The McCarthy Institute at ASU Law

A new article has been posted by Lesley Forst Michalegko on whether an individual can own a specific trend and, if so, how that will impact the influencer market in the future. "Can You Own A Trend?" explores the case of?Sydney Nicole LLC v. Alyssa Sheil LLC, highlighting the recent trend of "beige minimalism" or the "clean girl" look and considering whether an individual can be liable for copyright infringement, misappropriation of likeness, and trade dress infringement of a popular aesthetic. Lesley Forst Michalegko is a 3L JD candidate at the Sandra Day O’Connor College of Law at Arizona State University. She is interested in data, privacy, biotechnology, and health law. During her time in law school, Lesley served as a Law, Science, and Innovation Scholar as well as a McCarthy Fellow. Lesley has over a decade of professional experience managing research portfolios and developing and implementing science and sustainability policy initiatives. At ASU’s Center for Science, Technology, and Environmental Policy Studies, she led federally funded research projects and developed SciOPS, an innovative science communication platform. Lesley’s legal work includes supporting civil litigation as an intern at the Arizona Attorney General’s Office and conducting research on genomics-related litigation as a law clerk with LSP Group LLC. Through her legal studies and work experience, Lesley is committed to advancing solutions to complex challenges at the nexus of law, science, and policy. Please read the article here: https://lnkd.in/gqy-cr73

Today’s “What is IP Law?” Lunch Event served up a feast of insights (and sandwiches, of course). Three brilliant attorneys—representing the distinct worlds of associates, partners, and in-house counsel—took us on a guided tour of their careers in intellectual property. Turns out, there’s more to IP law than patents and paperwork. Big thanks to our panel for sharing their stories and dropping practical advice for students who might want to follow in their footsteps. Left to right:?Maria Crimi Speth?–?Shareholder, Jaburg Wilk Law Firm;?Justin Powley?– Principal IP Counsel, Axon Enterprise;?Joseph "Rocky" McKay?–?Associate,?Womble Bond Dickinson (IP Practice Group). #IPLaw #CareerAdvice #SchoolLunchDoneRight #IPLaw #CareerInsights #MentorshipMatters

A new article has been posted by Ben Alto on whether the preparation of a dish at a restaurant should be considered part of that restaurant's protectable trade dress. "Case Analysis: Sun Nong Dan Foods, Inc. v. Kangnam1957, Inc." explores the U.S. District Court's consideration of the dish’s ingredients, visual presentation, and secondary meaning in answering the question of whether a dish is protectable trade dress. Benjamin Alto is a 3L Juris Doctorate candidate at the Sandra Day O’Connor College of Law, Arizona State University, with a focus on Intellectual Property law. He currently serves as a McCarthy Institute Fellow since 2023. Ben has a background in patent and trademark prosecution and litigation, having worked with the Lisa Foundation Patent and Trademark Clinic, Unified Patents, and The Ideas Law Firm PLLC on a variety of trademark and patent matters. As an undergrad, Ben studied Materials Science & Engineering at the University of California Davis, where he learned to dress in a “bunny suit” and perform tests on microelectronics in a clean room. In addition to his academic pursuits, Ben is an endurance sport masochist. When he’s not studying, you can usually find him riding or working on his bike or off on a ten-mile run. After completing his studies at the Sandra Day O’Connor College of Law, Ben intends to pursue a career in Intellectual Property Law at an enterprising law firm in Northern California. Please read the article here: https://lnkd.in/gwwGYKme

Thank you to all of our panelists and everyone who attended SELJ’s Symposium yesterday. It was an incredible evening filled with thoughtful and insightful discussions about harmonizing Al and entertainment law. Special thanks to Brandon Drea, Paige Kaplan, David Saidi, and Sam Turner, who were on the film and television panel, and Trevor Reed, Krystle Delgado, Nyasha Foy, Esq., Kenneth Freundlich, and Monica Zhang, who were on the music panel. It was also wonderful to partner with the Jurimetrics Journal at ASU Law. Thank you to Jurimetrics and all the other ASU Law organizations who helped make this event a reality. We would also like to give a special shoutout to SELJ's own Danielle Gershen and Nicole Salars, who helped plan and orchestrate such a great evening! #EntertainmentLaw #ArtificialIntelligence #LawJournal #Symposium

