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Full-Text Articles in Law

A Trademark Holder's Hangover: Reconciling The Lanham Act With The Alcohol And Tobacco Tax And Trade Bureau's System Of Designating American Viticultural Areas, Julia Lynn Titolo Nov 2016

A Trademark Holder's Hangover: Reconciling The Lanham Act With The Alcohol And Tobacco Tax And Trade Bureau's System Of Designating American Viticultural Areas, Julia Lynn Titolo

Journal of Intellectual Property Law

No abstract provided.


Let's Not Go Crazy: Why Lenz V. Universal Music Corp. Undermines The Notice And Takedown Process Of The Digital Millennium Copyright Act, Mareasa M. Fortunato Nov 2016

Let's Not Go Crazy: Why Lenz V. Universal Music Corp. Undermines The Notice And Takedown Process Of The Digital Millennium Copyright Act, Mareasa M. Fortunato

Journal of Intellectual Property Law

No abstract provided.


Why Coca-Cola's Fictional Lawsuit Against Coke Zero For Taste Infringement Is A Losing Battle, Jessica Nicole Cox Nov 2016

Why Coca-Cola's Fictional Lawsuit Against Coke Zero For Taste Infringement Is A Losing Battle, Jessica Nicole Cox

Journal of Intellectual Property Law

No abstract provided.


I Want My Mp3: Legal And Policy Barriers To A Legitimate Digital Music Marketplace, Shane Wagman, Future Of Music Coalition Nov 2016

I Want My Mp3: Legal And Policy Barriers To A Legitimate Digital Music Marketplace, Shane Wagman, Future Of Music Coalition

Journal of Intellectual Property Law

The Future of Music Coalition (FMC) has provided a voice in Washington, D.C. for musicians since 2000. One of our principal beliefs is that creation, both artistic and technological, is valuable and that artists deserve to be compensated for their work. The amount of this compensation and the mechanisms to facilitate payment are, of course, subject to contracts, market value, and other factors, some experimental or technological in nature. FMC also believes that music fans should be able to lawfully access the music they want without undue barriers or restrictions. Needless to say, finding the appropriate balance between creators' rights …


The Constitutionality Of The Appointment Of Copyright Royalty Judges By The Librarian Of Congress Under The Appointments Clause, John P. Strohm Nov 2016

The Constitutionality Of The Appointment Of Copyright Royalty Judges By The Librarian Of Congress Under The Appointments Clause, John P. Strohm

Journal of Intellectual Property Law

No abstract provided.


Reconciling Social Norms And Copyright Law: Strategies For Persuading People To Pay For Recorded Music, Mark F. Schultz Nov 2016

Reconciling Social Norms And Copyright Law: Strategies For Persuading People To Pay For Recorded Music, Mark F. Schultz

Journal of Intellectual Property Law

No abstract provided.


Copyright--My Story: A One-Woman Play, Corey Field Nov 2016

Copyright--My Story: A One-Woman Play, Corey Field

Journal of Intellectual Property Law

No abstract provided.


The Promise And Peril Of Collective Listening, Whitney Broussard Nov 2016

The Promise And Peril Of Collective Listening, Whitney Broussard

Journal of Intellectual Property Law

No abstract provided.


Digital-Age Claims For Old-World Rights, Joseph M. Beck, Allison M. Scott Nov 2016

Digital-Age Claims For Old-World Rights, Joseph M. Beck, Allison M. Scott

Journal of Intellectual Property Law

No abstract provided.


Symposium Introduction, Bertis Downs Nov 2016

Symposium Introduction, Bertis Downs

Journal of Intellectual Property Law

No abstract provided.


Table Of Contents, Vol. 17:1, Journal Of Intellectual Property Law Nov 2016

Table Of Contents, Vol. 17:1, Journal Of Intellectual Property Law

Journal of Intellectual Property Law

No abstract provided.


Copyrights From A Child's Perspective, Monica Vining Oct 2016

Copyrights From A Child's Perspective, Monica Vining

Journal of Intellectual Property Law

No abstract provided.


Is Liability Just A Link Away? Trademark Dilution By Tarnishment Under The Federal Trademark Dilution Act Of 1995 And Hyperlinks On The World Wide Web, Martha Kelley Oct 2016

Is Liability Just A Link Away? Trademark Dilution By Tarnishment Under The Federal Trademark Dilution Act Of 1995 And Hyperlinks On The World Wide Web, Martha Kelley

Journal of Intellectual Property Law

No abstract provided.


"Within The Limits Of The Constitutional Grant": Constitutional Limitations On The Patent Power, Edward C. Walterscheid Oct 2016

"Within The Limits Of The Constitutional Grant": Constitutional Limitations On The Patent Power, Edward C. Walterscheid

Journal of Intellectual Property Law

No abstract provided.


Justice Between Authors, Dawn C. Nunziato Oct 2016

Justice Between Authors, Dawn C. Nunziato

Journal of Intellectual Property Law

Traditionally, authors' copyright rights have been limited in order to promote the progress of science and the useful arts. However, authors today are increasingly employing additional protective measures that arguably are not subject to such limitations. Even if such extra-copyright measures are not limited like copyright protections, several principles underlying the copyright regime support imposing such limits on authors' rights. In this Article, based upon John Rawls's theory of justice as fairness, I develop a theory of justice between generations of authors. This theory requires that the rights of each generation of authors be limited for the benefit of subsequent …


Table Of Contents, Vol 9:2, Journal Of Intellectual Property Law Oct 2016

Table Of Contents, Vol 9:2, Journal Of Intellectual Property Law

Journal of Intellectual Property Law

No abstract provided.


