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Articles 1 - 3 of 3
Full-Text Articles in Law
Patents And Antitrust: Peaceful Coxeistence?, S. Chesterfield Oppenheim
Patents And Antitrust: Peaceful Coxeistence?, S. Chesterfield Oppenheim
Michigan Law Review
My thesis for this paper is based upon developments which appear, as of 1955, to bring into clearer focus the process by which the earned differential advantages of patent rights are being adjusted to the prohibitory dixits of antitrust law. This is part of the never-ending governmental function of balancing stability of legal rights against the desired flexibility resulting from evolutionary growth. We can only chart the directions of the current trends. Generalizations from this panorama should not be overdrawn or artificially simplified. Both the patent and antitrust spectra are arranged in degrees. The edges of certainty are blurred in …
The Patent-Antitrust Problem, Bartholomew Diggins
The Patent-Antitrust Problem, Bartholomew Diggins
Michigan Law Review
The Patent-Antitrust section of the Report of the Attorney General's National Committee to Study the Antitrust Laws is an excellent analysis of the existing law and is an invaluable handbook for practitioners in this difficult field. The writer's approach to the problem is different from that of the committee and before commenting specifically on the Report it is only fair to state the writer's views of the problem lest differences in viewpoint give the impression of criticism of the Report.
In any approach to the patent-antitrust problem there is a basic question: does a "patent-antitrust problem" exist? The Report …
Constitutional Law - Commerce Clause - Federal Jurisdiction In Trade-Mark Infringement Proceedings Under The Lanham Act, Richard R. Dailey
Constitutional Law - Commerce Clause - Federal Jurisdiction In Trade-Mark Infringement Proceedings Under The Lanham Act, Richard R. Dailey
Michigan Law Review
Plaintiff's trade-mark, "Minute Maid," had been registered under the Lanham Act in 1952 and had been used in interstate commerce in connection with the sale of frozen fruit juice concentrates since that time. Defendant's trade-mark consisted in part of the words "Minute Made." Defendant used its mark wholly within the State of Florida in the processing and sale of frozen meat products. Both plaintiff and defendant were Florida corporations. In a suit for trade-mark infringement, jurisdiction of the federal district court depended. on the provisions of the Lanham Act. The complaint alleged damage to plaintiff's good will established in interstate …