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Articles 1 - 18 of 18
Full-Text Articles in Law
Survey Of The Federal Circuit's Patent Law Decisions In 2006: A New Chapter In The Ongoing Dialogue With The Supreme Court, Gregory A. Castanias, Lawrence D. Rosenberg, Michael S. Fried, Todd R. Geremia
Survey Of The Federal Circuit's Patent Law Decisions In 2006: A New Chapter In The Ongoing Dialogue With The Supreme Court, Gregory A. Castanias, Lawrence D. Rosenberg, Michael S. Fried, Todd R. Geremia
American University Law Review
In 2006, the Federal Circuit decided only one portion of one patent case en banc, and that was done mainly as a procedural matter (the entire case was not argued to an en banc court) in order to reconcile prior conflicting precedent on the issue of induced patent infringement with the recent Supreme Court decision in Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., involving induced copyright infringement. But in light of the Supreme Court’s much more muscular review of the Federal Circuit’s patent cases—which may not even reflect the full extent of the Court’s interest in the Federal Circuit’s patent decisions—the …
The Trademark Jurisprudence Of Judge Rich, Jeffrey M. Samuels, Linda B. Samuels
The Trademark Jurisprudence Of Judge Rich, Jeffrey M. Samuels, Linda B. Samuels
American University Law Review
For nearly forty-three years, Giles Sutherland Rich served as a member of the U.S. Court of Customs and Patent Appeals (C.C.P.A.) and its successor court, the U.S. Court of Appeals for the Federal Circuit. Judge Rich is widely regarded as one of the most influential jurists in the area of patent law—and rightfully so. Less well known is that Judge Rich also authored many significant decisions in the area of trademark law. Judge Rich’s opinions in the area of trademarks span the spectrum of trademark registrability issues and explore important issues of public policy. This Article reviews a number of …
Symposium: Introductory Remarks To Panel 2, Peter Jaszi
Symposium: Introductory Remarks To Panel 2, Peter Jaszi
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Symposium: Walking The Tradition-Modernity Tightrope: Gender Contradictions In Textile Prodution And Intellectual Property Law In Ghana, Boatema Boateng
Symposium: Walking The Tradition-Modernity Tightrope: Gender Contradictions In Textile Prodution And Intellectual Property Law In Ghana, Boatema Boateng
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Sunset Of "Quality Control" In Modern Trademark Licensing, Irene Calboli
The Sunset Of "Quality Control" In Modern Trademark Licensing, Irene Calboli
American University Law Review
Historically, based on the premise that trademark protection is about consumer welfare, trademark law has allowed trademark licensing only as long as licensors control the quality of the products bearing the licensed marks. Ever since its adoption, however, this rule has been difficult to enforce because it hinges on a concept that is ambiguous and difficult to frame in a legal context: quality control. Unsurprisingly, the consequence has been inconsistent case law and much uncertainty as to what represents valid licensing. In addition, in the past decades, courts have proven increasingly reticent to strictly apply this rule and have declared …
Transcript: Opening Remarks, Peter Jaszi
Transcript: Opening Remarks, Peter Jaszi
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Symposium: Reconstructing The Author-Self: Some Feminist Lessons For Copyright Law, Carys J. Craig
Symposium: Reconstructing The Author-Self: Some Feminist Lessons For Copyright Law, Carys J. Craig
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Symposium: My Fair Ladies: Sex, Gender, And Fair Use In Copyright, Rebecca Tushnet
Symposium: My Fair Ladies: Sex, Gender, And Fair Use In Copyright, Rebecca Tushnet
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Copyright, Fair Use And Motion Pictures, Peter Jaszi
Copyright, Fair Use And Motion Pictures, Peter Jaszi
Articles in Law Reviews & Other Academic Journals
Within copyright law, the tension between contemporary creators' needs for access to preexisting material, on the one hand, and the imperatives of copyright ownership, on the other, are mediated primarily by the so-called "fair use" doctrine. The application of this venerable legal concept, which exempts some substantial takings of protected content from infringement liability, is the subject of this essay.
Commodification, Intellectual Property And The Women Of Gee’S Bend, Victoria F. Phillips
Commodification, Intellectual Property And The Women Of Gee’S Bend, Victoria F. Phillips
Articles in Law Reviews & Other Academic Journals
In this article the author explores the story of the quilters of Gee’s Bend, Alabama, tracing the emergence of this group of isolated, disenfranchised craftswomen as both fine artists and the unlikely purveyors of mass-market consumer culture through commodification based on the power of intellectual property rights. The author then looks to recent trends in commodification literature to help explore the tensions and dualities presented in the story. Among other things, the article asks whether the quilters have been coerced into the marketplace and are unwittingly alienating part of their identity, or whether they have willingly tapped the power of …
Review Of The 2006 Trademark Decisions Of The Federal Circuit, Christine Haight Farley, Geri L. Haight
Review Of The 2006 Trademark Decisions Of The Federal Circuit, Christine Haight Farley, Geri L. Haight
Articles in Law Reviews & Other Academic Journals
The United States Court of Appeals for the Federal Circuit delivered only seven precedential trademark opinions in 2006. The Court addressed a range of substantive issues including trade dress configuration, reverse passing off, and genericism. Notably, two of the seven precedential decisions involved plant names protected by the Plant Variety Protection Act. The Court decided only one case in 2006 where the primary issue was procedural, rather than substantive. In that case, the Court sided with the Trademark Trial and Appeal Board and affirmed its decision on the applicability of the res judicata doctrine. In 2006, as in previous years, …
Transcript: Introduction To The Third Annual Ip/Gender: The Unmapped Connections Symposium, Victoria F. Phillips
Transcript: Introduction To The Third Annual Ip/Gender: The Unmapped Connections Symposium, Victoria F. Phillips
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Transcript: Introductory Remarks To Panel 1, Christine Farley
Transcript: Introductory Remarks To Panel 1, Christine Farley
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Symposium: Feminism And Dualism In Intellectual Property, Dan L. Burk
Symposium: Feminism And Dualism In Intellectual Property, Dan L. Burk
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Transcript: Comments On Panel 1, Christine Farley
Transcript: Comments On Panel 1, Christine Farley
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Symposium: Molecules And Conflict: Cancer, Petents, And Women's Health, Eileen M. Kane
Symposium: Molecules And Conflict: Cancer, Petents, And Women's Health, Eileen M. Kane
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Symposium: Comments On Panel 2, Peter Jaszi
Symposium: Comments On Panel 2, Peter Jaszi
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Symposium: Commodification, Intellectual Property And The Quilters Of Gee's Bend, Victoria F. Phillips
Symposium: Commodification, Intellectual Property And The Quilters Of Gee's Bend, Victoria F. Phillips
American University Journal of Gender, Social Policy & the Law
No abstract provided.