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Intellectual Property Law

Journal

1999

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Articles 1 - 13 of 13

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Keynote Address: Commons And Code, Lawrence Lessig Dec 1999

Keynote Address: Commons And Code, Lawrence Lessig

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Jurisdiction, Choice Of Law, Copyright, And The Internet: Protection Against Framing In An International Setting, Kai Burmeister Dec 1999

Jurisdiction, Choice Of Law, Copyright, And The Internet: Protection Against Framing In An International Setting, Kai Burmeister

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel I: The First Amendment Implications Of Convergence, Andrew Jay Schwartzman, Nicholas Jollymore, Janine Jaquet, Jonathan Zittrain Dec 1999

Panel I: The First Amendment Implications Of Convergence, Andrew Jay Schwartzman, Nicholas Jollymore, Janine Jaquet, Jonathan Zittrain

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Virtual Wild, Wild West (Www): Intellectual Property Issues In Cyberspace—Trademarks, Service Marks, Copyrights, And Domain Names, Jeffrey J. Look Oct 1999

The Virtual Wild, Wild West (Www): Intellectual Property Issues In Cyberspace—Trademarks, Service Marks, Copyrights, And Domain Names, Jeffrey J. Look

University of Arkansas at Little Rock Law Review

No abstract provided.


Opportunity Costs Of Globalizing Information Licenses Embedding Consumer Rights Within The Legislative Framework For Information Contracts, Gail E. Evans Oct 1999

Opportunity Costs Of Globalizing Information Licenses Embedding Consumer Rights Within The Legislative Framework For Information Contracts, Gail E. Evans

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Trademark Issues In Cyberspace: The Brave New Frontier, Sally M. Abel Jun 1999

Trademark Issues In Cyberspace: The Brave New Frontier, Sally M. Abel

Michigan Telecommunications & Technology Law Review

Cyberspace raises a variety of thought-provoking trademark and trademark-related issues. While many of the issues and problems that arise may be analyzed and resolved from the vantage point of traditional notions of trademark law, others present thornier questions requiring greater sensitivity to the practical effect of cyberspace on the commercial marketplace. The cyberspace trademark issue that continues to get the most press is the domain name controversy. Is a domain a trademark? When does use of a domain infringe trademark rights? If someone else registers a company's name or trademark as their domain, what can the company do? Beyond domains …


Internet Domain Names And Trademarks: Recent Developments In Domestic And International Disputes, G. Gervaise Davis Iii Jan 1999

Internet Domain Names And Trademarks: Recent Developments In Domestic And International Disputes, G. Gervaise Davis Iii

UC Law SF Communications and Entertainment Journal

Domain name conflicts have already become a significant legal issue in the United States and are starting to be a similar problem in other nations, especially in the European Community. These disputes can easily turn into costly litigation and/or expensive negotiations over transferring the name from one owner to another, between owners of existing domain names and similar trademarks. While there are a number of pending changes in the domain name assignment procedures, it seems unlikely that the proposals will resolve anything, and in fact, the proposals will probably lead to more litigation.


Necessary Protections For Famous Trademark Holders On The Internet, Gregory D. Phillips Jan 1999

Necessary Protections For Famous Trademark Holders On The Internet, Gregory D. Phillips

UC Law SF Communications and Entertainment Journal

The Internet is being catapulted to the forefront of commerce and will soon become one of the largest players in the commercial world. Famous and wellknown marks have been the special target of a variety of predatory and parasitical practices on the Internet, such as "cybersquatting" and "cyberpiracy." These practices have been exacerbated by registering domain names through offshore or fictitious entities, or by providing false or fictitious information to the registrar of the domain names, Network Solutions, Inc. This article outlines the problems of "cyberabuse" faced by famous trademark holders on the Internet, and outlines important protections that need …


The New Wave Of Speech And Privacy Developments In Cyberspace, Eric J. Sinrod, Jeffrey W. Reyna, Barak D. Jolish Jan 1999

The New Wave Of Speech And Privacy Developments In Cyberspace, Eric J. Sinrod, Jeffrey W. Reyna, Barak D. Jolish

UC Law SF Communications and Entertainment Journal

As with any other medium of information, the Internet has the potential to be used as a tool for businesses, individuals, and government to peer into people's personal lives. Conversely, many are concerned that the Internet can also be used to deliver objectionable or obscene information to minors. These concerns fuel the ongoing debate over whether and how to regulate the Internet to protect the privacy and speech concerns implicated by its many uses. Congress, the courts, the European Community, and a coalition of Internet industry members have taken several decisive steps in an effort to focus the ever-changing policy …


Defending Larry Flynt: Why Attacking Flynt's Outing Of Sexual Affairs Is Misguided, Clay Calvert, Robert D. Richards Jan 1999

Defending Larry Flynt: Why Attacking Flynt's Outing Of Sexual Affairs Is Misguided, Clay Calvert, Robert D. Richards

UC Law SF Communications and Entertainment Journal

No abstract provided.


Panel Discussion - To Bot Or Not To Bot: The Implications Of Spidering, David Kramer, Jay Monahan Jan 1999

Panel Discussion - To Bot Or Not To Bot: The Implications Of Spidering, David Kramer, Jay Monahan

UC Law SF Communications and Entertainment Journal

Mr. Kramer and Mr. Monahan discuss the issues raised by the use of bots on the Internet and the implication of such use in litigation. Bots, or spidering programs, are software devices used to access specific information contained on web sites. Bots are commonly used when search engines comb the web to generate responses to queries. However, other less than noble uses, including the gathering of e-mail addresses for "spamming" and the taking of a site's content and reposting it elsewhere, raise complex legal issues and have generated considerable litigation.


You've Got Mud On Your Face: Have Mp3s Turned The Middleman Into Roadkill, Jessica Trivellini Toney Jan 1999

You've Got Mud On Your Face: Have Mp3s Turned The Middleman Into Roadkill, Jessica Trivellini Toney

UC Law SF Communications and Entertainment Journal

Moving Picture Expert Group Audio Layer 3, or MP3s, computer audio files transmitted over the Internet, have emerged as powerful challengers to the current music distribution system. MP3s challenge the recording industry on two fronts: piracy and sidestepping industry distribution channels. This note explores how copyright law applies to computer sound files, including MP3s, and demonstrates how advances in MP3 technology have made infringement concerns a significant problem. This note concludes that the record industry must radically change its current marketing scheme and adopt a low cost licensing approach in order to adapt successfully in the digital age.


Click Here: Web Links, Trademarks And The First Amendment, Christopher E. Gatewood Jan 1999

Click Here: Web Links, Trademarks And The First Amendment, Christopher E. Gatewood

Richmond Journal of Law & Technology

The World Wide Web has experienced rapid growth during the 1990s, with millions of publishers adding diverse opinions, objectives and page content. The main programming feature that has kept this network of networks from becoming a twisted thicket of web-sites is the hyperlink. These links guide users across the Web by creating connections from page to page and site to site, allowing a reader to follow tangential paths to whatever it is the Web has to offer her. Links provide connections within a site and are also used constantly to travel from one publisher's site to another. Because the linking …