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2000

Intellectual Property Law

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Articles 1 - 30 of 190

Full-Text Articles in Law

The Thirty-Ninth Annual Edward G. Donley Memorial Lectures: The Art Of Censorship, Amy Adler Dec 2000

The Thirty-Ninth Annual Edward G. Donley Memorial Lectures: The Art Of Censorship, Amy Adler

West Virginia Law Review

No abstract provided.


Introduction To Keynote Address, John D. Feerick Dec 2000

Introduction To Keynote Address, John D. Feerick

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Privacy Versus The First Amendment: A Skeptical Approach, Solveig Singleton Dec 2000

Privacy Versus The First Amendment: A Skeptical Approach, Solveig Singleton

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel I: The Conflict Between Commercial Speech And Legislation Governing The Commercialization Of Public Sector Data, Robert Sherman, Paul Schwartz, Deirdre Mulligan, Steven Emmert Dec 2000

Panel I: The Conflict Between Commercial Speech And Legislation Governing The Commercialization Of Public Sector Data, Robert Sherman, Paul Schwartz, Deirdre Mulligan, Steven Emmert

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Taking A Step Beyond Maxwell To Tame The Doctrine Of Equivalents, Matthew C. Phillips Dec 2000

Taking A Step Beyond Maxwell To Tame The Doctrine Of Equivalents, Matthew C. Phillips

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel Ii: The Conflict Between Commercial Speech And Legislation Governing The Commercialization Of Private Sector Data, Jennifer Barrett, Evan Hendricks, Solveig Singleton, David Sobel Dec 2000

Panel Ii: The Conflict Between Commercial Speech And Legislation Governing The Commercialization Of Private Sector Data, Jennifer Barrett, Evan Hendricks, Solveig Singleton, David Sobel

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Irving V. Penguin: Historians On Trial And The Determination Of Truth Under English Libel Law, Dennise Mulvihill Dec 2000

Irving V. Penguin: Historians On Trial And The Determination Of Truth Under English Libel Law, Dennise Mulvihill

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Can Coppa Work? An Analysis Of The Parental Consent Measures In The Children's Online Privacy Protection Act, Joshua Warmund Dec 2000

Can Coppa Work? An Analysis Of The Parental Consent Measures In The Children's Online Privacy Protection Act, Joshua Warmund

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Coming Soon To Your State (But Not Ready For Prime Time): Ucita, James S. Heller Nov 2000

Coming Soon To Your State (But Not Ready For Prime Time): Ucita, James S. Heller

Library Staff Publications

No abstract provided.


Judges, Juries, And Patent Cases - An Emprical Peek Inside The Black Box, Kimberly A. Moore Nov 2000

Judges, Juries, And Patent Cases - An Emprical Peek Inside The Black Box, Kimberly A. Moore

Michigan Law Review

The frequency with which juries participate in patent litigation has skyrocketed recently. At the same time, there is a popular perception that the increasing complexity of technology being patented (especially in the electronic, computer software, biological and chemical fields) has made patent trials extremely difficult for lay juries to understand. These developments have sparked extensive scholarly debate and increasing skepticism regarding the role of juries in patent cases. Juries have participated in some aspects of patent litigation since the enactment of the first patent statute in 1790, which provided for "such damages as shall be assessed by a jury." The ...


The Uniform Computer Information Transactions Act (Ucita): Still Not Ready For Prime Time, James S. Heller Oct 2000

The Uniform Computer Information Transactions Act (Ucita): Still Not Ready For Prime Time, James S. Heller

Library Staff Publications

No abstract provided.


Rethinking Patent Law In The Administrative State, Orin S. Kerr Oct 2000

Rethinking Patent Law In The Administrative State, Orin S. Kerr

William & Mary Law Review

This Article challenges the Supreme Court's recent holding that administrative law doctrines should apply to the patent system. The Article contends that the dynamics ofpatent law derive not from public law regulation, but rather from the private law doctrines of contract, property, and tort. Based on this insight, the Article argues that administrative law doctrines such as Chevron and the Administrative Procedure Act should not apply within patent law, and that such doctrines in fact pose a serious threat to the proper functioning of the patent system.


Copyrights And Beyond In The Digital Age, Thomas G. Field Jr. Sep 2000

Copyrights And Beyond In The Digital Age, Thomas G. Field Jr.

Law Faculty Scholarship

At one time, only works visible to the naked eye were copyrightable, but that has long since changed. Now, works capable of perception only by use of VCRs or computers, for example, enjoy the same protection as books, paintings and sculpture. In 1994, William S. Strong reported that he had "heard Chicken Littles say that the sky is falling in on copyright owners" in the digital age and predicted to the contrary. He was right; publishers' problems may have changed in degree but not in kind. For important, if not critical, internet needs to be met, providers must recoup costs.


