Open Access. Powered by Scholars. Published by Universities.®

Commercial Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 31 - 60 of 69

Full-Text Articles in Commercial Law

A Proposed Solution To Jury Confusion In Patent Infringement Cases Involving Means-Plus-Function Claims, Tony Caliendo Mar 2004

A Proposed Solution To Jury Confusion In Patent Infringement Cases Involving Means-Plus-Function Claims, Tony Caliendo

BYU Law Review

No abstract provided.


Foreseeable Trouble: How Festo Corp. V. Shoketsu Kinzoku Kogyo Kabushiki Co. Offends Fundamental Policies Of The U.S. Patent System By Making Prosecution History Estoppel Depend Upon Foreseeability, Tony Caliendo Mar 2003

Foreseeable Trouble: How Festo Corp. V. Shoketsu Kinzoku Kogyo Kabushiki Co. Offends Fundamental Policies Of The U.S. Patent System By Making Prosecution History Estoppel Depend Upon Foreseeability, Tony Caliendo

BYU Law Review

No abstract provided.


On Your Mark, Get Set, Go! A New Race To The Courthouse Sponsored By Holmes Group, Inc. V. Vornado Air Circulation Systems, Inc., Christian A. Fox Mar 2003

On Your Mark, Get Set, Go! A New Race To The Courthouse Sponsored By Holmes Group, Inc. V. Vornado Air Circulation Systems, Inc., Christian A. Fox

BYU Law Review

No abstract provided.


Definition For "Limitation" In The Context Of Prosecution History Estoppel And The All Elements Rule: A Proposed Solution To The Troubling Dictum In Kustom Signals V. Applied Concepts, Philip M. Nelson Mar 2003

Definition For "Limitation" In The Context Of Prosecution History Estoppel And The All Elements Rule: A Proposed Solution To The Troubling Dictum In Kustom Signals V. Applied Concepts, Philip M. Nelson

BYU Law Review

No abstract provided.


Www.Franchisedisclosure.Com: Assessing The Ftc's Proposed Franchise Rule Provisions Involving Electronic Disclosure, Perry C. Siatis May 2000

Www.Franchisedisclosure.Com: Assessing The Ftc's Proposed Franchise Rule Provisions Involving Electronic Disclosure, Perry C. Siatis

BYU Law Review

No abstract provided.


The History, Purpose, And Procedures Of The Advisory Commission On Electronic Commerce, Thomas Griffith Mar 2000

The History, Purpose, And Procedures Of The Advisory Commission On Electronic Commerce, Thomas Griffith

BYU Law Review

No abstract provided.


Electronic Commerce And The State And Federal Tax Bases, J. Clifton Fleming Jr. Mar 2000

Electronic Commerce And The State And Federal Tax Bases, J. Clifton Fleming Jr.

BYU Law Review

The federal income tax does not apply to profits generated by pure mail order sales originating from outside the United States, and state and local consumption taxes are effectively inapplicable to pure mail order sales originating from outside the taxing jurisdiction. These conclusions seem fully applicable to federal taxation of income from sales that are initially solicited through Internet advertising and then transacted over the Internet between a customer in the United States and an out-of-country seller's out-of-country website. Similar conclusions are also, arguably, applicable in the case of state and local consumption taxes. Extension of the mail order tax …


State Taxation Of Electronic Commerce: Perspectives On Proposals For Change And Their Constitutionality, Kendall L. Houghton, Walter Hellerstein Mar 2000

State Taxation Of Electronic Commerce: Perspectives On Proposals For Change And Their Constitutionality, Kendall L. Houghton, Walter Hellerstein

BYU Law Review

No abstract provided.


Leveling The Playing Field: A Business Perspective On Taxing E-Commerce, Val John Christensen Mar 2000

Leveling The Playing Field: A Business Perspective On Taxing E-Commerce, Val John Christensen

BYU Law Review

No abstract provided.


Questioning The Viability Of The Sales Tax: Can It Be Simplified To Create A Level Playing Field?, Rich Mckeown Mar 2000

Questioning The Viability Of The Sales Tax: Can It Be Simplified To Create A Level Playing Field?, Rich Mckeown

BYU Law Review

No abstract provided.


Rethinking State And Local Reliance On The Retail Sales Tax: Should We Fix The Sales Tax Or Discard It?, Charles E. Mclure Jr. Mar 2000

Rethinking State And Local Reliance On The Retail Sales Tax: Should We Fix The Sales Tax Or Discard It?, Charles E. Mclure Jr.

BYU Law Review

No abstract provided.


Katzenbach V. Mcclung: The Abandonment Of Federalism In The Name Of Rational Basis, James M. Mcgoldrick May 1999

Katzenbach V. Mcclung: The Abandonment Of Federalism In The Name Of Rational Basis, James M. Mcgoldrick

Brigham Young University Journal of Public Law

No abstract provided.


Telephone Mnemonics And Complementary Numbers: A Review Of Trademark And Unfair Competition Law And Policy, David R. Mckinney Mar 1999

Telephone Mnemonics And Complementary Numbers: A Review Of Trademark And Unfair Competition Law And Policy, David R. Mckinney

BYU Law Review

No abstract provided.


