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Intellectual Property Law Commons

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Full-Text Articles in Intellectual Property Law

Infrostructure(S): Administering Information, Kali Murray Oct 2023

Infrostructure(S): Administering Information, Kali Murray

Buffalo Law Review

This Article, Infrostructure(s): Administering Information, considers how authoritative entities generate, manage, and produce informational structures, facilities, and architectures that support market creation and creative economy decision-making between private parties and entities. The term infrostructure, as opposed to other terms, such as infostructure and infosphere, suggests that infrostructures play vital roles in modern democratic life including producing new information resources, facilitating private transactions between private parties, and building the administrative state.

This Article is divided into two parts. Part I discusses how information regulation is mediated through information forms and information systems with a focus on the materialities of information forms …


Generic Ab Initio, James A. Heilpern, Earl Kjar Brown, William G. Eggington, Zachary D. Smith Jun 2022

Generic Ab Initio, James A. Heilpern, Earl Kjar Brown, William G. Eggington, Zachary D. Smith

Buffalo Law Review

From comic conventions to disbanded dioceses, courts continue to struggle with a unique but puzzling question of trademark law. Federal law protects certain terms that refer to a product or service from a specific producer instead of to a product generally. Terms that refer to products are considered generic and cannot receive protection. Courts have also held that a term that was generic at the time the party adopted the mark cannot receive protection, even if the public later views it as being specific to a particular producer. But, many marks were adopted decades or centuries ago. As a result, …


Blockchain Copyright Exchange – A Prototype, Jiarui Liu Oct 2021

Blockchain Copyright Exchange – A Prototype, Jiarui Liu

Buffalo Law Review

The copyright market for creative works such as music and movies traditionally involves a complex web of licensing transactions and exorbitant transaction costs. Out of every dollar that consumers pay, an artist who writes, performs, and produces her own work may receive less than fifteen cents while the rest are diverted to cover the costs of financing new production, marketing new works, and distributing royalties. Although artists are typically scheduled to receive royalties on a quarterly basis, a payment may lag as far as two years after users paid. Furthermore, if a collecting society is unable to identify the rightful …


A Legislative Framework To Avoid A Vulgar Trademark System, Jordan Kilijanski Jun 2021

A Legislative Framework To Avoid A Vulgar Trademark System, Jordan Kilijanski

Buffalo Law Review

No abstract provided.


Modify State “Piracy” After Allen: Introducing Apology To The U.S. Copyright Regime, Runhua Wang Apr 2021

Modify State “Piracy” After Allen: Introducing Apology To The U.S. Copyright Regime, Runhua Wang

Buffalo Law Review

Copyright protection from state offenders is onerous because of the imbalanced bargaining power between states and authors, which is increased by the U.S. Supreme Court decision in Allen v. Cooper. This decision clarifies that state sovereign immunity is not abrogated by the Copyright Remedy Clarification Act of 1990 (“CRCA”). It secures states’ constitutional rights, the public interest, and the efficiency of copyright infringement litigations against states. However, a paradox of this decision is that it may harm innovation incentives or spirits of creativity due to the increased imbalanced bargaining power to prevent authors from being repaired for their economic or …


Comment: Loosening The Grasp Of Restriction By Allowing Multiple Claims In Design Patents, Samuel E. Kielar Sep 2020

Comment: Loosening The Grasp Of Restriction By Allowing Multiple Claims In Design Patents, Samuel E. Kielar

Buffalo Law Review

No abstract provided.


Occupy Copyright: A Law & Economic Analysis Of U.S. Author Termination Rights, Kate Darling Jan 2015

Occupy Copyright: A Law & Economic Analysis Of U.S. Author Termination Rights, Kate Darling

Buffalo Law Review

No abstract provided.


Trademark Infringement, Trademark Dilution, And The Decline In Sharing Of Famous Brand Names: An Introduction And Empirical Study, Robert Brauneis, Paul Heald Jan 2011

Trademark Infringement, Trademark Dilution, And The Decline In Sharing Of Famous Brand Names: An Introduction And Empirical Study, Robert Brauneis, Paul Heald

Buffalo Law Review

No abstract provided.


Rule-Based Expression In Copyright Law, Jeffrey Malkan Apr 2009

Rule-Based Expression In Copyright Law, Jeffrey Malkan

Buffalo Law Review

No abstract provided.


The Death Of Copyright Protection In Individual Price Valuations, A Flawed Merger Doctrine, And Financial Market Manipulation: New York Mercantile Exchange V. Intercontinentalexchange, Jeremy V. Murray Jan 2009

The Death Of Copyright Protection In Individual Price Valuations, A Flawed Merger Doctrine, And Financial Market Manipulation: New York Mercantile Exchange V. Intercontinentalexchange, Jeremy V. Murray

Buffalo Law Review

No abstract provided.


Race-Specific Patents, Commercialization, And Intellectual Property Policy, Shubha Ghosh May 2008

Race-Specific Patents, Commercialization, And Intellectual Property Policy, Shubha Ghosh

Buffalo Law Review

No abstract provided.


