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Articles 1 - 6 of 6
Full-Text Articles in Legal History
Determining Patent Worthlesseness For Tax Purposes, Christina Sumer
Determining Patent Worthlesseness For Tax Purposes, Christina Sumer
Marquette Intellectual Property Law Review
None.
Whiskey Sour: An Ip Evaluation Of Nathan Green's Contribution To Jack Daniel's Whiskey And How That Contribution Led To An Inequitable Distribution Of Generational Wealth, Emmanuel Onochie
Marquette Intellectual Property Law Review
None.
Confusion, Conflict, And Case Law: Analyzing The Language Of The United States Patent Act And Conflicting Case Law Regarding The Transfer Of Patent Rights In The 21st Century, Lucas C. Logic
Marquette Intellectual Property Law Review
No abstract provided.
Property And Equity In Trademark Law, Mark P. Mckenna
Property And Equity In Trademark Law, Mark P. Mckenna
Marquette Intellectual Property Law Review
This lecture focuses on the relationship between trademark and unfair competition. Specifically, this lecture discusses the way trademark law has evolved over time with respect to property concepts. There has been a lot of discussion in the literature about the ways trademark law has come to treat trademarks as property. Many scholars who have written about this “propertization” have described it as a shift from consumer to producer protection.
I have written a lot about this narrative over the course of my career—I think it is overly simplistic, and in some ways, wrong. Trademark law has al-ways protected marks as …
What Are We To Do With Deposit Copies?, Sadie Zurfluh
What Are We To Do With Deposit Copies?, Sadie Zurfluh
Marquette Intellectual Property Law Review
One of the problems courts are faced with today is determining what happens with unpublished works registered under the 1909 Act: can only the sheet music filed with the deposit copy come into evidence when comparing two works as substantially similar? In 2015, the district court in Williams v. Gaye addressed the issue; however, the Ninth Circuit declined to decide the issue on appeal.8 Later in 2018, in Skidmore v. Zeppelin (“Skidmore”), the Ninth Circuit concluded that when dealing with unpublished works under the 1909 Act, the deposit copy defines the scope of the copyright. Part I of this comment …
Joutsing At Windmills: Cervantes And The Quixotic Fight For Authorial Control, H. Parkman Biggs
Joutsing At Windmills: Cervantes And The Quixotic Fight For Authorial Control, H. Parkman Biggs
Marquette Intellectual Property Law Review
Achieving the appropriate balance between the right of first authors to control the later use of their work and freedom for follow-on authors to further develop from that text has long been challenging. Currently, under United States law in particular, fair use stands as a nebulous to buffer between the two creative camps, granting a significantly limited right to the second author to work from the first authors’ text. While that tension excites its own debate, a less considered aspect of this tension involves the degree to which the first author might be creatively and productively affected by the follow-on …