The Initial Interest Confusion Doctrine And Trademark Infringement On The Intemet, Byrce J. Maynard Sep 2000

The Initial Interest Confusion Doctrine And Trademark Infringement On The Intemet, Byrce J. Maynard

Washington and Lee Law Review

No abstract provided.


Are We Overprotecting Code? Thoughts On First-Generation Internet Law, Orin S. Kerr Sep 2000

Are We Overprotecting Code? Thoughts On First-Generation Internet Law, Orin S. Kerr

Washington and Lee Law Review

No abstract provided.


Review Of The 1999 Patent Law Decisions Of The United States Court Of Appeals For The Federal Circuit , Phil N. Makrogiannis Aug 2000

Review Of The 1999 Patent Law Decisions Of The United States Court Of Appeals For The Federal Circuit , Phil N. Makrogiannis

American University Law Review

No abstract provided.


Review Of The 1999 Trademark Decisions Of The United States Court Of Appeals For The Federal Circuit , Stephen R. Baird Aug 2000

Review Of The 1999 Trademark Decisions Of The United States Court Of Appeals For The Federal Circuit , Stephen R. Baird

American University Law Review

No abstract provided.


Intellectual Property- Protect Or Lose It, Srividhya Ragavan Jul 2000

Intellectual Property- Protect Or Lose It, Srividhya Ragavan

Srividhya Ragavan

No abstract provided.


After Microsoft Wins, Robert H. Lande Jul 2000

After Microsoft Wins, Robert H. Lande

All Faculty Scholarship

No abstract provided.


Electronic Billboards Along The Information Superhighway: Liability Under The Lanham Act For Using Trademarks To Key Internet Banner Ads, Christine Galbraith Davik Jul 2000

Electronic Billboards Along The Information Superhighway: Liability Under The Lanham Act For Using Trademarks To Key Internet Banner Ads, Christine Galbraith Davik

Faculty Publications

With almost one billion web pages on the Internet today, a search engine is a necessity at times. But search engines are also for-profit ventures and the financial success of these sites hinges on advertising revenue. One of the ways in which these sites generate income is by selling “keywords” to advertisers. Although there has been only one judicial decision – Playboy Enterprises, Inc. v. Netscape Communications – involving banner ads keyed to trademarks, it will undoubtedly not be the last. This article argues that despite the invisible nature of this unauthorized trademark use, the common practice of keying a banner ad ...


Copyright Corner: The Adoption Of Ucita In Maryland, Harvey K. Morrell Jul 2000

Copyright Corner: The Adoption Of Ucita In Maryland, Harvey K. Morrell

All Faculty Scholarship

In the December 1999 issue of AALL Spectrum, Charles Cronin provided a fine overview of the Uniform Computer Information Transactions Act (UCITA) and its potential impact on libraries. As he indicated, the National Conference of Commissioners on Uniform State Laws (NCCUSL) offered UCITA to several state legislatures for consideration, with Maryland and Virginia vying to become the first state to enact it. Virginia, whose legislative session began a couple of months before Maryland’s and whose process did not allow much opposition, was first across the line. However, one amendment, included near the end of the process, delayed implementation of ...


Offensive Protection: The Potential Application Of Intellectual Property Law To Scripted Sports Plays, Proloy K. Das Jul 2000

Offensive Protection: The Potential Application Of Intellectual Property Law To Scripted Sports Plays, Proloy K. Das

Indiana Law Journal

No abstract provided.


Actual Versus Legal Control: Reading Vicarious Liability For Copyright Infringement Into The Digital Millennium Copyright Act Of 1998, Charles S. Wright Jul 2000

Actual Versus Legal Control: Reading Vicarious Liability For Copyright Infringement Into The Digital Millennium Copyright Act Of 1998, Charles S. Wright

Washington Law Review

Title 11 of the Digital Millennium Copyright Act of 1998 purports to limit the liability of Internet service providers that have been found vicariously liable for copyright infringement. However, by basing this limitation on the absence of the "benefit" and "control" elements of the common law test for vicarious liability, the plain language of Title II, codified at 17 U.S.C. § 512, appears to preclude statutory protection once a court has found a service provider vicariously liable. This Comment argues that courts must read a narrow definition of "actual" control into 17 U.S.C. § 512(c)(1)(B ...


