Law Commons^™

Internet Domain Names And Trademarks: Recent Developments In Domestic And International Disputes, G. Gervaise Davis Iii

UC Law SF Communications and Entertainment Journal

Domain name conflicts have already become a significant legal issue in the United States and are starting to be a similar problem in other nations, especially in the European Community. These disputes can easily turn into costly litigation and/or expensive negotiations over transferring the name from one owner to another, between owners of existing domain names and similar trademarks. While there are a number of pending changes in the domain name assignment procedures, it seems unlikely that the proposals will resolve anything, and in fact, the proposals will probably lead to more litigation.

Symposium Presentation: Doing Internet Co-Branding Agreements, Eric Goldman

UC Law SF Communications and Entertainment Journal

Mr. Goldman discusses many important issues that need to be considered when deciding to participate in and when drafting co-branding agreements, but which are often overlooked. As internet co-branding has become ubiquitous as a means of combining one website's functionality and another's marketing muscle in online business, practitioners handling co-branding agreements face the challenge of choosing the correct legal paradigms as starting points in these kinds of negotiations. Co-branding agreements often incorporate advertising, trademark licensing, service provisions and domain name components. In light of this complexity, choosing the wrong starting point can frustrate the process by omitting key issues from …

Case Update: German Compuserve Director Acquitted On Appeal, Lothar Determann

UC Law SF International Law Review

This update to an earlier article by Dr. Determann reviews the recent acquittal of Felix Somm. The article discusses the case against the backdrop of German internet law. This update also discusses a new European Community directive aimed at regulating electronic commerce.

From Snow-Bound, John Greenleaf Whittier

UC Law Environmental Journal

No abstract provided.

Growth Management And Western Water Law--From Urban Oases To Archipelagos, A. Dan Tarlock, Sarah B. Van De Wetering

UC Law Environmental Journal

No abstract provided.

Minority Protections And Bilateral Agreements: An Effective Mechanism, Elizabeth F. Defeis

UC Law SF International Law Review

Following the breakup of the former Soviet Union and Yugoslavia, attention focused on developing international norms, agreements and regimes for effective minority protection. Under the auspices of United Nations and regional organizations, multilateral and bilateral treaties and declarations have been adopted. These documents recognize that diverse initiatives are necessary to reduce ethnic conflict and encourage States to implement appropriate initiatives. Reliance upon bilateral agreements is particularly encouraged in those situations involving protection of minorities in a situation where ethnic minorities reside in States adjacent to or near their country of nationality as a result of change of boarders or the …

Noncompete Covenants In Japanese Employment Contracts: Recent Developments, Miwako Ogawa

UC Law SF International Law Review

Like employers in the United States, employers in Japan seek to prevent their former employees from competing with them by using noncompete covenants. As Japan's work force and employment system become more diverse, individualized and laterally mobile, noncompete provisions are appearing before the Japanese courts with increasing frequency.

The Japanese courts' approach to noncompete clauses is to scrutinize their "reasonableness" by balancing the competing interests of the employer in protecting its business goals and the employee in preserving his right to freedom of occupation. However, the notion of "reasonableness" has been elusive, causing the Japanese courts to struggle with application …

We've Only Just Begun: The Law Of Sexual Harassment In Japan, Ryuichi Yamakawa

UC Law SF International Law Review

Discussions about sexual harassment in Japan first began a decade ago. However, Japan's Equal Employment Opportunity Law did not directly address sexual harassment until it was amended in 1997. Instead, Japanese courts responded with a jurisprudence that has distinctive characteristics regarding the nature of liability for sexual harassment. First, Japanese courts created a doctrine that sexual harassment constitutes a tort because it infringes on women's "personal rights" or on her rights to the dignity of her personality regarding sexuality. Second, Japanese courts held employers liable for sexual harassment by supervisory employees of subordinates. The 1997 amendment to the Equal Employment …

Prospects For Local Competition In Telecommunications: A Comparison Of The Chilean And American Approaches To Regulatory Reform, Melissa Sampson Mcmorrow

UC Law SF International Law Review

For decades, most nations provided telecommunications services through regulated monopolies or by stale-owned entities. Many nations, including Latin American countries, provided such services through state-owned industries for various reasons. Technological advancements and regulatory reform have dismantled the old guard systems and have ushered in a new era in telecommunications. Latin American countries are going through a dual process of privatization and liberalization. Chile led the region in this effort in the late 1970s. Chile also led the world in creating a competitive market for telecommunications. Its legal framework has opened all markets-long distance, advanced, and local-to competition to varying extents. …

Global Trade And The New Millennium: Defining The Scope Of Intellectual Property Protection Of Plant Genetic Resources And Traditional Knowledge In India, Meetali Jain

UC Law SF International Law Review

As a signatory to the global Trade-Related Intellectual Property Rights treaty (TRIPS), India is obligated to develop national legislation that conforms to the international standards of intellectual property rights protection by January 1, 2000. India now faces the option of either acceding to the requirements of TRIPS or accepting various penalties, including sanctions, from the international community.

