Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Columbia Law School (7)
- Boston University School of Law (6)
- University of Washington School of Law (5)
- Maurer School of Law: Indiana University (3)
- University of Georgia School of Law (3)
-
- University of New Hampshire (2)
- American University Washington College of Law (1)
- Butler University (1)
- Case Western Reserve University School of Law (1)
- Chicago-Kent College of Law (1)
- Fordham Law School (1)
- Golden Gate University School of Law (1)
- Seattle University School of Law (1)
- University of Baltimore Law (1)
- University of Connecticut (1)
- University of Kentucky (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Pennsylvania Carey Law School (1)
- University of Tulsa College of Law (1)
- Vanderbilt University Law School (1)
- Wayne State University (1)
- Western New England University School of Law (1)
- William & Mary Law School (1)
- Keyword
-
- Copyright (9)
- Intellectual property (9)
- Internet (4)
- Trademark (4)
- Economic (3)
-
- Patent (3)
- Patent law (3)
- Antitrust (2)
- Columbia-VLA Journal of Law and the Arts (2)
- Copyrights (2)
- Cyberspace (2)
- Infringement (2)
- Judicial review (2)
- Patents (2)
- Property (2)
- Property law (2)
- TRIPs (2)
- APA (1)
- Adhesion contracts (1)
- Administrative Procedure Act (1)
- Agglomeration economy (1)
- Agreement on Trade-Related Aspects of Intellectual Property (1)
- Apocryphal axe (1)
- Article 2B (1)
- Article review (1)
- Artificial scarcity (1)
- Author's rights (1)
- Certoriari (1)
- China's Copyright Law (1)
- Claim construction (1)
- Publication
-
- Faculty Scholarship (12)
- Articles (4)
- Scholarship Chronologically (4)
- All Faculty Scholarship (3)
- Articles by Maurer Faculty (3)
-
- Faculty Publications (2)
- LLM Theses and Essays (2)
- Law Faculty Scholarship (2)
- Articles in Law Reviews & Other Academic Journals (1)
- Articles, Chapters in Books and Other Contributions to Scholarly Works (1)
- Continuing Legal Education Materials (1)
- Faculty Articles (1)
- Faculty Articles and Papers (1)
- Law Faculty Research Publications (1)
- Librarians' Articles (1)
- Materials from All Student Organizations (1)
- Publications (1)
- Scholarship and Professional Work - Business (1)
- Vanderbilt Law School Faculty Publications (1)
Articles 1 - 30 of 43
Full-Text Articles in Law
Computer Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Charles R. Keeton, Jay E. Ingle, J. Mark Grundy, Robert F. Duncan, Kenneth J. Tuggle, Joel T. Beres, Bill E. Webb, Stephen J. Davidson, Cynthia L. Stewart, Judge B. Wilson Ii, David J. Beyer, Kurt X. Metzmeier, Shaun E. Esposito
Computer Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Charles R. Keeton, Jay E. Ingle, J. Mark Grundy, Robert F. Duncan, Kenneth J. Tuggle, Joel T. Beres, Bill E. Webb, Stephen J. Davidson, Cynthia L. Stewart, Judge B. Wilson Ii, David J. Beyer, Kurt X. Metzmeier, Shaun E. Esposito
Continuing Legal Education Materials
Materials from the Computer Law Institute held by UK/CLE in May 1999.