The Unpredictable Scope Of The Waiver Resulting From The Advice-Of-Counsel Defense To Willful Patent Infringement, Jared S. Goff Mar 1998

The Unpredictable Scope Of The Waiver Resulting From The Advice-Of-Counsel Defense To Willful Patent Infringement, Jared S. Goff

BYU Law Review

No abstract provided.


Guns And Commerce In Dialectical Perspective, Thomas Lundmark May 1997

Guns And Commerce In Dialectical Perspective, Thomas Lundmark

Brigham Young University Journal of Public Law

No abstract provided.


How Modern Treatment Of 35 U.S.C. § 112(6) Has Caused Confusion: Hilton Davis V. Warner-Jenkinson And The Right To A Jury On The Issue Of Patent Infringement Under The "Equitable" Doctrine Of Equivalents, David R. Todd Mar 1996

How Modern Treatment Of 35 U.S.C. § 112(6) Has Caused Confusion: Hilton Davis V. Warner-Jenkinson And The Right To A Jury On The Issue Of Patent Infringement Under The "Equitable" Doctrine Of Equivalents, David R. Todd

BYU Law Review

No abstract provided.


An Employer's Guide To Protecting Trade Secrets From Employee Misappropriation, Derek P. Martin Sep 1993

An Employer's Guide To Protecting Trade Secrets From Employee Misappropriation, Derek P. Martin

BYU Law Review

No abstract provided.


The Need For An American Industrial Policy, Steven C. Earl May 1993

The Need For An American Industrial Policy, Steven C. Earl

BYU Law Review

No abstract provided.


I Want To Know What Bearer Paper Is And I Want To Meet A Holder In Due Course: Reflections On Instruction In Ucc Articles Three And Four, Marianne M. Jennings May 1992

I Want To Know What Bearer Paper Is And I Want To Meet A Holder In Due Course: Reflections On Instruction In Ucc Articles Three And Four, Marianne M. Jennings

BYU Law Review

No abstract provided.


Judicial Review Of State Regulation Which Impacts Foreign Trade: A Second Look At South-Central Timber Development V. Wunnicke, York Moody Faulkner Mar 1992

Judicial Review Of State Regulation Which Impacts Foreign Trade: A Second Look At South-Central Timber Development V. Wunnicke, York Moody Faulkner

BYU Law Review

No abstract provided.


Patent Venue: One More Attempt To Broaden The Statute, David Fogg May 1991

Patent Venue: One More Attempt To Broaden The Statute, David Fogg

BYU Law Review

No abstract provided.


The Eec Merger Regulation And Its Impact On Non-Eec Businesses, Alec Burnside, Carl Meyntjens False Nov 1990

The Eec Merger Regulation And Its Impact On Non-Eec Businesses, Alec Burnside, Carl Meyntjens False

BYU Law Review

No abstract provided.


The Process Patent Amendments Act Of 1988: Solving An Old Problem, But Creating New Ones, W. Bradley Haymond May 1989

The Process Patent Amendments Act Of 1988: Solving An Old Problem, But Creating New Ones, W. Bradley Haymond

BYU Law Review

No abstract provided.


Does The Tenth Amendment Pose Any Judicial Limit On The Commerce Clause After Garcia V. San Antonio Metropolitan Transit Authority And South Carolina V. Baker?, Karl M. Tillman Mar 1989

Does The Tenth Amendment Pose Any Judicial Limit On The Commerce Clause After Garcia V. San Antonio Metropolitan Transit Authority And South Carolina V. Baker?, Karl M. Tillman

BYU Law Review

No abstract provided.


General Electric Credit Corp. V. Ger-Beck Machine Co., Inc.: Section 2-608 Of The U.C.C. And The Three Party Finance Lease, Lee Radford May 1988

General Electric Credit Corp. V. Ger-Beck Machine Co., Inc.: Section 2-608 Of The U.C.C. And The Three Party Finance Lease, Lee Radford

BYU Law Review

No abstract provided.


Equitable Defenses In Incontestable Trademark Infringement Actions: United States Jaycees V. Cedar Rapids Jaycees, Kenneth P. Elbert Sep 1987

Equitable Defenses In Incontestable Trademark Infringement Actions: United States Jaycees V. Cedar Rapids Jaycees, Kenneth P. Elbert

BYU Law Review

No abstract provided.


Regulation, Deregulation And Re-Regulation: An American Perspective, Stephen G. Wood, Don C. Fletcher, Richard F. Holley May 1987

Regulation, Deregulation And Re-Regulation: An American Perspective, Stephen G. Wood, Don C. Fletcher, Richard F. Holley

BYU Law Review

No abstract provided.


The Legal Framework Of Japanese Industrial Policy, Mitsuo Matsushita May 1987

The Legal Framework Of Japanese Industrial Policy, Mitsuo Matsushita

BYU Law Review

No abstract provided.


Direct Regulation And Its Reform: A Canadian Perspective, W. T. Stanbury May 1987

Direct Regulation And Its Reform: A Canadian Perspective, W. T. Stanbury

BYU Law Review

No abstract provided.


Inequitable Conduct And The Duty Of Disclosure In Patent Procurement, Evan R. Witt Mar 1986

Inequitable Conduct And The Duty Of Disclosure In Patent Procurement, Evan R. Witt

BYU Law Review

No abstract provided.