This Note focuses on the protection of one type of property, namely plant genetic resources. The case of India provides fertile ground for an examination of the clash between notions of global intellectual property rights and notions of national and local sovereignty over …

The Extraterritorial Reach Of The U.S. Government's Campaign Against International Bribery, H. Lowell Brown

UC Law SF International Law Review

Recent initiatives by the Securities Exchange Commission, acting under the Foreign Corrupt Practices Act (FCPA), and by the Organization of American States and the Organization for Economic Co-operation and Development have highlighted efforts to "level the playing field" of international commerce through the prohibition of government bribery. For U.S. companies, these developments are generally positive. However, foreign entities in which U.S. companies have an interest may now find themselves subject to criminal and civil liability for commercial practices which were formerly beyond the reach of the FCPA and tolerated in their own countries. Accordingly, for U.S. companies doing business internationally …

The Common Law In South Africa: Pro Apartheid Or Pro Democracy, Jeremy Sarkin

UC Law SF International Law Review

The role of the common law in South Africa has been controversial. Some argue that South Africa's common law, inherited from Roman-Dutch and English law, has a problematic colonial tradition that has done little to protect justice and equality. Others argue that if not for parliamentary security legislation, South Africa's common law could have protected rights and freedoms.

This article examines several apartheid-era cases in which the common law protection of individual rights was at stake to determine whether the common law was human rights friendly, or if it was compatible with the constitutional dispensation of human rights abuses. It …

The Joint-Stock Cooperative Enterprise: A New Independent Legal Entity In China, Minkang Gu

UC Law SF International Law Review

The joint stock cooperative enterprise (JSCE) is a new form of enterprise organization in China that is particularly well suited to Chinese ideological and economic characteristics. The JSCE utilizes certain features of a shareholding system, which can be independent from the government and have clearly defined property and ownership rights-basic elements routinely assumed in the corporate law of western countries, but still new in a country constitutionally committed to Marxist-Leninist principles.

This article introduces the concept and legal nature of the JSCE. It analyzes the concept of a legal person and the distinctions between the JSCE and other business forms, …

Disabled Meanings: A Comparison Of The Definitions Of Disability In The British Disability Discrimination Act Of 1995 And The Americans With Disabilities Act Of 1990, Nick Wenbourne

UC Law SF International Law Review

The British Disability Discrimination Act (DDA) marks an important turning point in the history of disability civil rights in Great Britain. The DDA was the first legislation in Europe to specifically acknowledge that disabled people suffer from discrimination in a number of fields and public services including employment, education and transportation. However, people across the political spectrum have criticized the DDA.

This note compares the DDA with its United States counterpart, the Americans with Disabilities Act (ADA), which is widely regarded as the most comprehensive and radical legislation of its kind in the world. This note pays particular attention to …

The Quest For Justice And Reconciliation: The International Criminal Tribunal For Rwanda And The Ethiopian High Court, Yacob Haile-Mariam

UC Law SF International Law Review

About fifty years have gone by since international humanitarian law was first applied to the proseculion and punishment of war criminals. Just a few years ago, the international humanitarian law most law students learned about was couched within public international law, often studied without any serious intention of ever applying it. Recent prosecutions of war criminals in former Yugoslavia, the presence of genocide suspects in Rwanda and the impending establishment of the Permanent International Criminal Tribunal by the United Nations have revived interest in international humanitarian law, with particular interest in genocide and crimes against humanity.

This article compares the …

Necessary Protections For Famous Trademark Holders On The Internet, Gregory D. Phillips

UC Law SF Communications and Entertainment Journal

The Internet is being catapulted to the forefront of commerce and will soon become one of the largest players in the commercial world. Famous and wellknown marks have been the special target of a variety of predatory and parasitical practices on the Internet, such as "cybersquatting" and "cyberpiracy." These practices have been exacerbated by registering domain names through offshore or fictitious entities, or by providing false or fictitious information to the registrar of the domain names, Network Solutions, Inc. This article outlines the problems of "cyberabuse" faced by famous trademark holders on the Internet, and outlines important protections that need …

Swapping Claims In Cyberspace: Legal/Technical Context And Negotiation Stategies For Domain Name Deals, Jefferson F. Scher

UC Law SF Communications and Entertainment Journal

Domain names continue to perform multiple functions as mnemonic addresses for Internet devices, trademarks for new or established businesses, and "search terms" for those who don't know where else to look. This article speaks to the operation of the domain name system, and discusses many business issues that accompany the ownership of a domain name.

Consumer Advocacy In The Sports Industry: Recognizing And Enforcing The Legal Rights Of Sports Fans, Amy Wang

UC Law SF Communications and Entertainment Journal

In the business of today's sports industry, the sports fan has been relegated to the status of a second-class consumer, exercising little influence over major market decisions. This note highlights some of the more fundamental issues affecting the rights of sports fans, focusing specifically on the rights arising from ticket ownership and the rights arising from support of local teams and players.

