UIC Law Open Access Repository

Schwinn, Steven D.

Does the Federal Prohibition on Making  Any False Statement  to Influence Certain Federal Agencies and Financial Institutions Also Prohibit Making a Misleading Statement to Those Entities?

Kierstead, Shelley

English

Trauma-Informed Judicial Practice Meets Therapeutic Jurisprudence: Compassionate Written Judgments in Child Protection Cases

Owen, Erin

No Hope in Sight: Rethinking the Constitutionality of Solitary Confinement With Hope v. Harris

Beebe, Isabel

The End of Prison Gerrymandering: Has Illinois Done Enough to End Prison Gerrymandering by 2030?

 i 
              
 
Volume 24, Issue 2 
              
 
Table of Contents 
 
Essay:  
 
THE FTC’S BAN ON NONCOMPETE AGREEMENTS: SETTING SAIL 
ON A SEA OF DOUBT ..................................................................................... 101 
By Jeffery M. Cross 
 
 
Case Notes:  
 
THE BASTARD OF THE ARTS AND COPYRIGHT LAW: THE 
INTERSECTION OF DANCE AND COPYRIGHT IN HANAGAMI V. EPIC 
GAMES, INC. ..................................................................................................... 104 
By Alyssa Sitkowski 
 
A PROPOSAL ON DECIDING TRADEMARK INFRINGEMENT CLAIMS 
TO LIMIT CONFUSION FOR CONSUMERS .............................................. 121 
By Abigail Holtzman 
 
CATCH-22: THE ELUSIVENESS OF COMMUTED PER-UNIT ROYALTY 
CONVERSIONS AND THEIR SUFFICIENCY IN HYPOTHETICAL 
NEGOTIATION CALCULATIONS UNDER PROTECTIVE ORDER ...... 142 
By Kenneth L. Woodard Jr. 
 
  
 ii 
UIC  
REVIEW OF INTELLECTUAL PROPERTY LAW 
 
 
EDITORIAL BOARD 
2024-2025 
 
 
KENNETH L. WOODARD JR.* 
Editor-in-Chief 
 
JOANNA GORO* 
Managing Editor  
 
JULIA BLUM* 
Candidacy Editor 
ALEXIA CHIAMBAS* 
Production Editor 
 
ANTHONY V. LETTO* 
Administrative Editor 
 
ANDREA M. MELARAGNO* 
Lead Articles Editor 
 
JACOB R. ALLEN* 
Lead Articles Editor 
 
DOMINIKA KOZANECKA* 
Articles Editor 
 
PRIYAL PATEL* 
Lead Articles Editor 
 
ANTONIO RENE ZUNIGA* 
Lead Articles Editor 
 
GIULIA POROPAT* 
Articles Editor 
 
MADELYN SCHEUBER* 
Articles Editor 
 
MAGGIE A. BROWN* 
Articles Editor 
CASSIE GAIL HINTON* 
Articles Editor 
 
MCKENZIE M. KELLY* 
Social Media/Executive Development Editor 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
* Denotes a May 2025 graduate 
 iii 
ADVISORY BOARD 
 
 
DONALD L. BESCHLE 
Director of Law Reviews 
Professor of Law 
UIC School of Law 
 
YOLANDA M. KING 
Review of Intellectual Property Law Advisor 
Director & Associate Professor of Law 
Center for Intellectual Property, 
Information & Privacy Law 
UIC School of Law 
 
DAVID E. SORKIN 
Review of Intellectual Property Law Co-Advisor 
Associate Dean for Academic Programs 
Associate Professor of Law 
UIC School of Law 
 
FRANK YOUNG 
Review of Intellectual Property Law Advisor 
Louis L. Biro Law Library 
UIC School of Law 
  
 iv 
Letter from the Editor-in-Chief 
Dear Readers,  
 
In this second issue of Volume 24 of the UIC Review of Intellectual Property Law (“RIPL”), 
our board presents to you a holistic exhibition of intellectual property topics. We start with 
the least well known of the four IP areas—trade secrets—by way of an essay from UIC Law 
Professor, Jeffery M. Cross. Second, we explore a student case note dealing with copyright 
law in the video game context. Third, we venture into trademark law through the lens of 
home delivered cuisine. Finally, we cover patent law, focusing on calculating damages.  
 
