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Intellectual Property Law Commons

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Articles 1 - 30 of 47

Full-Text Articles in Intellectual Property Law

Panel I: Legal Issues In Sports Security, Richard H. Fallon, Jr., Milton Ahlerich, Norman Siegel, William D. Squires, Paul H. Zoubek, Laura Freedman Dec 2003

Panel I: Legal Issues In Sports Security, Richard H. Fallon, Jr., Milton Ahlerich, Norman Siegel, William D. Squires, Paul H. Zoubek, Laura Freedman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel Ii: Conflicts Of Interest In Sports, John D. Feerick, David Feher, Craig E. Fenech, Charles Grantham, Steven C. Krane, Nicole Coward Dec 2003

Panel Ii: Conflicts Of Interest In Sports, John D. Feerick, David Feher, Craig E. Fenech, Charles Grantham, Steven C. Krane, Nicole Coward

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel Iii: The Current State Of Sports And The Media, Mark Conrad, Laurie Basch, David S. Denenberg, Jim Durham, Jerome S. Ebenstein, Brett Goodman, Nicole Coward Dec 2003

Panel Iii: The Current State Of Sports And The Media, Mark Conrad, Laurie Basch, David S. Denenberg, Jim Durham, Jerome S. Ebenstein, Brett Goodman, Nicole Coward

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Glass Sneaker: Thirty Years Of Victories And Defeats Involving Title Ix And Sex Discrimination In Athletics, Diane Heckman Dec 2003

The Glass Sneaker: Thirty Years Of Victories And Defeats Involving Title Ix And Sex Discrimination In Athletics, Diane Heckman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Bouchat V. Baltimore Ravens: The Fourth Circuit Adopts The Strinkingly Similar Doctrine To Infer Proof Of Access, Douglas R. Arntsen Dec 2003

Bouchat V. Baltimore Ravens: The Fourth Circuit Adopts The Strinkingly Similar Doctrine To Infer Proof Of Access, Douglas R. Arntsen

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Far From The Finish Line: Transsexualism And Athletic Competition, Jill Pilgrim, David Martin, Will Binder Dec 2003

Far From The Finish Line: Transsexualism And Athletic Competition, Jill Pilgrim, David Martin, Will Binder

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Pay Or Play? The Jeremy Bloom Decision And Ncaa Amateurism Rules, Laura Freedman Dec 2003

Pay Or Play? The Jeremy Bloom Decision And Ncaa Amateurism Rules, Laura Freedman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Rethinking Reexamination Reform: Is It Time For Corrective Surgery, Or Is It Time To Amputate?, Kristn Jakobsen Osenga Dec 2003

Rethinking Reexamination Reform: Is It Time For Corrective Surgery, Or Is It Time To Amputate?, Kristn Jakobsen Osenga

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Platform For Privacy Preferences (“P3p”): Finding Consumer Assent To Electronic Privacy Policies, Kimberly Rose Goldberg Dec 2003

Platform For Privacy Preferences (“P3p”): Finding Consumer Assent To Electronic Privacy Policies, Kimberly Rose Goldberg

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


No Competition: How Radio Consolidation Has Diminished Diversity And Sacrificed Localism, Gregory M. Prindle Dec 2003

No Competition: How Radio Consolidation Has Diminished Diversity And Sacrificed Localism, Gregory M. Prindle

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Personal Fouls: How Sexual Assault By Football Players Is Exposing Universities To Title Ix Liability, Christopher M. Parent Dec 2003

Personal Fouls: How Sexual Assault By Football Players Is Exposing Universities To Title Ix Liability, Christopher M. Parent

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Intellectual Property In Transition Economies: Assessing The Latvian Experience, Simon Helm Dec 2003

Intellectual Property In Transition Economies: Assessing The Latvian Experience, Simon Helm

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


A Barcelona.Com Analysis: Toward A Better Model For Adjudication Of International Domain Name Disputes, Zohar Efroni Dec 2003

A Barcelona.Com Analysis: Toward A Better Model For Adjudication Of International Domain Name Disputes, Zohar Efroni

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Press Rights In Peril: The Department Of Justice Infringes Upon Press Liberties By Conducting "Special Interest" Removal Proceedings, Gabriel S. Oberfield Jun 2003