Draft Of Ralph Sharp Brown, Intellectual Property And The Public Interest - 1999, Wendy J. Gordon
Draft Of Ralph Sharp Brown, Intellectual Property And The Public Interest - 1999, Wendy J. Gordon
Scholarship Chronologically
Ralph Sharp Brown crossed out the "Junior" that followed his name after his father died. In explanation of the hand-altered stationery, he said (if my recollection holds), "I'm the only one left now." Now, after Ralph's death, there may remain no Ralph Sharp Browns. But there are many law teachers who continue to wage the campaign that Ralph made his life work: to save an interdependent society from unnecessary and stagnating restraints on liberty. In the intellectual property area, Ralph sought to teach us that it can be both right and necessary to give individuals the liberty to "reap without …
New Thoughts And Excerpt From On Commodifying Intangibles - 1999, Wendy J. Gordon
New Thoughts And Excerpt From On Commodifying Intangibles - 1999, Wendy J. Gordon
Scholarship Chronologically
Here is a ten-page excerpt from! a published piece, followed by some more recent and more random thoughts. Community is not civility. That is, I imagine my ideal community as one where people aren't always sweet to each other; I imagine a community where truth is more important than hurt feelings, and fun is more important than money. I imagine a community of individualists: raucous, iconoclastic. Steve Shiffrin's ROMANCE OF THE FIRST AMENDMENT and Ed Baker's work seems to have the kind of community in mind that I am interested in.
Electronic Rights Management And Digital Identifier Systems, Daniel J. Gervais
Electronic Rights Management And Digital Identifier Systems, Daniel J. Gervais
Vanderbilt Law School Faculty Publications
The new world of digital information requires a new way of providing access to that information — while keeping the copyright backbone. It might be technically easier to create a digital infrastructure without copyright: Just throw works up on the Internet, and let anyone get to them for any purposes. But such systems have been suggested and roundly rejected by those who create and own works of value. So we need to build an electronic infrastructure that works with copyright and takes advantage of the digital environment. This paper looks at the attempts to build part of that infrastructure — …
Zurko Raises Issue Of Patentability Standards, Thomas G. Field Jr.
Zurko Raises Issue Of Patentability Standards, Thomas G. Field Jr.
Law Faculty Scholarship
In re Zurko isolated one of the oldest U.S. agencies from mainstream administrative law because the Federal Circuit has chosen to review the U.S. Patent and Trademark Office more as it would a federal district court. The case is important, if only because the Supreme Court rarely treats the PTO as an agency. Also, regardless of whether the issue or the Federal Circuit itself is the primary target, the decision could have a major effect on the type of case most commonly encountered by that court.
When Does A Work Infringe The Derivative Works Right Of A Copyright Owner?, Amy B. Cohen
When Does A Work Infringe The Derivative Works Right Of A Copyright Owner?, Amy B. Cohen
Faculty Scholarship
Consider the following fact situation: A, an artist, designs art work and registers the copyright in that art work. A then licenses P to publish note cards using the art work. The note cards are published by P and distributed to retail card stores. T purchases several hundred cards and then takes each card, glues it carefully to a ceramic tile, and sells the tiles for a profit as "tile art" that purchasers can use to decorate walls, counters, even floors. If A now sues T for copyright infringement, how should the court rule? Has T infringed A's copyright?
In …
The Federal Trademark Dilution Act Of 1995: Potent Weapon Or Uphill Battle?, Erin J. Roth, Robert B. Bennett
The Federal Trademark Dilution Act Of 1995: Potent Weapon Or Uphill Battle?, Erin J. Roth, Robert B. Bennett
Scholarship and Professional Work - Business
Following a brief discussion of the history of trademark infringement law, the events leading to the FTDA, and an overview of the FTDA, this paper discusses the major causes of the FTDA's ineffectiveness. We will then review the application of the act, discuss its implications on the future of trademark ownership in business, and suggest improvements to the legal application of the act.
Journal Of Intellectual Property Law Editorial Board, 1999-2000, Journal Of Intellectual Property Law
Journal Of Intellectual Property Law Editorial Board, 1999-2000, Journal Of Intellectual Property Law
Materials from All Student Organizations
No abstract provided.
