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Articles 1 - 30 of 51
Full-Text Articles in Intellectual Property Law
Keynote Address: Commons And Code, Lawrence Lessig
Keynote Address: Commons And Code, Lawrence Lessig
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Panel Ii: The Economic And Regulatory Issues Of Convergence, William Baer, Lawrence Grossman, Jeffrey Lanning, Robert Joffe
Panel Ii: The Economic And Regulatory Issues Of Convergence, William Baer, Lawrence Grossman, Jeffrey Lanning, Robert Joffe
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Protection In The United States For “Famous Marks”: The Federal Trademark Dilution Act Revisited, Edward E. Vassallo, Maryanne Dickey
Protection In The United States For “Famous Marks”: The Federal Trademark Dilution Act Revisited, Edward E. Vassallo, Maryanne Dickey
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Oddzon Products And Derivation Of Invention: At Odds With The Purpose Of Section 102(F) Of The Patent Act Of 1952?, Brian P. Murphy
Oddzon Products And Derivation Of Invention: At Odds With The Purpose Of Section 102(F) Of The Patent Act Of 1952?, Brian P. Murphy
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Jurisdiction, Choice Of Law, Copyright, And The Internet: Protection Against Framing In An International Setting, Kai Burmeister
Jurisdiction, Choice Of Law, Copyright, And The Internet: Protection Against Framing In An International Setting, Kai Burmeister
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Laudatory Terms In Trademark Law: Square Pegs In Round Holes, Gary J. Sosinsky
Laudatory Terms In Trademark Law: Square Pegs In Round Holes, Gary J. Sosinsky
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Damnum Absque Inujria: Zeran V. Aol And Cyberspace Defamation Law, Steven M. Cordero
Damnum Absque Inujria: Zeran V. Aol And Cyberspace Defamation Law, Steven M. Cordero
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Introduction To Keynote Address, Joel R. Reidenberg
Introduction To Keynote Address, Joel R. Reidenberg
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Panel I: The First Amendment Implications Of Convergence, Andrew Jay Schwartzman, Nicholas Jollymore, Janine Jaquet, Jonathan Zittrain
Panel I: The First Amendment Implications Of Convergence, Andrew Jay Schwartzman, Nicholas Jollymore, Janine Jaquet, Jonathan Zittrain
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Leave No Stone Unturned: The Search For Art Stolen By The Nazis And The Legal Rules Governing Restitution Of Stolen Art, Kelly Diane Walton
Leave No Stone Unturned: The Search For Art Stolen By The Nazis And The Legal Rules Governing Restitution Of Stolen Art, Kelly Diane Walton
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
George Washington University Law School And Oracle Corporation Symposium On Intellectual Property Rights In Methods Of Doing Business, Sanjay Prasad
George Washington University Law School And Oracle Corporation Symposium On Intellectual Property Rights In Methods Of Doing Business, Sanjay Prasad
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Obviousness And New Technologies, John Kasdan
Obviousness And New Technologies, John Kasdan
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Unfair Competition Law And The European Court Of Human Rights: The Case Of Hertel V. Switzerland And Beyond, A. Kamperman Sanders
Unfair Competition Law And The European Court Of Human Rights: The Case Of Hertel V. Switzerland And Beyond, A. Kamperman Sanders
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Opportunity Costs Of Globalizing Information Licenses Embedding Consumer Rights Within The Legislative Framework For Information Contracts, Gail E. Evans
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Parallel Trade In The Pharmaceutical Industry: Implications For Innovation, Consumer Welfare, And Health Policy Article, Clause E. Barfield, Mark A. Groombridge
Parallel Trade In The Pharmaceutical Industry: Implications For Innovation, Consumer Welfare, And Health Policy Article, Clause E. Barfield, Mark A. Groombridge
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Post Industrial Patent System, John R. Thomas
The Post Industrial Patent System, John R. Thomas
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Scope Of Protection Problems With Patents And Copyrights On Methods Of Doing Business, Richard H. Stern
Scope Of Protection Problems With Patents And Copyrights On Methods Of Doing Business, Richard H. Stern
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The State Street Bank Decision: The Bad Business Of Unlimited Patent Protection For Methods Of Doing Business, Leo J. Raskind
The State Street Bank Decision: The Bad Business Of Unlimited Patent Protection For Methods Of Doing Business, Leo J. Raskind
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Internet Domain Names And Trademarks: Recent Developments In Domestic And International Disputes, G. Gervaise Davis Iii
Internet Domain Names And Trademarks: Recent Developments In Domestic And International Disputes, G. Gervaise Davis Iii
UC Law SF Communications and Entertainment Journal
Domain name conflicts have already become a significant legal issue in the United States and are starting to be a similar problem in other nations, especially in the European Community. These disputes can easily turn into costly litigation and/or expensive negotiations over transferring the name from one owner to another, between owners of existing domain names and similar trademarks. While there are a number of pending changes in the domain name assignment procedures, it seems unlikely that the proposals will resolve anything, and in fact, the proposals will probably lead to more litigation.
