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Articles 1 - 30 of 108
Full-Text Articles in Law
The Trademark Jurisprudence Of The Rehnquist Court, Graeme B. Dinwoodie
The Trademark Jurisprudence Of The Rehnquist Court, Graeme B. Dinwoodie
Marquette Intellectual Property Law Review
Professor Dinwoodie discusses the Rehnquist Supreme Court and its current approach to addressing trademark jurisprudence. Professor Dinwoodie concludes that although the Court has not employed a consistent methodological approach to resolving trademark problems, the opinions do suggest that there are certain values that dictate the outcomes in trademark cases before the Rehnquist Court.
Trips, Patents, And Access To Life-Saving Drugs In The Developing World, Bryan C. Mercurio
Trips, Patents, And Access To Life-Saving Drugs In The Developing World, Bryan C. Mercurio
Marquette Intellectual Property Law Review
This article critically analyzes the agreement implementing Paragraph 6 of the Doha Declaration. The author briefly details the trend of linking intellectual property rights to international trade before summarizing the pertinent provisions of the TRIPs Agreement. The author then introduces the controversy surrounding access to medicines by first detailing the global events that brought the issue to the fore and then by evaluating the accomplishments and unanswered questions of the Doha Declaration. The author also discusses the agreement implementing the Paragraph 6 Mandate, critically analyzes its provisions, and addresses several lingering questions and problems unaddressed by this agreement. The author …
Scope Of Protection: Comparison Of German And English Courts' Case Law, Sasa Bavec
Scope Of Protection: Comparison Of German And English Courts' Case Law, Sasa Bavec
Marquette Intellectual Property Law Review
This article examines the scope of patent protection granted in Germany and the United Kingdom (UK). The author aims to review the legal framework, practice, and case law on the issue of the interpretation of patent scope in Germany and the UK. The author also discusses the legal principles applied by courts in Germany and the UK in different patent cases and examines the differences in the application of patent application. The author concludes that the only significant difference between Germany and the UK that can be identified is the inability of German courts to decide on the validity of …
What Are You Looking At? Eliminating Consideration Of The General Public And The Ultimate Question In A Trade Dress Initial Interest Confusion Analysis., Paul J. Krause
Marquette Intellectual Property Law Review
This comment addresses the concept of initial interest confusion in trade dress law and examines several different courts' approaches to the doctrine. Through the discussion, it becomes evident that while being careful to avoid bypassing an analysis of the likelihood of confusion factors, courts should also use the doctrine to determine confusion of potential purchasers. Failing to account for certain factors, such as the sophistication of the relevant consumer group, may allow courts to skew the likelihood of confusion factors in an initial interest confusion analysis. In sum, the author argues that courts should conduct a thorough analysis of likelihood …
Peer-To-Peer File Sharing And Technological Sabotage Tactics: No Legislation Required, Hillary M. Kowalski
Peer-To-Peer File Sharing And Technological Sabotage Tactics: No Legislation Required, Hillary M. Kowalski
Marquette Intellectual Property Law Review
This comment examines the current state of downloading of copyrighted material using peer-to-peer (P2P) technology. The author overviews the P2P technology and details tactics being used by copyright holders to protect their works on the P2P networks. The author next analyzes various legal issues surrounding the copyright-protection tactics. The author concludes by examining proposed legislation designed to benefit copyright holders and asserts that Congressional intervention enabling sabotage tactics will not solve the P2P problem because such retaliatory measures will only worsen the situation by aggravating music lovers.
