Intellectual Property Law Commons^™

Dedication To The Honorable William Hughes Mulligan, John D. Feerick

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Global Intellectual Property In The Twenty-First Century, Bruce A. Lehman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Fifty Years Of The Lanham Act: A Retrospective Of Section 43(A), Ethan Horwitz, Benjamin Levi

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Analysis And Suggestions Regarding Nsi Domain Name Trademark Dispute Policy, Carl Oppedahl

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Federal Trademark Dilution Act Of 1995: Substantial Likelihood Of Confusion, Eric A. Prager

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Baseball’S Antitrust Exemption: Out Of The Pennant Race Since 1972, Anthony Sica

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Year In Review: Accomplishments And Objectives Of The U.S. Copyright Office, Marybeth Peters

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Foreword - Half A Century Of Federal Trademark Protection: The Lanham Act Turns Fifty, H. Peter Nesvold, Lisa M. Pollard

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Lanham Act: A Living Thing, Joseph D. Garon

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Trademark Office As A Government Corporation , Jeffrey M. Samuels, Linda B. Samuels

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The False Inventive Genus: Developing A New Approach For Analyzing The Sufficiency Of Patent Disclosure Within The Unpredictable Arts, Brian P. O'Shaughnessy

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Anonymity And International Law Enforcement In Cyberspace, Jonathan I. Edelstein

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Panel Ii: Censorship Of Cable Television’S Leased And Public Access Channels: Current Status Of Alliance For Community Media V. Fcc , Stuart W. Gold, Marjorie Heins, James N. Horwood, Robert T. Perry

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Recent Changes In The Duration Of Copyright In The United States And European Union: Procedure And Policy, Lisa M. Brownlee

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Deconstructing The Fair Use Doctrine: The Cost Of Personal And Workplace Copying After American Geophysical Union V. Texaco, Inc., Nicole B. Cásarez

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Communication Breakdown: Developing An Antitrust Model For Multimedia Mergers And Acquisitions, H. Peter Nesvold

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Panel I: The Changing Landscape Of Jurisprudence In Light Of The New Communications And Media Alliances, Creighton O'M. Condon, Robert D. Joffe, Nicholas J. Jollymore, John R. Tyler

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Panel Iii: Implications Of The New Telecommunications Legislation , David E. Bronston, Antoinette Cook Bush, J. Richard Devlin, Theodore C. Hirt

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Childporn.Gif: Establishing Liability For On-Line Service Providers, Joseph N. Campolo

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Rosenberger V. Rector & Visitors Of The University Of Virginia: The Myth Of The Content Neutral Establishment Clause, Mark Daniel Salzberg

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Lecture Series, Mary Kay Kane

UC Law SF Communications and Entertainment Journal

No abstract provided.

Patent Protection For Computer-Related Inventions: The Past, The Present, And The Future, Nancy J. Linck, Karen A. Buchanan

UC Law SF Communications and Entertainment Journal

Intellectual property protection is important to the United States' economic welfare, in particular to the computer industry. This Article briefly overviews the underlying purpose of the United States' patent laws and the confusion present in the law regarding patent protection for computer software and computer-related inventions. It begins its discussion of this confusion with a review of the history of patent protection for these inventions, characterizing the history as "marked by 'stops and starts.'" The initial "starts" are numerous cases from the Court of Customs and Patent Appeals reversing the Patent and Trademark Office's (PTO's) refusal to issue a patent …

Utilitarian Design Features And Antitrust Parallels: An Economic Approach To Understanding The Funtionality Defense In Trademark Litigation, M. A. Cunningham

UC Law SF Communications and Entertainment Journal

In this Article, the author addresses an issue of continuing significant concern to trade dress owners by examining the impact of a recent Supreme Court decision on the role of the functionality defense in trademark litigation. He traces the development of the functionality doctrine in the courts and identifies the convergence of the principles underlying the doctrine with the competition concerns of antitrust law. The Article concludes with recommendations for ways of employing the economic analysis used in antitrust litigation as an effective tool to resolve disputes over whether a particular combination of design features is functional.

