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Intellectual Property Law Commons

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Storage And Privacy In The Cloud: Enduring Access To Ephemeral Messages, Sarah Salter 2010 University of California, Hastings College of the Law

Storage And Privacy In The Cloud: Enduring Access To Ephemeral Messages, Sarah Salter

Hastings Communications and Entertainment Law Journal

No abstract provided.


The Expansion Trajectory: Trademark Jurisprudence In The Modern Age, Kenneth L. Port 2010 Mitchell Hamline School of Law

The Expansion Trajectory: Trademark Jurisprudence In The Modern Age, Kenneth L. Port

Faculty Scholarship

American trademark law is expanding. The expansion began with the adoption of

the Lanham Act in 1947. At that time and ever since, commentators and law makers

alike referred to the Lanham Act as a codification of the existing common law. In fact,

this codification was a selection and expansion of the common law. The United States

has continued to expand trademark jurisprudence: from incontestability, to cybersquatting,

to dilution - the notion of what it means to protect a trademark has

continued to expand. During this time, the Commerce Clause on which American

federal trademark protection is based has not changed ...


The Evolution Of Trade Secret Law And Why Courts Commit Error When They Do Not Follow The Uniform Trade Secrets Act, Sharon Sandeen 2010 Mitchell Hamline School of Law

The Evolution Of Trade Secret Law And Why Courts Commit Error When They Do Not Follow The Uniform Trade Secrets Act, Sharon Sandeen

Faculty Scholarship

In the spring of 2010, the Hamline Law Review hosted a symposium to mark the thirtieth anniversary of the adoption of the Uniform Trade Secrets Act. This article was written for the symposium and provides an exhaustive and detailed account of the historical context and drafting history of the Uniform Trade Secrets Act (the UTSA).

Among other stories that it tells, the article explains that the UTSA was prompted by the “Erie/Sears/Compco squeeze.” Because of the Supreme Court’s famous decision in Erie R.R. Co. v. Tompkins in 1938, it was understood by business interests and their ...


Confidential Information And Privacy-Related Law In Canada And In International Instruments, Margaret Ann Wilkinson 2010 Western University

Confidential Information And Privacy-Related Law In Canada And In International Instruments, Margaret Ann Wilkinson

Law Publications

Canadians like to think their country is law-abiding and honours its international commitments. Is Our House in Order? explores this public perception while considering whether or not it is correct in terms of domestic law.

Examining a range of topics such as treaty implementation, federal-provincial relations, the environment, international humanitarian law, and the protection of confidential information, contributors disentangle the complex processes involved in implementing international law in Canadian law. They highlight how the federal negotiation and ratification process has been opened up to the public, what is being done to give effect to custom in domestic law, and offer ...


What Carrier Doesn't Address, Philip J. Weiser 2010 University of Colorado Law School

What Carrier Doesn't Address, Philip J. Weiser

Articles

No abstract provided.


Korea's Patent Policy And Its Impact On Economic Development: A Model For Emerging Countries?, Jay Erstling 2010 Mitchell Hamline School of Law

Korea's Patent Policy And Its Impact On Economic Development: A Model For Emerging Countries?, Jay Erstling

Faculty Scholarship

The purpose of this paper will be to examine Korean patent policy as exemplified by its patent legislation and the activities of Korean Intellectual Property Office (KIPO). Part II will take a brief look at the rationale underpinning Korea's confidence in the power of the patent system to stimulate economic growth. Part III of the paper will look at the Korean Patent Act as an example of strong, comprehensive patent legislation that fully complies with international standards and responds well to the perceived needs of patent applicants. In order to provide a basis of comparison, reference will be made ...


Eighth Circuit Trademark Opinions, Kenneth L. Port 2010 Mitchell Hamline School of Law

Eighth Circuit Trademark Opinions, Kenneth L. Port

Faculty Scholarship

The Eighth Circuit Court of Appeals’ trademark jurisprudence has been truly fair and balanced since the 1946 passage of the Lanham Act. The court has created this fair and balanced jurisprudence by creating firm standards and sticking to them. Although not the most popular circuit in which to find a trademark case, the Eighth Circuit has kept a constant vigil to assure that trademark plaintiffs do not dominate over trademark defendants. This balanced approach to trademark law is consistent with the Minnesota Supreme Court, which recently held that “advertising injury” included trademark infringement, and therefore the defendant’s insurance carrier ...