What Does Pruneyard Have To Do With California Internet Trade Secret Law?, Adam J. Sheridan
What Does Pruneyard Have To Do With California Internet Trade Secret Law?, Adam J. Sheridan
Marquette Intellectual Property Law Review
This comment discusses the facts of the Bunner case and the decisions of the Sixth District and the Supreme Court. The Bunner case involves Andrew Bunner and his act of putting a link on his Web page allowing visitors to access a Digitial Video Disc (DVD) descrambler program, which allowed a computer user to decrypt DVDs. The DVD Copy Control Association sought an injunction against Bunner under the California Uniform Trade Secrets Act (UTSA). The author analyzes the historical protection given free speech and trade secrets under California law. Looking at the Bunner case in light of Pruneyard, the author …
Protection For Indigenous Peoples And Their Traditional Knowledge: Would A Registry System Reduce The Misappropriation Of Traditional Knowledge?, Thomas J, Krumenacher
Protection For Indigenous Peoples And Their Traditional Knowledge: Would A Registry System Reduce The Misappropriation Of Traditional Knowledge?, Thomas J, Krumenacher
Marquette Intellectual Property Law Review
This Comment examines the controversy over whether a registry system is the best way to prevent Western inventors from obtaining intellectual property protection for traditional knowledge that has been misappropriated from underdeveloped parts of the world. This dilemma exists because traditional knowledge often constitutes patentable subject matter, most indigenous peoples do not subscribe to a Western "property rights" view of the world, and exploitation of traditional knowledge has become easier through improved communication capabilities. This Comment argues in favor of a registry system to catalog traditional knowledge; patent examiners would deny patent protection to any invention that replicates traditional knowledge. …
Avoiding And Resolving Disputes During Sports Competition: Of Cameras And Computers , James A.R. Nafziger
Avoiding And Resolving Disputes During Sports Competition: Of Cameras And Computers , James A.R. Nafziger
Marquette Sports Law Review
No abstract provided.
International Sports Rules' Implementation - Decisions Executability: The Bliamou Case, Dimitrios Panagiotopoulos
International Sports Rules' Implementation - Decisions Executability: The Bliamou Case, Dimitrios Panagiotopoulos
Marquette Sports Law Review
No abstract provided.
Fundamental Guarantees With Respect To Disciplinary Process - Some Reflections, Nathalie Korchia
Fundamental Guarantees With Respect To Disciplinary Process - Some Reflections, Nathalie Korchia
Marquette Sports Law Review
No abstract provided.
Patenting The Biological Bounty Of Nature: Re-Examining The Status Of Organic Inventions As Patentable Subject Matter, Burton T. Ong
Patenting The Biological Bounty Of Nature: Re-Examining The Status Of Organic Inventions As Patentable Subject Matter, Burton T. Ong
Marquette Intellectual Property Law Review
Mr. Ong discusses the controversy regarding biotechnology patents. Opponents of biotechnology patents are concerned that these patents show disrespect for life and nature, expropriate the traditional knowledge of indigenous communities, and encourage practices that threaten the environment. Proponents of biotechnology patents argue that patents are, at worst, neutral on such issues because they only grant a right to exclude; moreover, such patents encourage innovation in the public interest. Ong focuses instead on whether an individual inventor deserves an intellectual property right based on his contributions to a modified living organism or an organic substance derived from a living organism. He …
Market Definition In Intellectual Property Law: Should Intellectual Property Courts Use An Antitrust Approach To Market Definition?, Anna F. Kingsbury
Market Definition In Intellectual Property Law: Should Intellectual Property Courts Use An Antitrust Approach To Market Definition?, Anna F. Kingsbury
Marquette Intellectual Property Law Review
In her Article, Ms. Kingsbury notes that American courts do not use antitrust law's market definition approach in intellectual property cases. She discusses five potential rationales for this dichotomy: (1) intellectual property cases involve new products without defined markets; (2) market definition limits judicial flexibility; (3) courts do not want to burden intellectual property litigants with the time and expense of economic evidence; (4) judges reason from precedent, and that precedent did not consider market definition; and (5) "market" conveys a different meaning in intellectual property law than it does in antitrust law. Kingsbury presents counterarguments to these rationales and …
The Community Trademark System: A Brief Introduction And Overview, Vincent O'Reilly
The Community Trademark System: A Brief Introduction And Overview, Vincent O'Reilly
Marquette Intellectual Property Law Review
Mr. O'Reilly discusses several different aspects of the trademark system in the European Community. The following subjects are included in his survey: (1) application; (2) opposition; (3) cancellation; (4) appeals; and (5) enforcement. Though formal and procedural requirements dominate this discussion, O'Reilly also discusses how these requirements have been applied and how traditional trademark issues have been resolved with regard to particular trademarks. He also discusses how the Community Trademark System interacts with the preexisting national trademark systems.
