES• Clergy Sexual Abuse Social Science Perspectives by C. M.Renzetti & S. Yocum (book review). Journal of Catholic SocialThought (2014).• Woodrow Wilson by A. S. Berg (book review). AmericaMagazine (2014).• The American Constitution and Religion by R. J. Regan (bookreview). America Magazine (2014).MEDIA• “Pope Francis, Time Magazine’s Person of the Year,” KDKANewsRadio 1020, Pittsburgh, Pa. (2013, Dec. 11).Susan C. HascallPUBLICATIONS/ARTICLES• Indigenous knowledge and criminal punishment: Restorativejustice in the Islamic Shari’ah. In A. A, Editor (Ed.) WorldCongress of the IUAES (p. 67). Manchester, UK: CompetitiveSelection (2013).Julia GlencerPUBLICATIONS/ARTICLES• “Got Skills? Adding Skills Through Professional & BusinessDevelopment Exercises” (with Karsman, E., & Willke, T.),Second Draft, 18 (Fall/Winter 2014).PRESENTATION• Back to the Bar: Intensive Legal Writing Refresher, AlleghenyCounty Bar Association, Pittsburgh, Pa. (with Karsman, E.)(2013, Oct. 1, 8).Ken Gormley• “The Saturday Night Massacre 40 Years Later: How ourConstitution Trumped a Reckless President,” ConstitutionalDaily, National Constitution Center (2013, Nov. 15).• “Wisdom from Watergate” (op-ed), POLITICO, (2013, Oct.).PRESENTATIONS• The Saturday Night Massacre: 40 Years Later (organizer andco-moderator), National Press Club, Washington, D.C.(broadcast on C-SPAN television) (2013, Oct.).• Providing Civil Legal Services to Low Income Clients,Testimony, Pennsylvania Senate Judiciary Committee (2013,Oct.).• The Saturday Night Massacre, Jefferson County BarAssociation’s Judges Regional Unit III (2013, Oct.).• The Saturday Night Massacre, Keynote Address, PhiladelphiaBench-Bar Conference, Atlantic City, N.J. (2013, Oct.).• How Law Schools Can Help Deliver Legal Services tothe Underserved, Legal Services Corporation NationalConference, Pittsburgh, Pa. (2013, Oct.).• The Clinton Presidency, Keynote Address, Beaver CountyBench-Bar (2013, Sept.).MEDIA• Interview, Atlantic Television, Nutopia, The NationalGeographic Channel, New York City, N.Y., “The ’90s:The Last Great Decade?” (2014, Feb.).• Interview, WITF Radio, “Proposed ConstitutionalAmendment to Change Retirement Age of Judges”(2013, Nov.).• Interviews for KQV, KDKA and Pittsburgh Post-Gazetteregarding Supreme Court’s new term (2013, Oct.).Kenneth E. GrayPUBLICATIONS/ARTICLES• Pennsylvania Practice: Mortgages in Pennsylvania (Vol. 15).St. Paul, Minn.: West. (2014 Pocket Part).SUMMER 2014 17
Page 1 and 2: THESUMMER 2014The Duquesne Universi
Page 3 and 4: CONTENTSFEATURESLee Weidman’s Pag
Page 5 and 6: On a different note, I’d like to
Page 7 and 8: Westinghouse represented a myriad o
Page 9 and 10: A Passion for Giving:New Scholarshi
Page 11 and 12: would be to provide on into the fut
Page 13 and 14: emember things but must remember wh
Page 15 and 16: LAW SCHOOL NEWSNew Family Law Clini
Page 17: Marking Higher EducationJacob H. Ro
Page 21 and 22: Ronald J. RicciPUBLICATIONS/ARTICLE
Page 23 and 24: Mayor Bill PedutoClass of 1973 rece
Page 25 and 26: CLASS ACTIONS1961Peter Vaira was ap
Page 27 and 28: Amanda H. Sargent was promoted tome
Page 29 and 30: Daniel R. Schimizzi accepted a posi
Page 31 and 32: 2013 AlumniReceptionsPittsburgh, Pa
Page 33 and 34: STUDENT BRIEFSTrial AdvocacyDuquesn
Page 35 and 36: The Trayvon Martin Case: Was Justic
Page 37 and 38: Corporate Law SocietyOn Jan. 16, th
Page 39 and 40: ENERGY & MINERAL LAW LUNCH & LEARN:

DU-Lawyer Summer 2014-FINAL[1]

Create successful ePaper yourself

Delete template?

Save as template?