Pause The Game: Are Video Game Producers Punting Away The Publicity Rights Of Retired Athletes?, Brandon Johansson 2010 University of Nevada, Las Vegas -- William S. Boyd School of Law

Pause The Game: Are Video Game Producers Punting Away The Publicity Rights Of Retired Athletes?, Brandon Johansson

Nevada Law Journal

This Note argues that widely recognized retired athletes, such as Jim Brown, whose likenesses have been used in video games, will be able to recover damages under likeness laws if video game producers do not take more action to protect themselves from such lawsuits. Part II of this Note will discuss the history of likeness rights and how they have developed in our legal system. Part III will discuss how licensing agreements operate in sports through collective bargaining agreements between the current athletes and the player unions. This Note will then argue, using Brown v. Sony as an example, that ...


Strategies For Promoting Green Energy Innovation, Deployment, & Technology Transfer, Robert V. Percival 2010 University of Maryland School of Law

Strategies For Promoting Green Energy Innovation, Deployment, & Technology Transfer, Robert V. Percival

Faculty Scholarship

This paper surveys various strategies for promoting the development and deployment of green energy technologies.


O2 Micro Int'l Ltd. V. Beyond Innovation Tech. Co.: Confirmation That Claim Construction Is The Duty Of The Court, Jessica L.A. Marks 2010 University of Maryland Francis King Carey School of Law

O2 Micro Int'l Ltd. V. Beyond Innovation Tech. Co.: Confirmation That Claim Construction Is The Duty Of The Court, Jessica L.A. Marks

Journal of Business & Technology Law

No abstract provided.


Boston Duck Tours V. Super Duck Tours: Duck Tours Of A Feather Can Flock Together, Cara Lewis 2010 University of Maryland Francis King Carey School of Law

Boston Duck Tours V. Super Duck Tours: Duck Tours Of A Feather Can Flock Together, Cara Lewis

Journal of Business & Technology Law

No abstract provided.


Bloodsucking Copyrights , Ann Bartow 2010 University of Maryland Francis King Carey School of Law

Bloodsucking Copyrights , Ann Bartow

Maryland Law Review

No abstract provided.


Overview Of Trademark Issues Presented To Businesses Owners Within Second Life, Ross J. Switkes 2010 Seton Hall Law

Overview Of Trademark Issues Presented To Businesses Owners Within Second Life, Ross J. Switkes

Law School Student Scholarship

No abstract provided.


The State Of Internet Radio In 2010, Adam Deutsch 2010 Seton Hall Law

The State Of Internet Radio In 2010, Adam Deutsch

Law School Student Scholarship

No abstract provided.


An Exploratory Investigation Of The Practice Of Planned Unit Development And Its Theoretical Implementation In The “Second Life” Virtual Community, Ryan M. Jennings 2010 Seton Hall Law

An Exploratory Investigation Of The Practice Of Planned Unit Development And Its Theoretical Implementation In The “Second Life” Virtual Community, Ryan M. Jennings

Law School Student Scholarship

No abstract provided.


Recognizing Virtual Property Rights, It's About Time, John S. Chao 2010 Seton Hall Law

Recognizing Virtual Property Rights, It's About Time, John S. Chao

Law School Student Scholarship

No abstract provided.


Not So Technical: An Analysis Of Federal Circuit Patent Decisions Appealed From The Itc, Holly Lance 2010 University of Michigan Law School

Not So Technical: An Analysis Of Federal Circuit Patent Decisions Appealed From The Itc, Holly Lance

Michigan Telecommunications and Technology Law Review

A widespread perception among the patent law community is that the patent system would be more effective if judges with technical backgrounds and patent law experience decided patent disputes. Proponents believe that if judges all had similar baseline knowledge of technological analysis, there would be more consistency in decision-making, leading to more predictability for parties. Some district courts have unofficially become semi-specialized in patent law disputes, and Congress is debating whether to institute a more formalized Patent Pilot Program in which district court judges specialize in patent law cases. This Note joins the debate and examines patent law cases at ...


Empirical Analysis Of Drug Approval-Drug Patenting Linkage For High Value Pharmaceuticals, Ron A. Bouchard, Richard W. Hawkins, Robert Clark, Reider Hagtvedt, Jamil Sawani 2010 Northwestern Pritzker School of Law

Empirical Analysis Of Drug Approval-Drug Patenting Linkage For High Value Pharmaceuticals, Ron A. Bouchard, Richard W. Hawkins, Robert Clark, Reider Hagtvedt, Jamil Sawani

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Machines And Transformations: The Past, Present, And Future Patentability Of Software, Andrei Iancu, Peter Gratzinger 2010 Northwestern Pritzker School of Law

Machines And Transformations: The Past, Present, And Future Patentability Of Software, Andrei Iancu, Peter Gratzinger

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Is Patent Hold-Up Anticompetitive?, Vishesh Narayen 2010 Northwestern Pritzker School of Law

Is Patent Hold-Up Anticompetitive?, Vishesh Narayen

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


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