Architectural Copyright: Recent Developments, Robert Greenstreet, Russell Klingaman Jun 2000

Architectural Copyright: Recent Developments, Robert Greenstreet, Russell Klingaman

Architecture Faculty Articles

This article traces the development of American copyright law as it applies to architectural works from its earliest foundations in the United States Constitution until the enactment of the Architectural Works Copyright Protection Act in 1990. By focusing on the outcomes of the latest legislation through recent case law affecting residential design, the authors evaluate the effectiveness of the protection and illustrate some unintended consequences. In addition, they discuss architectural originality and its relationship to legal protection in the context of individual design freedom.


"Available State Remedies" And The Fourteenth Amendment: Comments On Florida Prepaid V. College Savings Bank, Michael L. Wells Jun 2000

"Available State Remedies" And The Fourteenth Amendment: Comments On Florida Prepaid V. College Savings Bank, Michael L. Wells

Scholarly Works

In Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank, decided during the Supreme Court's October 1998 Term, the specific point at issue was the scope of Congress's authority under Section 5 of the Fourteenth Amendment to impose liability for damages on state governments. In the Patent Remedy Act, Congress had abrogated the states' sovereign immunity from claims of patent infringement. College Savings Bank argued for the validity of the statute on the grounds that patents are property; that patent infringements are deprivations of property; and that the statute simply and appropriately provides a remedy for deprivations ...


Taking A Bite Out Of Circumvention: Analyzing 17 U.S.C. 1201 As A Criminal Law, Jason M. Schulz Jun 2000

Taking A Bite Out Of Circumvention: Analyzing 17 U.S.C. 1201 As A Criminal Law, Jason M. Schulz

Michigan Technology Law Review

...information content providers who depend heavily on copyright law are growing increasingly wary of advances in digital technology that allow manipulation of their content and potentially diminish the effectiveness of their copyright protection. Technology firms, on the other hand, are looking more and more at developing products which provide low-cost, high quality access to content without restriction. Thus, as technologists work feverishly to find new ways to free up information, content providers are fighting just as hard to constrain access in order to prevent market-killing duplication and distribution of their works. These two codependent yet clashing interest groups recently met ...


When Channel Surfers Flip To The Web: Copyright Liability For Internet Broadcasting, Baoding Hsieh Fan May 2000

When Channel Surfers Flip To The Web: Copyright Liability For Internet Broadcasting, Baoding Hsieh Fan

Federal Communications Law Journal

Digital streaming capabilities have enabled real-time Internet transmission of video signals. The advent of "Webcasting" will potentially change the way in which programming reaches audiences-increasing diversity in content as well as customer choice. Currently, cable and satellite systems secure retransmission rights to broadcast programming through statutory copyrights, and debate has ensued over whether online retransmitters should benefit from the same. This Article describes the evolution of streaming video over the Internet and examines the economic exploitation of such technology. After offering an overview of the compulsory copyright system, the Article analyzes the applicability of statutory licenses to Internet retransmissions of ...


Seed Wars: Biotechnology, Intellectual Property, And The Quest For High Yield Seeds , Lara E. Ewens May 2000

Seed Wars: Biotechnology, Intellectual Property, And The Quest For High Yield Seeds , Lara E. Ewens

Boston College International and Comparative Law Review

Presently, intellectual property law is the mechanism that determines international protection and control over biotech innovations in plant varieties and the genetic resources that form the basis for those innovations. The intellectual property paradigm that is utilized employs western definitions of property in order to provide a framework in which to allocate rights. This has resulted in serious distributive problems: western-specific ideas about property, authorship, and individual creative inventors do not translate well to areas where cultural knowledge or generational innovation form the basis of important societal achievements. The default solution in the international agricultural context has been to almost ...


The Bolar Amendment Abroad: Preserving The Integrity Of American Patents Overseas After The South African Medicines Act, Matthew Kramer May 2000

The Bolar Amendment Abroad: Preserving The Integrity Of American Patents Overseas After The South African Medicines Act, Matthew Kramer

Penn State International Law Review

No abstract provided.


Who Owns The Copyright To Faculty-Created Web Sites?: The Work-For-Hire Doctrine's Applicability To Internet Resources Created For Distance Learning And Traditional Classroom Courses, Gregory Kent Laughlin May 2000

Who Owns The Copyright To Faculty-Created Web Sites?: The Work-For-Hire Doctrine's Applicability To Internet Resources Created For Distance Learning And Traditional Classroom Courses, Gregory Kent Laughlin

Boston College Law Review

The Internet has spawned an increased interest in distance education and in using technology to enhance traditional classroom courses. It has also created new markets for faculty-created works. This Article explores who owns these materials. The Article addresses the competing interests of faculty and universities. Educators are concerned about academic freedom and control of their work product. Universities are concerned about competition from their own faculty and the continued right to use faculty-created material in which they have invested considerable resources. Both sides are interested in who gets paid when others seek to use these materials. The Article suggests that ...