November 2022

From the Director

For over a decade, the Center for IP Research has served the intellectual property law community both locally and globally. This semester, we hosted several in-person events, IP Theory published new scholarship, we continued our national leadership in providing pro bono IP services, and also continued work on our new Law & Technology Program. We are pleased to share the following report on our latest activities.

Mark D. Janis
Robert A. Lucas Chair of Law
Director, Center for Intellectual Property Research

IU students get an assist from law students through Name, Image and Likeness Initiative

Students at Indiana University Bloomington will get an assist from their peers at the IU Maurer School of Law under a new Name, Image and Likeness Initiative through the school’s Center for Intellectual Property Research.

As students navigate the still-emerging complexities of the NCAA’s new policy surrounding name, image and likeness — also referred to as NIL — they’ll now have a homefield advantage: one of the country’s top intellectual property clinics.

Through a new Name, Image and Likeness Initiative at IU Bloomington, students will get needed legal representation, and law students will have the opportunity to develop important skills while working with peers.

“Our goal is to serve students who are negotiating NIL deals that might involve significant rights of the student but aren’t likely to generate enough revenue to justify hiring expensive specialized legal counsel,” said Mark Janis, director of the Center for Intellectual Property Research. “While the sports pages are full of stories about six-figure deals for star college football and basketball players around the country, we think that’s the exception. We aim to help students locally who have some great NIL opportunities but don’t always get extensive media attention.”

Believed to be one of the first initiatives of its kind in the country, this unique partnership is a win-win, Janis said. Students will get needed legal representation, and law students, working under the guidance of both full-time and adjunct faculty at the Law School, will have the opportunity to develop and hone important skills while working with peers.

The Name, Image and Likeness Initiative is available to more than 700 student-athletes at IU, with assistance provided on a first-come, first-served basis. It is also open to other IU students who have name, image and likeness opportunities.

“We expect to take on standard NIL deals and market representation agreements, and we’ll represent NIL clients using the protocols that we’ve developed in our work for clients over many years,” said Norm Hedges, clinical law professor at the Maurer School and director of the Intellectual Property Law Clinic.

“We run the clinic like a law firm, with experienced lawyers overseeing upper-level law students who are studying to practice in intellectual property law or related fields that would be relevant to NIL deals,” he said. “The only difference is that we don’t charge our clients lawyer fees."

Starting in June 2021, the NCAA changed its policy, giving wide latitude for states to decide how or whether to regulate students’ name, image and likeness deals. That has caused a dramatic shift in the landscape of college athletics.

IU Athletics Director Scott Dolson said the initiative is an innovative solution to issues facing many Hoosier athletes.

“The opportunity to partner with the Maurer School of Law to provide our student-athletes with dedicated resources to help them navigate these intellectual property issues will be an invaluable addition to the already world-class opportunities we provide our students,” Dolson said. “This partnership will be a tremendous learning experience for both our student-athletes and their peers at Maurer, and is the latest example of our department’s commitment to integrate with the Bloomington campus community.”

As the NIL Initiative becomes established, the center expects to expand its name, image and likeness services beyond the Bloomington campus, as it has already done for its general intellectual property law services.

In-Person fall semester events

"Representing Students in NIL Deals: A Name, Image, Likeness Panel Discussion"

When the NCAA adopted its new Name, Image, Likeness policy in the summer of 2021, it opened the door for students to earn compensation for product endorsement, advertisements, appearances, and more. Through a unique new partnership—believed to be one of the first in the country—Indiana Law students will have the opportunity to work with students on the Bloomington campus beginning this fall. Prof. Mark Janis moderated a panel of Prof. Norm Hedges who was joined by Abe Shanehsaz ’14, of Faegre Drinker, and Rebecca Pany, senior associate athletic director for sport administration and external partnerships for IU Athletics, as they discussed this new initiative and how NIL is affecting collegiate athletics.

IP Lunch Talk: Eyal Barash, "Pharmaceutical Patent Strategies in Drug Repositioning"

Eyal Barash, of Barash Law LLC, presented an IP lunch talk on "Pharmaceutical Patent Strategies in Drug Repositioning." The talk covered claiming strategies to optimize patent protection for innovative drugs. Mr. Barash has over two decades of experience representing clients in patent matters in the chemical arts.

IP Lunch Talk: Kenneth Germain, “Resolved: The Constitution Does Not Permit Dual Protection Under Design Patent and Trade Dress for the Same Subject Matter”

Ken Germain, of Wood Herron & Evans, presented “Resolved: The Constitution Does Not Permit Dual Protection Under Design Patent and Trade Dress for the Same Subject Matter.” Mr. Germain has co-authored a law review article on the topic, which lays out the constitutionality case and offers potential remedies. Mr. Germain has served as trademark counsel and as an expert witness in trademark matters for many decades, and was a law faculty member early in his career.

Fall IP Colloquium

Prof. Mike Mattioli hosted several speakers within the Law & Technology realm to speak in his Fall IP Seminar class.

Fall IP Colloquium Speakers

  • October 17: Professor Tejas N. Narechania (Berkeley) presented "Forum Crowding"
  • October 24: Professor Liza Vertinsky (Maryland) presented "Biomedical Public-Private Partnerships"
  • November 7: Professor James Grimmelman (Cornell) presented "Copyright Vulnerabilities in NFTs"
  • November 14: Professor Amanda Levendowski (Georgetown) presented "Trademarks as Surveillance Transparency"

IP Clinic Semester Highlights

The Center remains a national leader in pro bono IP services through its IP Clinic and its PatentConnect network.

Under the supervision of Adjunct Instructor, Allan Sternstein, Maurer’s IP Clinic is representing Brightlamp Inc. before the Court of Appeals for the Federal Circuit. Brightlamp is an Indianapolis software company that provides rapid neurological evaluation. The IP Clinic won dismissal of a patent infringement lawsuit against Brightlamp brought in the United States District Court, Southern District of Indiana.

Again, this year, the IP clinic partnered with numerous adjunct instructors from practice, including:

Trademarks & Copyrights
Brad Maurer
Partner, Dentons Bingham Greenebaum LLC

Jessica Van Dalen
Partner, Faegre Drinker

Alyssa Eckerley
Patent Prosecution Associate, Faegre Drinker

Allan J Sternstein
University of Arizona College of Law

IP Theory Semester Highlights

IP Theory has published a number of new articles and posted several new episodes of The Fire of Genius podcast.

Volume 12 Issue 1: The Marshall Law Copyright Symposium Special Issue

  • Tyler Ochoa, “Reconciling Copyright ‘Restoration’ for Pre-1972 Foreign Sound Recordings with the Classics Protection and Access Act”
  • Peter Yu, “Marshalling Copyright Knowledge to Understand Four Decades of Berne”
  • Daryl Lim, “Life after Google v. Oracle: Three Reflections on a Theme”
  • Podcasts — Interviews with IP practitioners Margaret Chon, Marty Adelman, Graeme Dinwoodie, Ysolde Gendreau, Daniel Gervais, Rochelle Dreyfus, and Mike Carroll

Volume 12 Issue 2

  • Mounir Jamal, “A Hot Spit-Take: Why the Supreme Court Will Hold That There Is No Privacy Interest in Commercial DNA Data”
  • Nicholas Eitsert, “Indian Pharmaceutical Patenting Under Section 3(d): A Model for Developing Countries”

Latest in The Law & Technology Program

Collaborating with several IU Maurer centers and individual faculty, the Center for IP Research continued work on its new Law & Technology Program.   

Prof. Mark Janis has presented to several groups in Fall 2022 about the Law School's aspirations for the program.