Press Rights In Peril: The Department Of Justice Infringes Upon Press Liberties By Conducting "Special Interest" Removal Proceedings, Gabriel S. Oberfield

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Filled Milk, Footnote Four & The First Amendment: An Analysis Of The Preferred Position Of Speech After The Carolene Products Decision, Elizabeth Wallmeyer Jun 2003

Filled Milk, Footnote Four & The First Amendment: An Analysis Of The Preferred Position Of Speech After The Carolene Products Decision, Elizabeth Wallmeyer

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Victor’S Little Secret: Supreme Court Decision Means More Protection For Trademark Parody, Jordan M. Blanke Jun 2003

Victor’S Little Secret: Supreme Court Decision Means More Protection For Trademark Parody, Jordan M. Blanke

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


C’Est What? Saisie! A Comparison Of Patent Infringement Remedies Among The G7 Economic Nations, Larry Coury Jun 2003

C’Est What? Saisie! A Comparison Of Patent Infringement Remedies Among The G7 Economic Nations, Larry Coury

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel I: The End Of Equivalents? Examining The Fallout From Festo, J. Michael Jakes, Herbert Michael Schwartz, Harold C. Wegner Mar 2003

Panel I: The End Of Equivalents? Examining The Fallout From Festo, J. Michael Jakes, Herbert Michael Schwartz, Harold C. Wegner

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel Iii: Www.Thegovernmenthasdecideditisinyour(Read:Our)Bestinterestsnottoviewthis.Com: Should The First Amendment Ever Come Second?, Ann Beeson, Jacob M. Lewis, Charles Sims, Lee Tien Mar 2003

Panel Iii: Www.Thegovernmenthasdecideditisinyour(Read:Our)Bestinterestsnottoviewthis.Com: Should The First Amendment Ever Come Second?, Ann Beeson, Jacob M. Lewis, Charles Sims, Lee Tien

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Internet Killed The Video Star: How In-House Internet Distribution Will Affect Profit Participants , Konrad Gatien Mar 2003

Internet Killed The Video Star: How In-House Internet Distribution Will Affect Profit Participants , Konrad Gatien

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Advancing Science While Protecting Developing Countries From Exloitation Of Their Resources And Knowledge, Elizabeth Longacre Mar 2003

Advancing Science While Protecting Developing Countries From Exloitation Of Their Resources And Knowledge, Elizabeth Longacre

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel Ii: Mickey Mice? Potential Ramifications Of Eldred V. Ashcroft, David O. Carson, Eben Moglen, Wendy Seltzer, Charles Sims Mar 2003

Panel Ii: Mickey Mice? Potential Ramifications Of Eldred V. Ashcroft, David O. Carson, Eben Moglen, Wendy Seltzer, Charles Sims

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Festering Questions After Festo, Harold C. Wegner Mar 2003

Festering Questions After Festo, Harold C. Wegner

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Unmasking Crack_Smoking_Jesus: Do Internet Service Providers Have A Tarasoff Duty To Divulge The Identity Of A Subscriber Who Is Making Death Threats, Jon B. Eisenberg, Jeremy B. Rosen Jan 2003

Unmasking Crack_Smoking_Jesus: Do Internet Service Providers Have A Tarasoff Duty To Divulge The Identity Of A Subscriber Who Is Making Death Threats, Jon B. Eisenberg, Jeremy B. Rosen

UC Law SF Communications and Entertainment Journal

Based on a personal experience. During ongoing litigation, the authors' clients began receiving pseudonymous threats by email and on an Internet message board maintained by Yahoo! Inc. This experience led the authors to ask themselves a question: What should lawyers do when their clients receive anonymous death threats electronically during the pendency of litigation? In their case, the Federal Bureau of Investigation (FBI) determined the identity of the perpetrator and the local United States Attorney's office eventually commenced prosecution. However, pursuant to rules of federal grand jury secrecy, the perpetrator's identity still remained a secret. When the identity was sought …


The Perils Of Telemarketing Under The Telephone Consumer Protection Act Sending Unsolicited Faxes Costs Dallas Cowboys $1.73 Million, Leaves Dallas Mavericks Under Full Court Pressure, Paul J. Batista Jan 2003