The New Wave Of Speech And Privacy Developments In Cyberspace, Eric J. Sinrod, Jeffrey W. Reyna, Barak D. Jolish

UC Law SF Communications and Entertainment Journal

As with any other medium of information, the Internet has the potential to be used as a tool for businesses, individuals, and government to peer into people's personal lives. Conversely, many are concerned that the Internet can also be used to deliver objectionable or obscene information to minors. These concerns fuel the ongoing debate over whether and how to regulate the Internet to protect the privacy and speech concerns implicated by its many uses. Congress, the courts, the European Community, and a coalition of Internet industry members have taken several decisive steps in an effort to focus the ever-changing policy …

Chasing The Future: Has The Digital Performance In Sound Recordings Act Of 1995 Kept Pace With Technological Advances In Musical Performance, Or Is Copyright Law Lagging Behind, Steven V. Podolsky

UC Law SF Communications and Entertainment Journal

Ever since jukeboxes and taped music began replacing bands in many restaurants and bars, performing musicians have been deprived of earnings and protection from unauthorized performance of their work. Digital technology exacerbated the problem by creating super quality sound that can be duplicated without a loss of quality. The Internet, which has become a medium for distributing prerecorded music, has the potential for doing damage to ownership interests throughout the entire recorded music industry. In just a few seconds, anyone with Internet access can retrieve, store, and listen to the performance without paying royalties to the performers. This article discusses …

Should Motion Picture Studios And Filmmakers Face Tort Liability For The Acts Of Individuals Who Watch Their Films, S. Michael Kernan

UC Law SF Communications and Entertainment Journal

Motion pictures are speech, just like any other form of expression. As such, the First Amendment protects filmmakers from both criminal liability and tort liability for the speech in their films. A recent opinion from Louisiana, which was denied review by the United States Supreme Court, may have a great impact on filmmaker liability. As long as a plaintiff follows a specific pleading format, filmmakers will be forced to spend the money necessary to defend against potentially frivolous lawsuits all the way through the discovery phase, up and until they prepare an expensive motion for summary judgment. This article analyzes …

Recent Trademark Cases Examine Reverse Domain Name Hijacking, Carl Oppedahl

UC Law SF Communications and Entertainment Journal

The outcome of a domain name dispute can fall anywhere along a spectrum. Some courts grant strong remedies against domain name owners, while others find no liability for domain name owners with common or generic dictionary words that are used by many companies. For every highly visible "strong remedies" case in which the trademark owner chose to go to federal court, there have been dozens of unpublicized cases in which the challenger went to the "court" of Network Solutions, Inc. instead. This article focuses on the three recent cases in which domain name owners, faced with NSI decisions in favor …

The Case For A Specialized Copyright Court: Eliminating The Jurisdictional Advantage, Michael Landau, Donald E. Biederman

UC Law SF Communications and Entertainment Journal

Many of those who specialize in copyright law have become increasingly dismayed by the degree to which the outcome of copyright cases depends upon the venue in which an action is brought. Beyond this, copyright is a highly specialized and technical body of law, and some of its aspects seem to us to be the sort that would be best handled by specialized judges. This article discusses the history of existing specialized courts, and examples that demonstrate that the current system of copyright adjudication works poorly. The authors then recommend the creation of a national copyright court that follows the …

Music Included On Software Downloaded From The Internet: Public Performance Or Private Use, Christopher Paul Moore

UC Law SF Communications and Entertainment Journal

This note addresses the applicability of the public performance right when software creators license copyrighted music to include on software that is sold and delivered directly over the Internet. This note contends that when software is bought from a site on the Internet, and then digitally downloaded to a consumer, a public performance has occurred under section 106(4) of the Copyright Act.

International Copyright Law And The Electronic Media Rights Of Authors And Publishers, Irene Segal Ayers

UC Law SF Communications and Entertainment Journal

This article looks at recent cases resolving disputes over the electronic media rights of freelance journalists and publishers in the United States and Europe. This article considers the implications of conflicting case law for international electronic trade in copyrighted works and suggests international solutions that attempt to balance fairly the competing interests of freelancers, publishers, and the new electronic media industries.

Commentary On William Lloyd Prosser, Strict Liability To The Consumer In California, David J. Jung

UC Law Journal

No abstract provided.

Proving The Obvious: The Antitrust Laws Were Passed To Protect Consumers (Not Just To Increase Efficiency), Robert H. Lande

UC Law Journal

No abstract provided.

A Comment On Competition And Controversy In Local Telecommunications, Howard A. Shelanski

UC Law Journal

No abstract provided.

Defending Larry Flynt: Why Attacking Flynt's Outing Of Sexual Affairs Is Misguided, Clay Calvert, Robert D. Richards

UC Law SF Communications and Entertainment Journal

No abstract provided.

Marching To Madness: Dual Use Trademarks After Illinois High School Association V. Gte Vantage, Jonathan Berger

UC Law SF Communications and Entertainment Journal

March is the month when the college basketball season draws to a close, and the insanity associated with the championship tournaments begins. In 1996, the Court of Appeals for the Seventh Circuit ruled that the term "March Madness" existed with dual-usage. This article argues that there was no need to create the concept of the "dual-use trademark" at all, and that the existing trademark-law framework was perfectly adequate for the task of adjudicating issues such as the one presented here. This article further contends that the potential perils of dualuse trademarks far outweigh any benefits that might spring from their …