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Articles 1 - 30 of 76
Full-Text Articles in Intellectual Property Law
Personal Jurisdiction Over Aliens In Patent Infringement Actions: A Uniform Approach Toward The Situs Of The Tort, David Wille
Personal Jurisdiction Over Aliens In Patent Infringement Actions: A Uniform Approach Toward The Situs Of The Tort, David Wille
Michigan Law Review
This Note examines current approaches to the question of personal jurisdiction over alien patent infringers. Part I describes personal jurisdiction requirements in the context of patent infringement suits against aliens. The leading case addressing these requirements has been interpreted differently by several courts, thus resulting in conflicting outcomes. Part II explains the current controversy over the locus of the tort of patent infringement. The three different modes of reasoning currently used by courts to determine the locus of the tort would allow immunity from suit for the alien in at least two hypothetical cases. This Part concludes that in order …
Section 117 Of The Copyright Act, Robert A. Kreiss
Section 117 Of The Copyright Act, Robert A. Kreiss
BYU Law Review
No abstract provided.
Toward A Third Approach: Modifying The Corrective Justice Model, Wendy J. Gordon
Toward A Third Approach: Modifying The Corrective Justice Model, Wendy J. Gordon
Scholarship Chronologically
The conception of the judicial role described in the second model is, of course, no more than a partial account of what some judges may do sometimes. A third way to approach "reap/sow" draws on a broader conception that whatever the role played by community norms, judges also aim to achieve a result that is consistent both with their own sense of justice and with precedent. As for precedent, perhaps the frequent references to "unjust enrichment" in intellectual property cases should be taken seriously. Perhaps the courts are analogizing to that area of law most directly concerned with imposing liability …
Report On Copyright Implications Of Digital Audio Transmission Services, Register Of Copyrights
Report On Copyright Implications Of Digital Audio Transmission Services, Register Of Copyrights
Legal Monographs and Treatises
No abstract provided.
The Caribbean Basin Initiative: A Proposal To Attract Corporate Investment And Technological Infusion Via An Inter-American System Of Cooperative Protection For Intellectual Property, John Cyril Malloy Iii
The Caribbean Basin Initiative: A Proposal To Attract Corporate Investment And Technological Infusion Via An Inter-American System Of Cooperative Protection For Intellectual Property, John Cyril Malloy Iii
University of Miami Inter-American Law Review
No abstract provided.
The Nonobviousness Of Inventions: In Search Of A Functional Standard, Kathleen N. Mckereghan
The Nonobviousness Of Inventions: In Search Of A Functional Standard, Kathleen N. Mckereghan
Washington Law Review
The Patent Act of 1952 introduced the nonobviousness requirement into patentability analysis. Historically vague, the nonobviousness requirement remains poorly defined. Courts currently use a variety of tests for nonobviousness, none of which correctly reflects the requirement's constitutional and technical role. This Comment proposes a functional standard embodying four elements: constitutional policy, technical advance, logical analysis, and active perspective.
Public Domain: Available But Not Always Free, Edward M. Cramer, Lauren Block
Public Domain: Available But Not Always Free, Edward M. Cramer, Lauren Block
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Recent United States Copyright Reforms: Congress Catches The Spirit Of Berne, Graeme B. Dinwoodie
Recent United States Copyright Reforms: Congress Catches The Spirit Of Berne, Graeme B. Dinwoodie
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Consumer Protection Provisions Prohibiting “Deceptive Practices” And “False Advertising”: Proper Vehicles For The Protection Of Intellectual Property, Hugh C. Hansen
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Protecting Performance Rights Under The Derivative Works Exception, Joseph Hubicki
Protecting Performance Rights Under The Derivative Works Exception, Joseph Hubicki
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Federal Recognition Of Performance Art Author Moral Rights
Federal Recognition Of Performance Art Author Moral Rights
Washington and Lee Law Review
No abstract provided.