The Perils Of Telemarketing Under The Telephone Consumer Protection Act Sending Unsolicited Faxes Costs Dallas Cowboys $1.73 Million, Leaves Dallas Mavericks Under Full Court Pressure, Paul J. Batista

UC Law SF Communications and Entertainment Journal

In 1991, Congress passed the Telephone Consumer Protection Act (TCPA) to "protect the privacy interests" of outraged constituents who received annoying phone calls from telemarketers. The Act prohibits sending unsolicited faxes to unwilling recipients, and creates fines up to $1,500 for each individual fax. The Dallas Mavericks have been sued under the Act, creating potential liability of $135 million. Fax broadcasters have unsuccessfully challenged the Act under the First and Fifth Amendments. The Act grants jurisdiction to individual state courts, and a Georgia case has resulted in a final judgment of $11,899,000.


Jazz Photo And The Doctrine Of Patent Exhaustion: Implications To Trips And International Harmonization Of Patent Protection, Daniel Erlikman Jan 2003

Jazz Photo And The Doctrine Of Patent Exhaustion: Implications To Trips And International Harmonization Of Patent Protection, Daniel Erlikman

UC Law SF Communications and Entertainment Journal

The doctrine of patent exhaustion prevents the patent owner from controlling the further destiny of the patented invention once the owner authorized the first sale or use of the product in the marketplace. In recent years, the United States Court of Appeals for the Federal Circuit advanced a modified rule of exhaustion, which permits the U.S. patent holder to contractually restrict the first purchaser's subsequent re-use or re-sale of the product. The recent Jazz Photo decision is a controversial and unjustified switch from existing U.S. jurisprudence in the field of patent exhaustion and parallel imports. By applying a territorial rule …


How To Constitutionally Protect Against Virtual Child Pornography, Emanuel Shiarzi Jan 2003

How To Constitutionally Protect Against Virtual Child Pornography, Emanuel Shiarzi

UC Law SF Communications and Entertainment Journal

The improvement of computer graphics and its resulting burden on prosecuting real child pornography led Congress to pass the Child Pornography Prevention Act (CPPA) of 1996. However, in addition to prohibiting virtual child pornography the CPPA banned many other areas of protected speech and was held unconstitutional in 2002. This article gives an overview of the First Amendment concerns of future virtual child pornography laws, the laws currently being proposed in Congress, and then proposes its own constitutional virtual child pornography law.


China And The Prior Consent Requirement: A Decade Of Invasion And Counter-Invasion By Transfrontier Satellite Television, Mei Ning Yan Jan 2003

China And The Prior Consent Requirement: A Decade Of Invasion And Counter-Invasion By Transfrontier Satellite Television, Mei Ning Yan

UC Law SF Communications and Entertainment Journal

This paper examines and analyzes why the majority of television viewers in China can only have access to domestic television at the beginning of the 21st century, despite direct broadcasting by satellite, which respects no national borders being widely employed in Asia for a decade. By applying national broadcasting rules, this paper argues, the Chinese authorities have successfully given effect to the "prior consent requirement," a concept which was fiercely debated in the international arena and has supposedly long been discarded because of disagreement among nations and technological advances.


Hey, Keep Your Link To Yourself - Legal Challenges To Thumbnails And Inline Linking On The Web And The Potential Implications Of A First Impression Decision In Kelly V. Arriba Soft Corp., Brad M. Scheller Jan 2003

Hey, Keep Your Link To Yourself - Legal Challenges To Thumbnails And Inline Linking On The Web And The Potential Implications Of A First Impression Decision In Kelly V. Arriba Soft Corp., Brad M. Scheller

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


The Biology Of The Broadcast Flag, Susan P. Crawford Jan 2003

The Biology Of The Broadcast Flag, Susan P. Crawford

UC Law SF Communications and Entertainment Journal

The Motion Picture Association of America (MPAA) and its content affiliates would like all consumer electronics and information technology companies to innovate "according to the rules." The arguments made by the MPAA and its content colleagues in support of national (and, eventually, global) control over the functionality of the devices that manipulate content are fundamentally troubling for the future of innovation and the future of law itself. But the content industry has hit on a very important way of thinking about law. We should pay attention to the evolutionary ecosystem of the law as the background medium in which innovation …