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Articles 1 - 12 of 12
Full-Text Articles in Law
The Owned Public Domain: The Constitutional Right Not To Be Excluded – Or The Supreme Court Chose The Right Breakfast Cereal In Kellogg V. National Biscuit Co., Malla Pollack
Malla Pollack
Before the rise of law and economics, the Supreme Court decided several cases involving patent holders' attempts to use trademark doctrines to slow down competitors after the expiration of their utility patents; in each of these cases, the Court enforced a public right to use material in the public domain. To give one famous example, Kellogg Co. v. National Biscuit Co., the "shredded wheat case," came to the Court after the expiration of a product and process utility patent on that once-innovative breakfast cereal. The Court held that a competitor could freely copy the product's name and its well known …
Offensive Protection: The Potential Application Of Intellectual Property Law To Scripted Sports Plays, Proloy K. Das
Offensive Protection: The Potential Application Of Intellectual Property Law To Scripted Sports Plays, Proloy K. Das
Indiana Law Journal
No abstract provided.
Inter-America Bar Association: Resolutions Of The Xxxv Conference
Inter-America Bar Association: Resolutions Of The Xxxv Conference
University of Miami Inter-American Law Review
No abstract provided.
Complexity And Copyright In Contradiction, Michael J. Madison
Complexity And Copyright In Contradiction, Michael J. Madison
Michael J. Madison
The title of the article is a deliberate play on architect Robert Venturi?s classic of post-modern architectural theory, Complexity and Contradiction in Architecture. The article analyzes metaphorical ?architectures? of copyright and cyberspace using architectural and land use theories developed for the physical world. It applies this analysis to copyright law through the lens of the First Amendment. I argue that the ?simplicity? of digital engineering is undermining desirable ?complexity? in legal and physical structures that regulate expressive works.
Dilution-By-Blurring: A Theory Caught In The Shadow Of Trademark Infringement, Kathleen B. Mccabe
Dilution-By-Blurring: A Theory Caught In The Shadow Of Trademark Infringement, Kathleen B. Mccabe
Fordham Law Review
No abstract provided.
Strategic Disclosure In The Patent System, Douglas Lichtman, Scott Baker, Kate Kraus
Strategic Disclosure In The Patent System, Douglas Lichtman, Scott Baker, Kate Kraus
Scholarship@WashULaw
Patent applications are evaluated in light of the prior art. What this means is that patent examiners evaluate a claimed invention by comparing it with what in a rough sense corresponds to the set of ideas and inventions already known to the public. This is done for three reasons. First, the comparison helps to ensure that patents issue only in cases where an inventor has made a non-trivial contribution to the public's store of knowledge. Second, it protects a possible reliance interest on the part of the public since, once an invention is widely known, members of the public might …
Resolving Tensions Between Copyright And The Internet, Walter Effross
Resolving Tensions Between Copyright And The Internet, Walter Effross
Articles in Law Reviews & Other Academic Journals
No abstract provided.
European Perspectives On Licensing In A Net-Work Environment, Hans Henrik Lidgard
European Perspectives On Licensing In A Net-Work Environment, Hans Henrik Lidgard
Hans Henrik Lidgard
No abstract provided.
(National) Trademark Laws And The (Non-National) Domain Name System, Graeme B. Dinwoodie
(National) Trademark Laws And The (Non-National) Domain Name System, Graeme B. Dinwoodie
Graeme B. Dinwoodie
No abstract provided.
European Perspective On Licensing In A Network Environment, Hans Henrik Lidgard
European Perspective On Licensing In A Network Environment, Hans Henrik Lidgard
Hans Henrik Lidgard
No abstract provided.
A New Copyright Order: Why National Courts Should Create Global Norms, Graeme B. Dinwoodie
A New Copyright Order: Why National Courts Should Create Global Norms, Graeme B. Dinwoodie
Graeme B. Dinwoodie
No abstract provided.
The Integration Of International And Domestic Intellectual Property Lawmaking, Graeme B. Dinwoodie
The Integration Of International And Domestic Intellectual Property Lawmaking, Graeme B. Dinwoodie
Graeme B. Dinwoodie
No abstract provided.