Law Commons^™

The Constitutionality Of State Law Protection Of Sound Recordings, Lewis Kurlantzick

Faculty Articles and Papers

No abstract provided.

Industrial Property Rights In Ethiopia, Peter Winship

Faculty Journal Articles and Book Chapters

Although the Commercial Code of 1960 contemplates the promulgation of a special law governing industrial property rights, the Imperial Ethiopian Government has neither promulgated this law nor, with the exception of a draft trademark law, prepared the appropriate draft legislation. The lack of a comprehensive law has not been disastrous: until recently the number of trademarks and industrial inventions used or created in Ethiopia was very small. A number, of different legal theories, moreover, have been or could be used to protect some persons' trade marks or industrial inventions. 2 However, with the growing number of court cases related to …

Gottschalk V. Benson, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United States V. Glaxo Group Ltd., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Goldstein V. California, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

State Law Of Patent Exploitation, Edward H. Cooper

Articles

The main purpose of the present inquiry is to determine whether second thoughts support or undermine the instinctive supposition that the doctrines surrounding cooperative use of patents should be federal. The original creator of a patented invention is seldom in a position to exploit its commercial potential alone; even if the invention is created by the employee of a vast enterprise, it is almost inevitable that the patent will be assigned to his employer. Patent licensing plays a vitally important role in the development of many inventions. The contract doctrines surrounding such transactions, and various other consensual undertakings relating to …

Brunette Machine Works Ltd, V. Kockum Industries, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

Deepsouth Packing Co. V. Laitram Corp., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

The Fourth Dimension In Labeling: Trademark Consequences Of An Improper Label - Part Ii, Thomas G. Field Jr.

Law Faculty Scholarship

Where does the trademark user stand today? What should he do? Perhaps he should review all his labeling in the very near future to try to catch any heretofore missed improprieties therein. If he should miss one or two, however, will his valuable trademarks be regarded as ab initio invalid? Will they be cancelled, pirated away, refused enforcement or what?

in an attempt to answer those questions, it seems worthwhile to synthesize the law that has been heretofore covered, and, perhaps, try to condense it into a few meaningful principles by which the trademark user may be guided.

The Fourth Dimension In Labeling: Trademark Consequences Of An Improper Label - Part I, Thomas G. Field Jr.

Law Faculty Scholarship

As indicated by the title, this is an inquiry into the trademark ramifications of labeling. Certain kinds of conduct may well result in cancellation of federal rights in trademark registration. This is equally true with respect to trademark application for registration. It is therefore useful to consider at the outset the impact that improper labeling may have on a party's right to register. Most unfortunately, if [a] label defect is not detected in the registration process, or if there is substantial delay between commencement of use of the mark and attempted registration, a party may find his rights seriously compromised. …

Patent Drawing, John L. Byers

Graduate Research Papers

This study is concerned with an investigation of procedures and methods for patent drawings. Specifically, the study involves research in standards of acceptable patent drawings, their proper execution, necessary materials, type of training needed to become a patent draftsman, and the location of available source of training.

Do Art Exhibitions Destroy Common-Law Copyright In Works Of Art, Randolph N. Jonakait

Articles & Chapters

No abstract provided.

Copyrights -- Since Fictional Characters Fall Within The Scope Of Congressional Power Over Copyrights, Federal Policy Prohibits States From Protecting Published Characters That The Copyright Act Has Left In The Public Domain, Donald J. Weidner

Scholarly Publications

No abstract provided.

Copyright Of Textile Designs -- Clarity And Confusion In The Second Circuit, Thomas Ehrlich

Articles by Maurer Faculty

No abstract provided.

News: Public Right V. Property Right, William F. Swindler

Faculty Publications

No abstract provided.

Desny V. Wilder [Dissent], Jesse W. Carter

Jesse Carter Opinions

Corporate secretary's demand that free-lance writers submit synopsis of proposed photoplay was a corporate act, and thus an implied-in-fact contract could arise during secretary/writer's telephonic conversation.

Record Machine & Tool Co. V. Pageman Holding Corp., Jesse W. Carter

Jesse Carter Opinions

In a declaratory judgment action, it was proper for the trial court to make a determination of the value and effect of a patent title on the purchase price of a contract where the seller could not transfer the title because he did not own it.

H. J. Heinz Co. V. Superior Court Of Alameda County, Jesse W. Carter

Jesse Carter Opinions

Defendant's license for a patent was revoked, an order to destroy generators was upheld to prevent future infringement, a compensatory damage award was not recognized in state, and federal court had no jurisdiction to enjoin state court proceedings.