A new article has been posted by Sarah Siddiqui on the seminal trademark case of Matal v. Tam. "Matal v. Tam’s Implications for Trademark Law and the First Amendment" explores the impact of the First Amendment on the registrability of derogatory (and similarly controversial) terms. Sarah Siddiqui is a 2L at the Sandra Day O’Connor College of Law. Before law school, she graduated from UCLA with a degree in political science. Currently, Sarah is an Associate Editor for Jurimetrics and a fellow at the McCarthy Institute. Please read the article here: https://lnkd.in/ge_D8W_2

A new article has been posted by Bianca Moazez on the patentability of human genes and other genetic material. "A Decade of Influence: Revisiting Association for Molecular Pathology?v. Myriad Genetics, Inc." explores the influence of the courts on the biotech industry over time as the courts tackled the difficult question of whether (and, if so, which) genetic sequences are patentable. Bianca Moazez is a 1L at the Sandra Day O’Connor College of Law at Arizona State University with a strong interest in law, science, and innovation. It is, therefore, no surprise that she is a Law, Science, and Innovation (LSI) Center Scholar. She also serves as a 1L Representative for the Law and Science Student Association (LASSA), an Admissions Student Representative, and a Barbri 1L Representative, engaging with her peers about legal education resources. Bianca is passionate about the intersection of law, technology, and scientific innovation, exploring how emerging advancements shape legal frameworks and policies. In addition to her interest in intellectual property, she possesses a deep passion for writing, whether she is analyzing legal and societal issues or expressing herself through poetry. Please read the article here: https://lnkd.in/g9QmmanF

A new interview has been conducted by Payton Love featuring Professor Jon E. Kappes (ASU Law) on preparing to work in patent prosecution and litigation. The interview explores Professor Kappes' advice on topics such as the technical background requirement and challenges facing future IP attorneys. Payton Love is a 2L at the Sandra Day O’Connor College of Law and serves as the Co-Chair of the Symposium Branch at the McCarthy Institute. He earned his undergraduate degree in Business Administration at Grand Canyon University. This past summer, Payton externed at the United States Federal District Court with Judge Brnovich. After law school, Payton aspires to build a career in intellectual property and business law. Please read the interview transcript here: https://lnkd.in/gXFMNzaE

A new article has been posted by Eunmi Kang on the current lack of a regulatory scheme for AI. "Grand Compromise: Complexity of Stakeholders and Ad-hoc Regulations for AI" explores the groundbreaking achievements of Dr. David Baker and Google's AlphaFold2, while highlighting the need for regulating AI tools in the face of their potential for ethical, legal, and intellectual property challenges. Eunmi K. is a second year law student at the Sandra Day O’Connor College of Law. She graduated from law school in South Korea before moving to the United States. Previously, she worked at the Human Rights Commissioner’s Office in South Korea, working with foreign clients. She is a Fellow of the McCarthy Institute and has worked as a legal research aide on topics of technology governance. Please read the article here: https://lnkd.in/gRSbitBp

Eager to engage with attorneys and legal professionals at the heart of AI and entertainment law? Come join the McCarthy Institute, Jurimetrics, and the Corporate and Business Law Journal for this fantastic symposium hosted and organized by the Arizona State Sports & Entertainment Law Journal here at ASU Law on Monday, March 17th at 5:30 PM! For more information and to RSVP visit this link: https://lnkd.in/gbHZsJse

A new interview has been conducted by Faith Keist featuring Will Prorok, patent attorney and founder of Prorok Patents. The interview explores what it is like to be a solo patent practitioner in the San Francisco Bay Area as well as general considerations for IP matters in the world of semiconductors. Faith Keist is a 1L at Sandra Day O’Connor Law School. She is the Marketing Coordinator for the Copyright Symposium within the McCarthy Institute. She has an interest in both government and public policy work and international human rights law. She is hoping to receive an internship for human rights work over the summer and government work in Arizona over the fall term. Faith is also hoping to attend the D.C. program within ASU and spend her spring of 2L and fall of 3L in D.C.?Within Intellectual Property Law, Faith is specifically interested in copyright and trade secret laws. She is hoping to intertwine her interest in public policy and IP rights in her career in the future. Please read the interview transcript here: https://lnkd.in/g7ZMch82