A Shattered Visage: The Fluctuation Problem With The Recognized Stature Provision In The Visual Artists Rights Act Of 1990, Keshawn M. Harry Oct 2016

A Shattered Visage: The Fluctuation Problem With The Recognized Stature Provision In The Visual Artists Rights Act Of 1990, Keshawn M. Harry

Journal of Intellectual Property Law

No abstract provided.


Endangered Research: The Proliferation Of E-Books And Their Potential Threat To The Fair Use Clause, Jason Cohen Oct 2016

Endangered Research: The Proliferation Of E-Books And Their Potential Threat To The Fair Use Clause, Jason Cohen

Journal of Intellectual Property Law

No abstract provided.


"Profiting At My Expense": An Analysis Of The Commercialization Of Professors' Lecture Notes, Ashley T. Barnett Oct 2016

"Profiting At My Expense": An Analysis Of The Commercialization Of Professors' Lecture Notes, Ashley T. Barnett

Journal of Intellectual Property Law

No abstract provided.


Price Controls Through The Back Door: The Parallel Importation Of Pharmaceuticals, A. Bryan Baer Oct 2016

Price Controls Through The Back Door: The Parallel Importation Of Pharmaceuticals, A. Bryan Baer

Journal of Intellectual Property Law

No abstract provided.


Xml Schemas And Computer Language Copyright: Filling In The Blanks In Blank Esperanto, Douglas E. Phillips Oct 2016

Xml Schemas And Computer Language Copyright: Filling In The Blanks In Blank Esperanto, Douglas E. Phillips

Journal of Intellectual Property Law

No abstract provided.


Trademark Law, Functional Design Features, And The Trouble With Traffix, Harold R. Weinberg Oct 2016

Trademark Law, Functional Design Features, And The Trouble With Traffix, Harold R. Weinberg

Journal of Intellectual Property Law

Part One of this article briefly defines some terms employed throughout and provides a short review of trademark principles. Parts Two and Three employ different methodologies to illuminate the functionality doctrine and the significance of Traffix. Part Two develops the etymology of important functionality standards including those considered in Traffix. It highlights links among the standards, and between the standards and evidence of functionality. Part Two's etymology suggests Part Three's economic methodology. The strength of the economic lens amplifies and simplifies the doctrine while its limitations help to explain why the functionality doctrine has been problematic and why Traffix is …


Table Of Contents, Vol 9:1, Journal Of Intellectual Property Law Oct 2016

Table Of Contents, Vol 9:1, Journal Of Intellectual Property Law

Journal of Intellectual Property Law

No abstract provided.


Private Property For Public Use: The Federal Trademark Dilution Act And Anticybersquatting Consumer Protection Act As Violations Of The Fifth Amendment Takings Clause, Brian C. Smith Oct 2016

Private Property For Public Use: The Federal Trademark Dilution Act And Anticybersquatting Consumer Protection Act As Violations Of The Fifth Amendment Takings Clause, Brian C. Smith

Journal of Intellectual Property Law

No abstract provided.


Combating The Lure Of Impropriety In Professional Sports Industries: The Desirability Of Treating A Playbook As A Legally Enforceable Trade Secret, Rice Ferrelle Oct 2016

Combating The Lure Of Impropriety In Professional Sports Industries: The Desirability Of Treating A Playbook As A Legally Enforceable Trade Secret, Rice Ferrelle

Journal of Intellectual Property Law

No abstract provided.


Flat Broke And Busted, But Can I Keep My Domain Name? Domain Name Property Interests In The First, Fifth, And Eleventh Circuits, Steven Blackerby Oct 2016

Flat Broke And Busted, But Can I Keep My Domain Name? Domain Name Property Interests In The First, Fifth, And Eleventh Circuits, Steven Blackerby

Journal of Intellectual Property Law

No abstract provided.


See Ya Later, Gator: Assessing Whether Placing Pop-Up Advertisements On Another Company's Website Violates Trademark Law, Kirsten M. Beystehner Oct 2016

See Ya Later, Gator: Assessing Whether Placing Pop-Up Advertisements On Another Company's Website Violates Trademark Law, Kirsten M. Beystehner

Journal of Intellectual Property Law

No abstract provided.


Analysis Of Recent Proposals To Reconfigure Hatch-Waxman, Laura J. Robinson Oct 2016

Analysis Of Recent Proposals To Reconfigure Hatch-Waxman, Laura J. Robinson

Journal of Intellectual Property Law

No abstract provided.


A Recording Artist's Right Of Publicity In Today's Advertising Environment: What State Laws Give, The Copyright Act Takes Away, Geronimo Perez Oct 2016

A Recording Artist's Right Of Publicity In Today's Advertising Environment: What State Laws Give, The Copyright Act Takes Away, Geronimo Perez

Journal of Intellectual Property Law

No abstract provided.


Sanitizing Cyberspace: Obscenity, Miller,And The Future Of Public Discourse On The Intemet, John Tehranian Oct 2016

Sanitizing Cyberspace: Obscenity, Miller,And The Future Of Public Discourse On The Intemet, John Tehranian

Journal of Intellectual Property Law

No abstract provided.