Law Commons^™

The Sopa-Tpp Nexus, Jonathan Band

American University International Law Review

No abstract provided.

The Morning After: Trips-Plus, Ftas,And Wikileaks: Fresh Insights On The Implementation And Enforcement Of Ip Protection In Developing Countries, Mohammed El Said

American University International Law Review

No abstract provided.

One Step Ahead, Two Steps Back: Reverse Engineering The Second Draft For The Third Revision Of The Chinese Copyright Law, Hong Xue

American University International Law Review

No abstract provided.

Intellectual Property Training And Education For Development, Peter K. Yu

American University International Law Review

No abstract provided.

Websites And Intangible Asset Amortization Under 26 U.S.C. § 197: A Marriage That Bears Little Fruit, Christopher H. Bowen

Marquette Intellectual Property Law Review

Websites are not only an important part of our electronic lives, they are an important financial and business asset in their own right. With the growth of the internet as a commercial, informational, and recreational resource, companies utilize websites as an important part of their corporate financial portfolio and structure. The increased value of websites that comes from this growth has made websites a valuable asset that companies seek to use as they would other business assets. One important consideration is how the value of websites will be treated upon sale or exchange. In other words, is the website an …

International Intellectual Property Scholars Series: Using Intellectual Property Rights To Create Value In The Coffee Industry, Daphne Zografos Johnson

Marquette Intellectual Property Law Review

Coffee is the single most important tropical commodity traded worldwide. It is produced in over 50 developing countries, and it is estimated that some 20 million rural families, or 125 million people, depend on growing coffee throughout the world for their livelihoods. Over the past decade, coffee producers have been facing considerable difficulties because of low and unstable coffee prices. In 2002, coffee prices collapsed to 100-year lows in real terms, leading to a world coffee crisis. Meanwhile, the coffee economy in high income countries has been moving in the opposite direction, and the crisis is hardly visible from Starbucks-type …

"No Inventions, No Innovations": Reassessing The Government's Antitrust Case Against United States Steel Corporation, Guy B. Maseritz

Journal of Business & Technology Law

No abstract provided.

The Google Police: How The Indictment Of The Pirate Bay Presents A New Solution To Internet Piracy, Bernard A. Mantel

University of Miami Business Law Review

No abstract provided.

Untangling Jurisdiction And Contract Scope Issues Within Intellectual Property Licenses, Brandon Beam

University of Arkansas at Little Rock Law Review

Copyright license cases pose difficult issues regarding the mixture of federal copyright law and state contract law for courts and commentators alike. Specifically, a split exists over which cases "arise under" federal copyright law. This complication is compounded by the difficulty in predicting federal preemption of state contract law.

In an effort to stabilize these complications, this comment recommends an approach of split sovereignty that would empower different systems to control the areas they are designated to regulate. In particular, the author suggests that procedural issues in copyright license cases should be clarified by (1) governing exclusive federal jurisdiction under …

Capital Gains Jabberwocky: Capital Gain, Intangible Property, And Tax, Stephen T. Black

Hofstra Law Review

In the current US tax system, capital gains are taxed at a lower rate than ordinary income. What does that mean for the sale of IP and intangible assets? Is it possible to convert ordinary income to capital gain by changing the form of the transaction?

This article will address anomalies in the tax characterization of intangible assets. Four cases will be presented, each of which, arguably, could consistently produce capital gains. As will be shown, however, the treatment of these cases (and others) is anything but consistent. At the conclusion of the four cases, it should be clear that …

One Work, Three Infringers: Calculating The Correct Number Of Separate Awards Of Statutory Damages In A Copyright Infringement Action, Timothy L. Warnock

Vanderbilt Journal of Entertainment & Technology Law

Columbia Pictures provides the most persuasive analysis of the correct number of separate awards of statutory damages available to a plaintiff. Lime Group recognized that the question was a particularly close one, and the court erred in reaching the opposite result from Columbia Pictures. The Lime Group analysis is based on a fundamentally flawed earlier decision and relies, in the end, on an approach as likely to reward infringers rather than defend the rights of copyright holders: determining whether the potential result in any given case is absurd. Regarding the hypothetical case provided at the beginning of this Essay, Warren …

Bearing Down On Trademark Bullies, Irina D. Manta

Fordham Intellectual Property, Media and Entertainment Law Journal

Trademark bullying has become a persistent problem, with large companies intimidating smaller entities with cease and desist campaigns and achieving anti-competitive results. A number of tactics exist to deal with bullying behavior. One of them is the imposition of judicial sanctions, but the standards in that area are unclear and the defendants often do not have the financial means to engage in litigation at all. Other, extralegal measures such as shaming have shown some success, but also present numerous drawbacks and prove insufficient when used against powerful actors. This symposium contribution proposes a new model that draws on the existing …