The 2024-25 UIC RIPL Editorial Board has selected these four written works because we 
wanted this issue to provide a fairly representative impression of the kind of topics involved 
in IP law. Notwithstanding its approachable nature for law students, this issue also offers 
substantive and relevant content for the lawyers, judges, and IP enthusiasts as well.  
 
In his essay, The FTC’s Ban on Noncompete Agreements: Setting Sail on a Sea of Doubt, 
Professor Cross covers the impact of the recently published Federal Trade Commission rule 
banning employer/employee noncompetes. Employers can no longer rely on noncompetes to 
keep valuable company secrets from spilling out to their competitors. The new FTC rule finds 
that protecting trade secrets, confidential information, and other intellectual property is an 
insufficient justification for noncompete agreements. 
 
In her case note, The Bastard of the Arts and Copyright Law: The Intersection of Dance and 
Copyright Law in Hanagami v. Epic Games, Inc., Alyssa Sitkowski examines two different 
circuit courts’ approaches to evaluating copyright claims for choreographic works. The 
context for this legal battle is an interesting one given that it involves a viral pop culture 
dance routine and one of the most popular video games of our time.  
 
In Abigail Holtzman’s, A Proposal on Deciding Trademark Infringement Claims to Limit 
Confusion for Consumers, the stage is set for a different kind of legal battle. Instead of dance 
moves, this case revolves around dinner delivery services. Specifically, Holtzman delves into 
how courts set legal standards so that consumers can distinguish between trademarks. 
 
Lastly, in my case note, Catch-22: The Elusiveness of Commuted Per-Unit Royalty 
Conversations and their Sufficiency in Hypothetical Negotiation Calculations under 
Protective Order, I discuss how the Federal Circuit should handle patent cases when damages 
calculations are under protective seal. 
 
To the authors of Volume 24, Issue 2: Thank you for expanding our understanding about IP 
law. To our dedicated readers and subscribers: We appreciate your steadfast engagement and 
interest in the scholarship the RIPL board produces.  
 
Kind Regards, 
Kenneth L. Woodard Jr. 
Editor-in-Chief 


Table of Contents & Introductory Material

Charles, Patrick J.

The Second Amendment and Heller’s “Sensitive Places” Carve-Out Post-Rahimi: A Historiography, Analysis, and Basic Framework

Ketter, Christian

Death & Taxes: Preserving the Second Amendment From  Absolute Obliteration  With Congress\u27 Powers of Taxation?

Johnson Raba, Claire

Pay to Plead: Finding Unfairness and Abusive Practices in California Debt Collection Cases

Does a Plaintiff\u27s Voluntary Dismissal without Prejudice Amount to  A Final Judgment, Order, or Proceeding  That Would Allow a Court to Reopen the Case under Federal Rule of Civil Procedure 60(b)?

Mundy, Hugh

Ginsberg, Marc

From the Mouths of Babes: Evidentiary Issues, Child Declarants, and Statements Made for Medical Diagnosis or Treatment

Not a member yet

Does the Federal Prohibition on Making Any False Statement to Influence Certain Federal Agencies and Financial Institutions Also Prohibit Making a Misleading Statement to Those Entities?

Trauma-Informed Judicial Practice Meets Therapeutic Jurisprudence: Compassionate Written Judgments in Child Protection Cases

No Hope in Sight: Rethinking the Constitutionality of Solitary Confinement With Hope v. Harris

The End of Prison Gerrymandering: Has Illinois Done Enough to End Prison Gerrymandering by 2030?

Table of Contents & Introductory Material

The Second Amendment and Heller’s “Sensitive Places” Carve-Out Post-Rahimi: A Historiography, Analysis, and Basic Framework

Death & Taxes: Preserving the Second Amendment From Absolute Obliteration With Congress\u27 Powers of Taxation?

Pay to Plead: Finding Unfairness and Abusive Practices in California Debt Collection Cases

Does a Plaintiff\u27s Voluntary Dismissal without Prejudice Amount to A Final Judgment, Order, or Proceeding That Would Allow a Court to Reopen the Case under Federal Rule of Civil Procedure 60(b)?

From the Mouths of Babes: Evidentiary Issues, Child Declarants, and Statements Made for Medical Diagnosis or Treatment

3,984

4,764