Copyright As Myth, Jessica D. Litman
Copyright As Myth, Jessica D. Litman
Articles
It has become fashionable to seek to formulate, or reformulate, copyright law as an expression of overarching grand theory. Perhaps the most prominent manifestation of this trend has been the recasting of copyright law in the mold of economic incentives; a more recent upstart competitor seeks to reclaim the debate by invoking the philosophical precepts of Hohfeld, Hegel and Locke. Occasionally, the literature gives us polite debates about which of the competing theoretical models is more misguided. Meanwhile, another voice in the copyright literature has been complaining that the law is remarkably unaccommodating of the actual process of creating works …
Federal Intellectual Property Law And The Economics Of Preemption, Paul J. Heald
Federal Intellectual Property Law And The Economics Of Preemption, Paul J. Heald
Scholarly Works
In the Sears/Compco decisions, the United States Supreme Court established that federal patent law preempts state prohibitions on the mere copying of unpatented product configurations. After years of harsh criticism by commentators, apparent rejection by the lower courts, and allegedly inconsistent treatment by the Court itself, most had proclaimed this principle far beyond resuscitation. The Court, however, miraculously resurrected the principle in Bonito Boats, Inc. v. Thunder Craft Boats, Inc., which unanimously reaffirmed that intentional copying often should be privileged under federal law. In so doing, the Court provided an expressly economic rationale to be used in future determinations …
Determining The Scope Of Copyright Protection For A Computer Program's Nonliteral Elements: Is It As Easy As 1*2*3*?*
Washington and Lee Law Review
No abstract provided.
Copyrights And State Liability, Beryl R. Jones-Woodin
Copyrights And State Liability, Beryl R. Jones-Woodin
Faculty Scholarship
No abstract provided.
Reexamining Trademark Dilution, David S. Welkowitz
Reexamining Trademark Dilution, David S. Welkowitz
Vanderbilt Law Review
It is unlikely that you ever will see a Kodak chair or a Rolls Royce candy bar. No doubt Eastman Kodak and Rolls Royce would have an army of lawyers in court to have the interlopers sentenced to ignominy (unless, of course, these companies suddenly went into the furniture or candy business). But suppose you did see these products. What would you think? Would you think that Kodak was diversifying? Would you believe that Rolls Royce had gone the way of Calvin Klein, apparently licensing its name for a fast profit? And if not, would these interlopers affect the way …
Dawson V. Hinshaw Music, Inc.: The Fourth Circuit Revistis Arnstein And The 'Intended Audience" Test, Philip C. Baxa, M William Krasilovsky
Dawson V. Hinshaw Music, Inc.: The Fourth Circuit Revistis Arnstein And The 'Intended Audience" Test, Philip C. Baxa, M William Krasilovsky
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
"Conditional" Functionality: The New Standard For Evaluating "Aesthetic" Functionality Established By The Second Circuit In Wallace International Silversmiths, Inc. V. Godsinger Silver Art Co., Mark I. Peroff, Nancy J. Deckinger
"Conditional" Functionality: The New Standard For Evaluating "Aesthetic" Functionality Established By The Second Circuit In Wallace International Silversmiths, Inc. V. Godsinger Silver Art Co., Mark I. Peroff, Nancy J. Deckinger
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Federal Arts Funding At What Cost? The Impact Of Funding Guidelines On The First Amendment And The Future Of Art In America, Anne L. Body
Federal Arts Funding At What Cost? The Impact Of Funding Guidelines On The First Amendment And The Future Of Art In America, Anne L. Body
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Trademark Protection Of Advertising Slogans: A Modern Perspective, Evynne Grover
The Trademark Protection Of Advertising Slogans: A Modern Perspective, Evynne Grover
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
State Trademark And Unfair Competition Law By The United States Trademark Association , Jeffrey E. Jacobson
State Trademark And Unfair Competition Law By The United States Trademark Association , Jeffrey E. Jacobson
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Ward V. Rock Against Racism: How Time, Place And Manner Further Restrict The Public Forum, Michael B. Manley
Ward V. Rock Against Racism: How Time, Place And Manner Further Restrict The Public Forum, Michael B. Manley
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Heads I Win, Tails You Lose: A Study Of Antitrust Jurisprudence In The Federal Circuit, Steven W. Heller
Heads I Win, Tails You Lose: A Study Of Antitrust Jurisprudence In The Federal Circuit, Steven W. Heller
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Who's Afraid Of The Big Bad Works Made For Hire Doctrine?-Not The Supreme Court, Nicholas C. Katsoris
Who's Afraid Of The Big Bad Works Made For Hire Doctrine?-Not The Supreme Court, Nicholas C. Katsoris
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Toward A Jurisprudence Of Benefits - Aals Tape #54 - 1991, Wendy J. Gordon
Toward A Jurisprudence Of Benefits - Aals Tape #54 - 1991, Wendy J. Gordon
Scholarship Chronologically
No abstract provided.