Legal Aspects Of International Transfer Of Technology, Anna Mikhailovna Otkina
Legal Aspects Of International Transfer Of Technology, Anna Mikhailovna Otkina
LLM Theses and Essays
For any international law practitioner issues relating to technology and proprietary information can arise in a number of a different situation. For example, transactions involving foreign distribution and sales rights relating to domestic products are a common part of the day-to-day practice of anyone engaged in the multinational business arena. Many of those transactions involve a contractual agreement in the form of a license, which is intended to transfer to the licensee the technology and related information, and the legal rights therewith, necessary to complete successfully the objective of the transaction: the distribution and sale of the domestic product at …
Is The Trips Agreement An Adequate Means To Deal With Unauthorized Copying Of Sound Recordings From The Internet?, Hege Sehested Zakariassen
Is The Trips Agreement An Adequate Means To Deal With Unauthorized Copying Of Sound Recordings From The Internet?, Hege Sehested Zakariassen
LLM Theses and Essays
The Internet has expanded vastly in recent years, both in use and utility. It has become one of the most important means of distributors of information in our time. This increasing popularity has also led to "online fraud, theft, piracy, and infringement. The music industry is one of the branches that will experience upheaval in the next few years. The Internet might even change the way music is distributed. Experts believe that the Internet could alter the way music is distributed and undermine the physical distribution of sound recordings. Yet, on the other hand, the Internet could help unknown bands …
Who Authors Trademarks, Steven Wilf
Still Adjusting To Markman: A Prescription For The Timing Of Claim Construction Hearings, William Lee, Anita Krug
Still Adjusting To Markman: A Prescription For The Timing Of Claim Construction Hearings, William Lee, Anita Krug
All Faculty Scholarship
In Markman v. Westview Instruments, Inc., the Supreme Court held that the interpretation of patent claims is a question of law to be determined by the court rather than a question of fact to be decided by the jury. The Court based its holding on the belief that judges are better suited than juries to address claim interpretation issues and that claim interpretation by the court would result in greater uniformity in the treatment of patents. The Markman decision, however, has confronted the district courts with a host of thorny questions, such as what evidence they may consider in their …
Privately Legislated Intellectual Property Rights: Reconciling Freedom Of Contract With Public Good Uses Of Information, J.H. Reichman, Jonathan A. Franklin
Privately Legislated Intellectual Property Rights: Reconciling Freedom Of Contract With Public Good Uses Of Information, J.H. Reichman, Jonathan A. Franklin
Librarians' Articles
In an age of omnipresent clickwrap licenses, we acknowledge the need for a uniform set of default rules that would validate non-negotiable licenses as a mechanism for minimizing transaction costs likely to hinder economic development in a networked environment. However, we contend that any model of contract formation not driven by the traditional norms of mutual assent requires specially formulated doctrinal tools to avoid undermining long-established public good uses of information for such purposes as education and research, technical innovation, free speech, and the preservation of free competition.
With the convergence of digital and telecommunications technologies, creators and innovators who …
The Apparent Manufacturer Doctrine, Trademark Licensors And The Third Restatement Of Torts, David Franklyn
The Apparent Manufacturer Doctrine, Trademark Licensors And The Third Restatement Of Torts, David Franklyn
Publications
In this Article, I argue that trademark licensors should be subjected to liability under the apparent manufacturer doctrine in two situations: (1) when a licensor induces consumers to believe the licensor manufactured the product, or (2) when a licensor induces consumers to believe that the licensor controlled the standards or specifications for manufacturing the product. Under either prong of the proposed test, a plaintiff would be required to show that a reasonable consumer of the licensed product would have relied on the trademark in the requisite manner. Once the plaintiff makes this showing, courts would then presume that the actual …
A General Rule Of Law Is Needed To Define Public Use In Patent Cases, Katherine E. White
A General Rule Of Law Is Needed To Define Public Use In Patent Cases, Katherine E. White
Law Faculty Research Publications
No abstract provided.
Echoes Of Scientific Truth In The Halls Of Justice: The Standards Of Review Applied By The United States Court Of Appeals For The Federal Circuit In Patent-Related Matters, Lawrence M. Sung
Faculty Scholarship
No abstract provided.