Intellectual Property Rights In Digital Media: A Comparative Analysis Of Legal Protection, Technological Measures, And New Business Models Under Eu And U.S. Law, Nicola Lucchi Oct 2005

Intellectual Property Rights In Digital Media: A Comparative Analysis Of Legal Protection, Technological Measures, And New Business Models Under Eu And U.S. Law, Nicola Lucchi

Buffalo Law Review

No abstract provided.


From Sony To Grokster, The Failure Of The Copyright Doctrines Of Contributory Infringement And Vicarious Liability To Resolve The War Between Content And Destructive Technologies, Craig A. Grossman Jan 2005

From Sony To Grokster, The Failure Of The Copyright Doctrines Of Contributory Infringement And Vicarious Liability To Resolve The War Between Content And Destructive Technologies, Craig A. Grossman

Buffalo Law Review

No abstract provided.


Owning Enlightenment: Proprietary Spirituality In The "New Age" Marketplace, Walter A. Effross Jul 2003

Owning Enlightenment: Proprietary Spirituality In The "New Age" Marketplace, Walter A. Effross

Buffalo Law Review

No abstract provided.


Scientific Databases Should Be Protected Under A Sui Generis Regime, Amol Pachnanda Jan 2003

Scientific Databases Should Be Protected Under A Sui Generis Regime, Amol Pachnanda

Buffalo Law Review

No abstract provided.


Enlightening Identity And Copyright, Shubha Ghosh Oct 2001

Enlightening Identity And Copyright, Shubha Ghosh

Buffalo Law Review

No abstract provided.


The Marriage Of Intellectual Property And International Trade In The Trips Agreement: Strange Bedfellows Or A Match Made In Heaven, Robert J. Gutowski Jan 1999

The Marriage Of Intellectual Property And International Trade In The Trips Agreement: Strange Bedfellows Or A Match Made In Heaven, Robert J. Gutowski

Buffalo Law Review

No abstract provided.


Piracy Of Intellectual Property In China And The Former Soviet Union And Its Effects Upon International Trade: A Comparison, Susan Tiefenbrun Jan 1998

Piracy Of Intellectual Property In China And The Former Soviet Union And Its Effects Upon International Trade: A Comparison, Susan Tiefenbrun

Buffalo Law Review

No abstract provided.


Price Discrimination, Personal Use And Piracy: Copyright Protection Of Digital Works, Michael J. Meurer Oct 1997

Price Discrimination, Personal Use And Piracy: Copyright Protection Of Digital Works, Michael J. Meurer

Buffalo Law Review

No abstract provided.


Lotus Lookalike Litigation: Landmark Or Limbo?, Mark Aaron Paley Jan 1992

Lotus Lookalike Litigation: Landmark Or Limbo?, Mark Aaron Paley

Buffalo Law Review

No abstract provided.


The Challenge Of Computer-Crime Legislation: How Should New York Respond?, Amalia M. Wagner Oct 1984

The Challenge Of Computer-Crime Legislation: How Should New York Respond?, Amalia M. Wagner

Buffalo Law Review

No abstract provided.


Fair Use Old And New: The Betamax Case And Its Forebears, M. B. W. Sinclair Apr 1984

Fair Use Old And New: The Betamax Case And Its Forebears, M. B. W. Sinclair

Buffalo Law Review

No abstract provided.


Copyright Protection Of Systems Control Software Stored In Read Only Memory Chips: Into The World Of Gulliver's Travels, Jon O. Webster Jan 1984

Copyright Protection Of Systems Control Software Stored In Read Only Memory Chips: Into The World Of Gulliver's Travels, Jon O. Webster

Buffalo Law Review

No abstract provided.


Compulsory Licensing Of A Trademark, Vincent N. Palladino Jul 1977

Compulsory Licensing Of A Trademark, Vincent N. Palladino

Buffalo Law Review

No abstract provided.


Vindicating The Public Interest Through The Courts: A Comparativist's Contribution, Mauro Cappelletti Apr 1976

Vindicating The Public Interest Through The Courts: A Comparativist's Contribution, Mauro Cappelletti

Buffalo Law Review

No abstract provided.


Customary Use As "Fair Use" In Copyright Law, Harry N. Rosenfield Oct 1975

Customary Use As "Fair Use" In Copyright Law, Harry N. Rosenfield

Buffalo Law Review

No abstract provided.


The Utility Requirement For Patenting Therapeutic Inventions, C. Leon Kim Apr 1975

The Utility Requirement For Patenting Therapeutic Inventions, C. Leon Kim

Buffalo Law Review

No abstract provided.


A Balancing Approach: State Franchise Law And Federal Trademark Law, Jane F. Clemens Jan 1975

A Balancing Approach: State Franchise Law And Federal Trademark Law, Jane F. Clemens

Buffalo Law Review

No abstract provided.


Copyright, Patent, Trademark And Related State Doctrines: Cases And Materials. By Paul Goldstein., William F. Savino Apr 1974

Copyright, Patent, Trademark And Related State Doctrines: Cases And Materials. By Paul Goldstein., William F. Savino

Buffalo Law Review

No abstract provided.


Copyright, Patent, Trademark And Related State Doctrines: Cases And Materials. By Paul Goldstein., John A. Kidwell Apr 1974

Copyright, Patent, Trademark And Related State Doctrines: Cases And Materials. By Paul Goldstein., John A. Kidwell

Buffalo Law Review

No abstract provided.