Weitzenkorn V. Lesser [Dissent], Jesse W. Carter

Jesse Carter Opinions

In action for misappropriation of plaintiff's literary composition through the production of a movie by defendants, the court upheld the demurrers on a count based upon express contract and on a implied in fact contract.

Burtis V. Universal Pictures Co. [Dissent], Jesse W. Carter

Jesse Carter Opinions

Plaintiff failed to prove that defendants plagiarized plaintiff's story. Rather, defendants had merely incorporated similar story elements, and the two works would not be considered substantially similar by the average reasonable observer.

Kurlan V. Columbia Broadcasting System, Inc. [Dissent], Jesse W. Carter

Jesse Carter Opinions

An order sustaining demurrers in copyright action was reversed because a protectable interest could not be decided by demurrer, extrinsic evidence was vital for original and novel methods, and outside facts used to assess programs.

Rosicrucian Fellowship V. Rosicrucian Fellowship Non-Sectarian Church, Jesse W. Carter

Jesse Carter Opinions

Plaintiffs were not entitled to the invalidation of an injunction restricting an incorporated religious name as property of defendant corporation where confusion in regards to charity and contribution would likely continue.

Newspaper Copyright, Joseph M. Cormack

Faculty Publications

This is a report upon the state of the American law prepared for submission to the International Congress of Comparative Law to be held at The Hague, August 2nd to 6th., 1932. The report was prepared at the request of the American committee of the Interiationad Academy of Comparative Law, and is published with the approval of the Academy. The national reports are to form the basis of a general report, not exceeding xo,ooo words in length, covering the general state of the law in regard to the particular topic. Because of the limitations thus involved, it has been necessary …

Patent Law: Secret Use As Affecting Right To A Patent, John B. Waite

Articles

An unusually obvious piece of judicial legislation, of practical importance to the manufacturing world, was promulgated in the case of Macbeth-Evans Glass Co. v. General Electric Co., 246 Fed. 695. The facts were that in 1903 Macbeth had invented a process for making glass. Since that time the plaintiff company, of which Macbeth was president, had been using that process. This use had, however, been "secret". In 1910 an employee of the plaintiff revealed the process to the Jefferson Glass Co., which at once began to use it, but on application of the Macbeth Co. the state court enjoined the …

The Patentability Of A Principle Of Nature, John B. Waite

Articles

The extent to which courts will go in conceding patentability to a natural law, or principle of nature, is evidenced in the case of Minerals Separation Co. v. Hyde, 37 Sup. Ct. -, decided by the Supreme Court, December 11, 1916. It has always been more or less an axiom of patent law that the discovery of a principle of nature does not entitle the discoverer to a patent for it. The case usually thought of first as authority therefor, is that of Morton v. New York Eye Infirmary, 5 Blatch. 116, 2 Fisher 320. The patentees in that case …

Limitations Upon The Use, After Sale, Of Patented Articles, John B. Waite

Articles

In the case of Motion Picture Patents Co. v. Universal Film Co., 37 Sup. Ct. 416, the Supreme Court has just rendered a decision which reverses the much discussed case of Henry v. Dick Co., 224 U. S. 1. The opinion was by a divided court, however, as three of the justices dissented, and Justice McREYNOLDS "concurred in the result" only. It can, therefore, hardly be said to settle the ultimate rule as in contradiction to that followed in Henry v. Dick Co., and discussion of the case is of something more than mere academic value. The facts were that …

The Patentability Of A Mental Process, John B. Waite

Articles

The fact of possession has been so correlated with the theory of property that it is difficult to dissociate ownership from the possibility of physical possession. One finds that the average lawyer, even though he may defind a right in rem as a right enforcible against any person, is extremely apt, unless after especial thought, to explain that it is enforcible against anyone because it pertains to a thing capable of physical possession and control, a thing that could be actually sequestered, from all other persons. Not at all infrequently the term property has been judicially stripped even of its …

Sarony V. Burrow-Giles Lithographic Co., Henry W. Rogers

Articles

Commenting in the Federal Reporter on this Opinion, Professor Rogers considers at length this case bearing on definitions of copyright and artistic properties. "This was an action at law for the violation of the plaintiff's copyright of a photograph of Oscar Wilde, which the defendant had copied by the process known as chromo-lithography.... A jury was waived, and the case was argued upon questions of law only, which appear in the opinion."

"The contention of the defendant, briefly stated, is this: That there was no constitutional warrant for this act; that a photographer is not an author, and a photograph …