Symposium Presentation: Doing Internet Co-Branding Agreements, Eric Goldman
Symposium Presentation: Doing Internet Co-Branding Agreements, Eric Goldman
UC Law SF Communications and Entertainment Journal
Mr. Goldman discusses many important issues that need to be considered when deciding to participate in and when drafting co-branding agreements, but which are often overlooked. As internet co-branding has become ubiquitous as a means of combining one website's functionality and another's marketing muscle in online business, practitioners handling co-branding agreements face the challenge of choosing the correct legal paradigms as starting points in these kinds of negotiations. Co-branding agreements often incorporate advertising, trademark licensing, service provisions and domain name components. In light of this complexity, choosing the wrong starting point can frustrate the process by omitting key issues from …
Necessary Protections For Famous Trademark Holders On The Internet, Gregory D. Phillips
Necessary Protections For Famous Trademark Holders On The Internet, Gregory D. Phillips
UC Law SF Communications and Entertainment Journal
The Internet is being catapulted to the forefront of commerce and will soon become one of the largest players in the commercial world. Famous and wellknown marks have been the special target of a variety of predatory and parasitical practices on the Internet, such as "cybersquatting" and "cyberpiracy." These practices have been exacerbated by registering domain names through offshore or fictitious entities, or by providing false or fictitious information to the registrar of the domain names, Network Solutions, Inc. This article outlines the problems of "cyberabuse" faced by famous trademark holders on the Internet, and outlines important protections that need …
Swapping Claims In Cyberspace: Legal/Technical Context And Negotiation Stategies For Domain Name Deals, Jefferson F. Scher
Swapping Claims In Cyberspace: Legal/Technical Context And Negotiation Stategies For Domain Name Deals, Jefferson F. Scher
UC Law SF Communications and Entertainment Journal
Domain names continue to perform multiple functions as mnemonic addresses for Internet devices, trademarks for new or established businesses, and "search terms" for those who don't know where else to look. This article speaks to the operation of the domain name system, and discusses many business issues that accompany the ownership of a domain name.
Consumer Advocacy In The Sports Industry: Recognizing And Enforcing The Legal Rights Of Sports Fans, Amy Wang
Consumer Advocacy In The Sports Industry: Recognizing And Enforcing The Legal Rights Of Sports Fans, Amy Wang
UC Law SF Communications and Entertainment Journal
In the business of today's sports industry, the sports fan has been relegated to the status of a second-class consumer, exercising little influence over major market decisions. This note highlights some of the more fundamental issues affecting the rights of sports fans, focusing specifically on the rights arising from ticket ownership and the rights arising from support of local teams and players.