Promoting Innovation Competition Through The Aspen/Kodak Rule, Jonathan Baker
Promoting Innovation Competition Through The Aspen/Kodak Rule, Jonathan Baker
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The New Wild West: Measuring And Proving Fame And Dilution Under The Federal Trademark Dilution Act, Xuan-Thao Nguyen
The New Wild West: Measuring And Proving Fame And Dilution Under The Federal Trademark Dilution Act, Xuan-Thao Nguyen
Articles
The passage of the Federal Trademark Dilution Act of 1995 (the Dilution Act or Act) has been widely celebrated, as evidenced by the number of related articles, speeches and symposia. Commentators who applauded the adoption of the Dilution Act believed that a dilution claim would now be easier to prove by trademark owners against diluters because trademark owners would not have to establish the troublesome factual issue of consumer confusion. The courts have embraced the Act, and it has already proven to be an effective weapon for trademark owners. One court has even suggested trademark owners asserting claims of dilution …
Outline Of Epstein's Possession As The Root Of Title, And Other Matters - 1999, Wendy J. Gordon
Outline Of Epstein's Possession As The Root Of Title, And Other Matters - 1999, Wendy J. Gordon
Scholarship Chronologically
While it may be premature to expect a full working out of detail, it is surely time enough for some semblance of a unified theory of intellectual property law to have emerged. That it has not is due to some extent to the very evil which the existence of such a theory (or the beginnings of one) would prevent, namely, the errors that opinions are heir to. Recognizing common themes would help to isolate deviations, and thus help to clarify their nature; whether in a given context a deviation is justified could then be discussed on its own merits, wihout …
The Dilemma Of Intellectual Property Piracy In China, Jennifer S. Fan
The Dilemma Of Intellectual Property Piracy In China, Jennifer S. Fan
Articles
This Article analyzes the effectiveness of China's intellectual property laws and the role they play in China's foreign trade and investment. It gives an overview of how intellectual property laws developed in China and explains why they have been inadequate, especially with respect to the protection of the interests of U.S. companies. It then illustrates why America's response to the piracy of intellectual property has been largely ineffective. The Article explains why China's strides in intellectual property law have fallen short of expectations and offers alternative methods of protecting intellectual property rights in China.
Publishers' Rights And Wrongs In The Cyberage, Thomas G. Field Jr.
Publishers' Rights And Wrongs In The Cyberage, Thomas G. Field Jr.
Law Faculty Scholarship
The author argues in favor of a continued role for traditional publishing in the context of the rise of the Internet.
Notes On Trademark Monopolies, Wendy J. Gordon, Glynn S. Lunney Jr.
Notes On Trademark Monopolies, Wendy J. Gordon, Glynn S. Lunney Jr.
Scholarship Chronologically
Since 1742, when Lord Hardwicke seemingly equated trademark protection with monopoly in one of the first trademark cases, until the mid- 1950s, concerns that trademarks represented a form of illegitimate monopoly effectively constrained the growth of trademark protection. In the twentieth century, Edward Chamberlain became the leading proponent of the trademark as monopoly view with the publication of his work, The Theory of Monopolistic Competition, in 1933. In his work, Chamberlain argued that a trademark enabled its owner to differentiate her products and then to exclude others from using the differentiating feature. By doing so, trademark protection can effectively …
The Antitrust Duty To Deal And Intellectual Property Rights, James C. Burling, William F. Lee, Anita K. Krug
The Antitrust Duty To Deal And Intellectual Property Rights, James C. Burling, William F. Lee, Anita K. Krug
Articles
This Article discusses how courts have addressed so-called ‘"duty-to-deal" antitrust claims involving intellectual property, and what they should do in those circumstances to ensure appropriate deference to the competition goals of intellectual property doctrine.
Part II discusses duty-to-deal principles in the general case, where intellectual property rights are not at issue, noting that hard and fast rules have yet to emerge.
Part III discusses the approaches courts have taken in the intellectual property context and contends that, although many courts have conducted their analyses with a view to the objectives of patent law, at least two have not, with potentially …
Copyright And "New-Use" Technologies, I. Trotter Hardy
Copyright And "New-Use" Technologies, I. Trotter Hardy
Faculty Publications
No abstract provided.