The Legal Protection Of Ideas, Grant Hammond
The Legal Protection Of Ideas, Grant Hammond
Osgoode Hall Law Journal
The received wisdom is that an idea as such is not legally protected. But now courts are embarking on a course which, at least in some respects, embraces the proposition that ideas will sometimes be protected. This essay suggests that these contemporary developments in the common law world should be regarded with disquiet. Courts are sanctioning the commercial exploitation of ideas in the face of an apparent desire of human beings to reduce every aspect of themselves to divisible, saleable commodities. Short term commercial gain is preferred to the timeless importance of ideas in the seamless web of humanity. This …
With Malice Toward None: A New Look At Defamatory Republication And Neutral Reportage, James E. Boasberg
With Malice Toward None: A New Look At Defamatory Republication And Neutral Reportage, James E. Boasberg
UC Law SF Communications and Entertainment Journal
The common law has not looked favorably upon republishers of defamatory material, believing that "one who republishes a libel adopts it as his own." Starting from the fair report privilege and moving to the wire service defense and neutral reportage, courts have gradually carved out niches of protection for republishers. This Article first analyzes the wire service defense and proposes that it should be expanded to cover republished stories about public and private figures from reliable publications. After examining the history of neutral reportage, this Article then proposes a new constitutional privilege: Media defendants may rely on the privilege of …
Structural Implications Of Telephone Content Regulation: Lessons From The Audiotex Controversy, Patrick O'Neill
Structural Implications Of Telephone Content Regulation: Lessons From The Audiotex Controversy, Patrick O'Neill
UC Law SF Communications and Entertainment Journal
Audiotex is a mass communication service provided through the telephone network. As such, it may be a forerunner of an era of convergence in which information services may be considered under both mass communication and common carrier law. This Article examines some of the problems that arise from the application of first amendment principles to a medium of common carriage, especially the extent to which carriers may make editorial decisions concerning the content of information services.
Simplified Syndication For Stage And Screen: A Proposal For Modifying Securities Laws For The Financing Of Theater And Film Production, Thomas A. Cohen
Simplified Syndication For Stage And Screen: A Proposal For Modifying Securities Laws For The Financing Of Theater And Film Production, Thomas A. Cohen
UC Law SF Communications and Entertainment Journal
Theater and film producers are hampered in their fundraising efforts by inconsistent and irrelevant securities laws. At the same time, investors are not adequately protected by the current disclosure requirements, which are costly and uninformative. Public policy in general, and New York practice in particular, support affirmative changes in this situation. This Note proposes uniform laws and guidelines, specifically adapted to stage and screen, that should be adopted by the SEC, the NASAA, and the individual states.
The Discretionary Award Of Attorney's Fees Under The Copyright Act, Elden Dale Golden
The Discretionary Award Of Attorney's Fees Under The Copyright Act, Elden Dale Golden
UC Law SF Communications and Entertainment Journal
Title 17, section 505 of the United States Code allows a court, in its discretion, to award reasonable attorney's fees to the prevailing party in cases that arise under the Copyright Act. This Article focuses on the single issue of when the court should exercise this discretion. With no guidance from the statute or legislative history as to what the bounds of "discretion" are in this province, five circuits have adopted comprehensive yet conflicting standards. The law in these circuits, as well as the developing law in the remaining eight circuits, is discussed and analyzed.