The New Wave Of Speech And Privacy Developments In Cyberspace, Eric J. Sinrod, Jeffrey W. Reyna, Barak D. Jolish
The New Wave Of Speech And Privacy Developments In Cyberspace, Eric J. Sinrod, Jeffrey W. Reyna, Barak D. Jolish
UC Law SF Communications and Entertainment Journal
As with any other medium of information, the Internet has the potential to be used as a tool for businesses, individuals, and government to peer into people's personal lives. Conversely, many are concerned that the Internet can also be used to deliver objectionable or obscene information to minors. These concerns fuel the ongoing debate over whether and how to regulate the Internet to protect the privacy and speech concerns implicated by its many uses. Congress, the courts, the European Community, and a coalition of Internet industry members have taken several decisive steps in an effort to focus the ever-changing policy …
Chasing The Future: Has The Digital Performance In Sound Recordings Act Of 1995 Kept Pace With Technological Advances In Musical Performance, Or Is Copyright Law Lagging Behind, Steven V. Podolsky
Chasing The Future: Has The Digital Performance In Sound Recordings Act Of 1995 Kept Pace With Technological Advances In Musical Performance, Or Is Copyright Law Lagging Behind, Steven V. Podolsky
UC Law SF Communications and Entertainment Journal
Ever since jukeboxes and taped music began replacing bands in many restaurants and bars, performing musicians have been deprived of earnings and protection from unauthorized performance of their work. Digital technology exacerbated the problem by creating super quality sound that can be duplicated without a loss of quality. The Internet, which has become a medium for distributing prerecorded music, has the potential for doing damage to ownership interests throughout the entire recorded music industry. In just a few seconds, anyone with Internet access can retrieve, store, and listen to the performance without paying royalties to the performers. This article discusses …
Should Motion Picture Studios And Filmmakers Face Tort Liability For The Acts Of Individuals Who Watch Their Films, S. Michael Kernan
Should Motion Picture Studios And Filmmakers Face Tort Liability For The Acts Of Individuals Who Watch Their Films, S. Michael Kernan
UC Law SF Communications and Entertainment Journal
Motion pictures are speech, just like any other form of expression. As such, the First Amendment protects filmmakers from both criminal liability and tort liability for the speech in their films. A recent opinion from Louisiana, which was denied review by the United States Supreme Court, may have a great impact on filmmaker liability. As long as a plaintiff follows a specific pleading format, filmmakers will be forced to spend the money necessary to defend against potentially frivolous lawsuits all the way through the discovery phase, up and until they prepare an expensive motion for summary judgment. This article analyzes …
Recent Trademark Cases Examine Reverse Domain Name Hijacking, Carl Oppedahl
Recent Trademark Cases Examine Reverse Domain Name Hijacking, Carl Oppedahl
UC Law SF Communications and Entertainment Journal
The outcome of a domain name dispute can fall anywhere along a spectrum. Some courts grant strong remedies against domain name owners, while others find no liability for domain name owners with common or generic dictionary words that are used by many companies. For every highly visible "strong remedies" case in which the trademark owner chose to go to federal court, there have been dozens of unpublicized cases in which the challenger went to the "court" of Network Solutions, Inc. instead. This article focuses on the three recent cases in which domain name owners, faced with NSI decisions in favor …
The Case For A Specialized Copyright Court: Eliminating The Jurisdictional Advantage, Michael Landau, Donald E. Biederman
The Case For A Specialized Copyright Court: Eliminating The Jurisdictional Advantage, Michael Landau, Donald E. Biederman
UC Law SF Communications and Entertainment Journal
Many of those who specialize in copyright law have become increasingly dismayed by the degree to which the outcome of copyright cases depends upon the venue in which an action is brought. Beyond this, copyright is a highly specialized and technical body of law, and some of its aspects seem to us to be the sort that would be best handled by specialized judges. This article discusses the history of existing specialized courts, and examples that demonstrate that the current system of copyright adjudication works poorly. The authors then recommend the creation of a national copyright court that follows the …
Music Included On Software Downloaded From The Internet: Public Performance Or Private Use, Christopher Paul Moore
Music Included On Software Downloaded From The Internet: Public Performance Or Private Use, Christopher Paul Moore
UC Law SF Communications and Entertainment Journal
This note addresses the applicability of the public performance right when software creators license copyrighted music to include on software that is sold and delivered directly over the Internet. This note contends that when software is bought from a site on the Internet, and then digitally downloaded to a consumer, a public performance has occurred under section 106(4) of the Copyright Act.
International Copyright Law And The Electronic Media Rights Of Authors And Publishers, Irene Segal Ayers
International Copyright Law And The Electronic Media Rights Of Authors And Publishers, Irene Segal Ayers
UC Law SF Communications and Entertainment Journal
This article looks at recent cases resolving disputes over the electronic media rights of freelance journalists and publishers in the United States and Europe. This article considers the implications of conflicting case law for international electronic trade in copyrighted works and suggests international solutions that attempt to balance fairly the competing interests of freelancers, publishers, and the new electronic media industries.