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Intellectual Property - Copyright & Internet Law - "The Big Chill": The Supreme Court Adopts An Inducement Standard For Third-Party Copyright Infringement Liability, Leaving Innovation In The Cold Metro-Goldwyn-Mayer Studios, Inc. V. Grokster, Ltd., 125 S. Ct. 2764 (2005)., Darrin Keith Henning
University of Arkansas at Little Rock Law Review
A key feature of an effective copyright system is to provide protection against infringement that is consistent with a copyright's goal: to "promote . . . useful Arts." Thus, for the overall public good, it is vital to achieve a proper balance between protecting authors' works as an incentive to create and the public's interest in accessing both creative works and new technology. The outcome of Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd. (Grosker III) and the resulting business and legal developments created ambiguity and doubt regarding potential liability in the copyright system that is having a deleterious effect on technical …
On International Trademark And The Internet: The Lanham Act’S Long Arms, Joshua Clowers
On International Trademark And The Internet: The Lanham Act’S Long Arms, Joshua Clowers
Richmond Journal of Law & Technology
Trademarks tie a face to a product. The face is often a name or symbol, but it can also be something like a sound, a smell or even a “look.” They exist for the benefit of both the trademark owner/producer and the consumer. The purpose of a trademark, traditionally, has been to protect against the confusion of consumers when selecting products or services. Yet, a trademark’s functionality is not limited to preventing confusion. Other uses include both preserving the goodwill of the consumer for the mark owner and preventing the “diversion of trade through commercial misrepresentations.”