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The Owned Public Domain: The Constitutional Right Not To Be Excluded – Or The Supreme Court Chose The Right Breakfast Cereal In Kellogg V. National Biscuit Co., Malla Pollack
Malla Pollack
Before the rise of law and economics, the Supreme Court decided several cases involving patent holders' attempts to use trademark doctrines to slow down competitors after the expiration of their utility patents; in each of these cases, the Court enforced a public right to use material in the public domain. To give one famous example, Kellogg Co. v. National Biscuit Co., the "shredded wheat case," came to the Court after the expiration of a product and process utility patent on that once-innovative breakfast cereal. The Court held that a competitor could freely copy the product's name and its well known …
Traffix Devices V. Marketing Displays, Malla Pollack
Traffix Devices V. Marketing Displays, Malla Pollack
Malla Pollack
Brief argues against allowing extension of utility patent through trade dress protection. Opinion at 523 U.S. 23 (2001).
Southco V. Kanebridge, Malla Pollack
Southco V. Kanebridge, Malla Pollack
Malla Pollack
Brief arguing against copyright protection for parts numbers. Opinion 258 F.3d 148 (3rd Cir. 2001); see also appeal after remand, 390 F.3d 276 (3rd Cir. 2004) (en banc).
Veeck V. Sbcci, Malla Pollack
Veeck V. Sbcci, Malla Pollack
Malla Pollack
Brief argues against copyright in enacted statutes which are identical in wording to privately authored model codes. Decision at 293 F.3d 791 (5th Cir. 2002) (en banc).
Complexity And Copyright In Contradiction, Michael J. Madison
Complexity And Copyright In Contradiction, Michael J. Madison
Michael J. Madison
The title of the article is a deliberate play on architect Robert Venturi?s classic of post-modern architectural theory, Complexity and Contradiction in Architecture. The article analyzes metaphorical ?architectures? of copyright and cyberspace using architectural and land use theories developed for the physical world. It applies this analysis to copyright law through the lens of the First Amendment. I argue that the ?simplicity? of digital engineering is undermining desirable ?complexity? in legal and physical structures that regulate expressive works.