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Sweeping The E-Commerce Patent Minefield: The Need For A Workable Business Method Exception, William Krause
Sweeping The E-Commerce Patent Minefield: The Need For A Workable Business Method Exception, William Krause
Seattle University Law Review
This Comment will trace the history of patent protection for methods of doing business over the past two decades, then it will inspect the problems that this protection has wrought: litigation, increased barriers to e-commerce entrepreneurs, and the threat of a less vibrant electronic marketplace. Because each traditional method of protecting intellectual property -- patent, copyright, and trade secret -- has strengths and limitations in protecting advancements in software technology, this Comment will examine the relative benefits of each method. Finally, this Comment will suggest a simple, easily applied test that will offer patent protection to true innovations while reserving …
"I See What You're Saying": Trademarked Terms And Symbols As Protected Consumer Commentary In Consumer Opinion Websites, Leslie C. Rochat
"I See What You're Saying": Trademarked Terms And Symbols As Protected Consumer Commentary In Consumer Opinion Websites, Leslie C. Rochat
Seattle University Law Review
Although there are a wide array of unresolved trademark issues with regard to the Internet, this Comment will not address disputes involving anything beyond the visible content of an individual's website. Domain name and meta-tag issues, though often referenced in order to demonstrate trends in analysis, are not the subjects of this inquiry. Rather, this Comment will focus on the triumvirate of claims most frequently asserted against individual web masters in the battle over the propriety of consumer commentary: trademark infringement, unfair competition, and trademark dilution. A recent court decision, Bally Total Fitness v. Faber, provides an example of the …