Ralph Sharp Brown, Intellectual Property And The Public Interest--Introduction, Wendy J. Gordon
Ralph Sharp Brown, Intellectual Property And The Public Interest--Introduction, Wendy J. Gordon
Faculty Scholarship
Ralph Sharp Brown crossed out the "Junior" that followed his name after his father died. In explanation of the hand-altered stationery, he said (if my recollection holds), "I'm the only one left now." Now, after Ralph's death, there may remain no Ralph Sharp Browns. But there are many law teachers who continue to wage the campaign that Ralph made his life work: to save an interdependent society from unnecessary and stagnating restraints on liberty. In the intellectual property area, Ralph sought to teach us that it can be both right and necessary to give individuals the liberty to "reap without …
The Past, Present And Future Of Copyright Protection Of Soundalike Recordings, Kent Milunovich
The Past, Present And Future Of Copyright Protection Of Soundalike Recordings, Kent Milunovich
Faculty Articles
This article suggests that copyright law can cover soundalike musical recordings. First, the facts and holding of Midler will be discussed as well as the court's motivation for not deciding the case on a copyright infringement basis. Second, an historical background for copyright infringement of music follows. This section involves a discussion of copyright infringement, parody, and fair use as well as a summary of existing case law regarding each topic. After an illustration of the dilemma of what copyright may protect involving the jazz-rock band Blood, Sweat & Tears, the focus shifts to what could have been done to …
The Use Of Preclusion Doctrine, Antisuit Injunctions, And Forum Non Conveniens Dismissals In Transnational Intellectual Property Litigation, Peter Nicolas
Articles
Conflicting standards among the federal circuits over the applicability of inherent powers in the transnational intellectual property context and the divided authority regarding the jurisdiction of U.S. federal courts over foreign intellectual property claims severely hamper the ability of federal district courts to use these tools in such a manner so as to prevent parties in transnational intellectual property suits from engaging in strategic behavior. This Comment seeks to reconcile these conflicts where possible and, where irreconcilable, to demonstrate that the text and history of federal statutes conferring subject matter jurisdiction on federal courts and placing limits on their issuance …
Progressing Towards A Uniform Commercial Code For Electronic Commerce Or Racing Toward Nonuniformity?, Maureen A. O'Rourke
Progressing Towards A Uniform Commercial Code For Electronic Commerce Or Racing Toward Nonuniformity?, Maureen A. O'Rourke
Faculty Scholarship
The Magaziner Report encourages the development of a consistent commercial law environment against which electronic commerce transactions may take place. The author considers the current legal landscape, noting that while many efforts are underway to codify aspects of electronic commerce, these efforts are piecemeal in nature and may lead to the very lack of uniformity against which the Magaziner Report counsels. The author then briefly considers what lessons may be learned from the drafting history of the original U.C.C. as well as proposed Article 2B (now the Uniform Computer Information Transactions Act) governing transactions in computer information. She argues that …
The Constitution And The Cathedral: Prohibiting, Purchasing, And Possibly Condemning Tobacco Advertising, Thomas W. Merrill
The Constitution And The Cathedral: Prohibiting, Purchasing, And Possibly Condemning Tobacco Advertising, Thomas W. Merrill
Faculty Scholarship
This Article has both theoretical and practical objectives, which are closely interrelated. The theoretical objective is to develop a framework for understanding the "transaction structure" of constitutional rights. By this, I refer to the different rules that determine when the government may purchase, condemn, or otherwise extinguish constitutional rights. The practical objective is to consider different options that may be available to the government, as part of a broader effort to reduce the incidence of smoking, to curtail tobacco advertising that would otherwise be protected under the First Amendment. It is my hope that the theoretical framework will illuminate the …
Who’S Afraid Of Functional Claims? Reforming The Patent Law’S §112, ¶ 6 Jurisprudence, Mark D. Janis
Who’S Afraid Of Functional Claims? Reforming The Patent Law’S §112, ¶ 6 Jurisprudence, Mark D. Janis
Articles by Maurer Faculty
No abstract provided.