Impact Of The Communications Decency Act Of 1996 On Federal Prosecutions Of Computer Dissemination Of Obscenity, Indecency, And Child Pornography, William P. Keane

UC Law SF Communications and Entertainment Journal

With the passage of the Communications Decency Act of 1996, Congress provided federal prosecutors with a potentially powerful new tool for combating "indecent" communications sent or made available to minors through computer networks. The author offers an early examination of the CDA on the use of computer and computer networks as instrumentalities of federal obscenity, indecency, and child pornography crimes, as well as the possible Constitutional challenges that are likely to emerge. He also outlines anticipated problems with enforcement, proof, and various defense strategies.

Virtual Prostitution: New Technologies And The World's Oldest Profession, David Cardiff

UC Law SF Communications and Entertainment Journal

The various developing technologies that will allow entertainment consumers to receive video on demand will provide increased choice and interactivity. These technologies will also be capable of providing interactive video pornography, thus refocusing the public debate regarding obscene and indecent communications. This Note explores the capabilities of these new technologies, vis-A-vis pornographic communications, in the context of the traditional nuisance-based jurisprudence that has evolved in response to more traditional means of disseminating pornography, and in the context of the various new laws, including the Communications Decency Act of 1996, which are intended to restrict access to, and punish purveyors of, …

Pinning The Blame In Cyberspace: Towards A Coherent Theory For Imposing Vicarious Copyright, Trademark And Tort Liability For Conduct Ocurring Over The Internet, Ian C. Ballon

UC Law SF Communications and Entertainment Journal

Vicarious liability, or the principle that under certain circumstances it is fair and just to hold unrelated third parties liable for conduct which they did not initiate or perhaps even condone, is both a logical outgrowth of, and impediment to, the ongoing rapid expansion of the Internet. Online infringers and tortfeasors may be more likely than others to be effectively "judgment proof," because their conduct was undertaken anonymously, they cannot satisfy a damages award, or they are located beyond the jurisdiction of a convenient and economical U.S. venue for litigation. As a consequence, and as Internet use has increased and …

Regulating Competition In The Information Age: Computer Software As An Essential Facility Under The Sherman Act, David Mcgowan

UC Law SF Communications and Entertainment Journal

This Article examines the application of the antitrust laws to computer software markets, beginning with a discussion of the different economic approaches underlying the antitrust and copyright laws. The Article contends generally that antitrust does not provide the analytical tools necessary to determine the optimal scope of copyright protection. The Article then examines more particularly the increasingly common argument that access to software code-including at least some form of copying-may be an "essential facility" under the antitrust laws. In this regard the Article discusses the analytical confusion surrounding the essential facilities concept and argues that application of the concept should …

The Application Of Securities Laws In Cyberspace: Jurisdictional And Regulatory Problems Posed By Internet Securities Transactions, Kenneth W. Brakebill

UC Law SF Communications and Entertainment Journal

This Note examines the impact of the Cyberspace revolution upon our current American system of securities regulation. The Author discusses several recent technological innovations, including the advent of electronic media to deliver corporate information to investors, the use of the Internet to consummate public stock offerings, and the creation of on-line securities trading systems to match buyers and sellers, and addresses the response of securities regulators to these novelties. In large part, the author will explore the legal uncertainty that has been thrust upon the American courts, federal and state regulators, and investors in light of the growing use of …

Making The World Wide Web Safe For Democracy: A Medium-Specific First Amendment Analysis, Andrew Chin

UC Law SF Communications and Entertainment Journal

The World Wide Web, a vast speech domain that may ultimately swallow all current forms of telecommunications media, presents urgent First Amendment issues. Most significantly, the structure of linked documents on the Web has served to concentrate speech power and impoverish democratic discourse. As extensive surveys by the author and others demonstrate, commercial speech dominates the Web and political discourse on the Web has become balkanized.

Using a quantitative model, it is possible to isolate and identify the characteristics of Web sites that contribute to robust public debate. These findings suggest a range of structural policies that would support the …

At The Interface Of Patent And Trademark Law: Should A Product Configuration Disclosed In A Utility Patent Ever Qualify For Trade Dress Protection, Kevin E. Mohr

UC Law SF Communications and Entertainment Journal

Patent law seeks to advance technological innovation by encouraging invention with a limited-duration monopoly. In return, the inventor discloses his invention, and it becomes free for the public to use upon the patent's expiration. Trademark law seeks to avoid consumer confusion by granting to the trademark owner for an indefinite period a monopoly in the use of the mark in connection with its goods. Where a product is protected by a utility patent and the product owner also seeks to protect the product's shape or design by relying on trademark law, these policies can collide. This can result in the …