Thursday, December 4, 2014

More Papers from the Texas Intellectual Property Law Journal's February 2014 FRAND Conference

Volume 22, No. 3 of the Texas Intellectual Property Law Journal is now out, and it contains three more papers from the February 2014 FRAND conference, including mine.  It appears that the editors made some changes to my paper without consulting me--in fact, I never received an edit, despite the fact that I submitted the paper over a year ago--and while it doesn't appear from a cursory analysis that any of the changes go to the substance of the paper, they certainly do change the writing style in places, beginning with the title (the first of word of which in the authorized version is "The").  I also was hoping to make a few changes of my own before publication, including the one I noted on this blog in November 2013 (see here).  On the plus side for me, at least I never signed a copyright agreement with the journal either.  Caveat auctor, I guess--but it will be a long time before I consider publishing with this particular journal ever again.  Anyway, if you want to read an authorized version of my paper, here's a link to the November 2013 version on ssrn, which I may update in the coming weeks.

In any event, listed below are the three FRAND papers in the most recent TIPLJ issue.  The presentations that were based on the Carlton & Shampine and Allensworth papers were both very good, so I certainly recommend reading the papers, notwithstanding my irritation with the journal's editors.

Dennis W. Carlton & Allen L. Shampine, Patent Litigation, Standard-Setting Organizations, Antitrust, and FRAND, 22 TIPLJ 223 (2014).

Rebecca Haw Allensworth, Casting a FRAND Shadow:  The Importance of Legally Defining "Fair and Reasonable" and How Microsoft v. Motorola Missed the Mark, 22 TIPLJ 235 (2014).

Thomas F. Cotter, [The] Comparative Law and Economics of Standard-Essential Patents and FRAND Royalties, 22 TIPLJ 311 (2014).

The journal also contains an article by Apostolos Christopoulos, whom I met a few years ago while doing research at the Max Planck Institute in Munich, titled Goodwill Appropriation as a Distinct Theory of Trademark Liability:  A Study on the Misappropriation Rationale in U.S. Trademark and Unfair Competition Law, 22 TIPLJ 253 (2014).  Apostolos also has a paper in the current issue of the Queen Mary Journal of Intellectual Property, titled Legal and Economic Arguments for the Protection of Advertising Value Through Trademark Law.  Glad to see that Apostolos, who is now a research and teaching associate at Queen Mary University in London, is doing well.


  1. Tom - this behavior is pretty outrageous and makes me glad that I did not place my symposium piece with this journal. You may want to consider lodging a complaint with them, copying their faculty editor. Given that most of the reads of the article will come from online downloads, I suspect they could upload a corrected version of the article if you insisted. And, if it makes you feel any better, they never reimbursed me for my hotel stay during the symposium, as was promised!

  2. PS - something I've done when journals have published versions of my articles that have contained errors is to post a "corrected" version on SSRN or my school's web site (the source of many more reads than the journal's site) .