Trade Dress: Should Only The Secondary Meaning Trade Dress Standard Apply To Product Packaging? Or Should Courts Continue To Use The Inherently Distinctive Standard?, Jennifer L. Barwinski
Trade Dress: Should Only The Secondary Meaning Trade Dress Standard Apply To Product Packaging? Or Should Courts Continue To Use The Inherently Distinctive Standard?, Jennifer L. Barwinski
Marquette Intellectual Property Law Review
This Comment discusses the controversy over whether secondary meaning should be a prerequisite for trademark protection of product packaging, in light of Wal-Mart Stores, Inc. v. Samara Bros. The United States Supreme Court held in Wal-Mart that secondary meaning is a prerequisite for trademark protection of product design, limiting its earlier decision in Two Pesos, Inc. v. Taco Cabana, Inc. In discussing Wal-Mart's application to trademark protection for product packaging, this Comment focuses on the difficulty of distinguishing between product packaging and product design. This Comment argues that secondary meaning should be a prerequisite for trademark protection of product packaging; …
Counting Down Another Music Marathon: Copyright Arbitration Royalty Panels And The Case Of Internet Radio, Sara J. O'Connell
Counting Down Another Music Marathon: Copyright Arbitration Royalty Panels And The Case Of Internet Radio, Sara J. O'Connell
Marquette Intellectual Property Law Review
Ms. O'Connell won the Computer Law Association's 2003 Information Technology Law Writing Competition for this article discussing the controversy over Copyright Arbitration Royalty Panels ("CARPs"). A CARP sets royalty rates for the performance of copyrighted works when the copyright owner and the broadcaster have not agreed on those rates. Congress created CARPs as a way to encourage the creation of creative works and to promote public access to these creative works. Recently, a CARP recommended royalty rates for webcasting; the broadcasting of copyrighted works over the Internet. The CARP's recommendation was rejected by the Librarian of Congress, criticized by both …
Agency: Teaching Negotiators To Analyze Conflit Structure And Anticipate The Consequences Of Principal-Agent Relationships, Jayne Seminare Docherty, Marcia Caton Campbell
Agency: Teaching Negotiators To Analyze Conflit Structure And Anticipate The Consequences Of Principal-Agent Relationships, Jayne Seminare Docherty, Marcia Caton Campbell
Marquette Law Review
No abstract provided.
The Irony Of Instrumentalism: Using Dworkin's Principle-Rule Distinction To Reconceptualize Metaphorically A Substance-Procedure Dissonance Exemplified By Forum Non Conveniens Dismissals In International Product Injury Cases, Jeffrey A. Van Detta
Marquette Law Review
No abstract provided.
Heuristics: Heuristics And Biases At The Bargaining Table, Russell Korobkin, Chris Guthrie
Heuristics: Heuristics And Biases At The Bargaining Table, Russell Korobkin, Chris Guthrie
Marquette Law Review
No abstract provided.
Comments On Taxpayer Bill Of Rights, Michael Butera
Comments On Taxpayer Bill Of Rights, Michael Butera
Marquette Law Review
No abstract provided.
Redacting Race In The Quest Of Colorblind Justice: How Racial Privacy Legislation Subverts Antidiscrimination Laws, Chris Chambers Goodman
Redacting Race In The Quest Of Colorblind Justice: How Racial Privacy Legislation Subverts Antidiscrimination Laws, Chris Chambers Goodman
Marquette Law Review
No abstract provided.
Table Of Contents For Volume 87, Issue 5, Marquette University
Table Of Contents For Volume 87, Issue 5, Marquette University
Marquette Law Review
No abstract provided.
Fun With Dick And Jane And Lawrence: A Primer On Education Privacy As Constitutional Liberty, Susan P. Stuart
Fun With Dick And Jane And Lawrence: A Primer On Education Privacy As Constitutional Liberty, Susan P. Stuart
Marquette Law Review
No abstract provided.
Limiting Conflicts Of Interest Arising From Physician Investment In Specialty Hospitals, Maureen Kwiecinski
Limiting Conflicts Of Interest Arising From Physician Investment In Specialty Hospitals, Maureen Kwiecinski
Marquette Law Review
No abstract provided.
Unshackle Academia And Allow It To Exemplify The Purpose Of Patent Law: "To Promote The Progress Of Science And The Useful Arts", Joseph Mohr
Marquette Law Review
No abstract provided.
Table Of Contents For Volume 88, Marquette University
Table Of Contents For Volume 88, Marquette University
Marquette Law Review
No abstract provided.
Wisconsin Tax Policy: Serious Flaws, Compelling Solutions, Michael K. Mcchrystal
Wisconsin Tax Policy: Serious Flaws, Compelling Solutions, Michael K. Mcchrystal
Marquette Law Review
No abstract provided.
Taxing Thoughts, Marc J. Marotta