Digital Commons Network^™

First Amendment Protection For Commercial Advertising: The New Constitutional Doctrine, Thomas W. Merrill

Faculty Scholarship

Governmental regulation of commercial advertising has become a major focus of challenges to established first amendment doctrine. An increasing number of suits have raised constitutional objections to regulations of false or deceptive advertising, regulations of offensive advertising, prohibitions of commercial advertising in certain forums, prohibitions of price advertising for particular products or services, and prohibitions of all advertising for particular products or services.' Until recently, the majority of courts upheld such regulations under the Supreme Court's ruling in Valentine v. Chrestensen that "purely commercial advertising" is unprotected by the first amendment.

In the last two years the Court has subjected …

Recent Decisions, John J. Curry, Jr., Dan T. Carter, Melissa Gallivan, James A. Delanis

Vanderbilt Journal of Transnational Law

ANTITRUST--Import Restrictions--Import Ban Ordered as Equitable Relief for Violation of Section 7 of the Clayton Act Must Not Discriminate Against Foreign Producers or Reduce Competition

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European Communities--Restrictive Trade Practices--Patent Licensing Agreements that Restrict Competition between Member States Without Improving Production or Distribution or Promoting Technical or Economic Progress Violate Article 85

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JURISDICTION--CONTINENTAL SHELF--ABANDONED VESSEL SALVAGED FROM THE SURFACE OF THE UNITED STATES CONTINENTAL SHELF BEYOND TERRITORIAL WATERS IS NOT UNDER JURISDICTION OF UNITED STATES GOVERNMENT

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IMMIGRATION--A STATE MAY PROHIBIT THE EMPLOYMENT OF ILLEGAL ALIENS

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

Buffalo Law Review

No abstract provided.

Patent Law Reform: A Legislative Perspective Of An Extended Gestation, Hugh Scott, Dennis Unkovic

William & Mary Law Review

No abstract provided.

Intellectual And Industrial Property In A Nutshell, Thomas G. Fields Jr.

West Virginia Law Review

No abstract provided.

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

Buffalo Law Review

No abstract provided.

Licensee Estoppel And Royalty Payments After Lear: Inconsistencies Within The Lower Courts Circumvent Lear Rationale, Henry P. Doggrell

Vanderbilt Law Review

Article I of the Constitution' expressly provides Congress with the authority to grant inventors exclusive rights to their discoveries for limited periods to promote the development of new ideas and innovations. By according the inventor-patentee the seventeen-year right either to exclude all others from making, using, or selling his invention or to contract for its limited use in the form of assignments or licenses, Congress has attempted to provide the initiative and incentive necessary to encourage the continued progress of science and the arts.' Moreover, statutory safeguards, which presume the validity of the patent until a contesting party establishes its …

Computer Software Protection: The Copyright Revision Bills And Alternatives, 8 J. Marshall J. Prac. & Proc. 381 (1975), John Scafetta

UIC Law Review

No abstract provided.

Patent-Antitrust: Patent Dynamics And Field Of Use Licensing, Martin J. Adelman, Friedrich K. Juenger

Law Faculty Research Publications

No abstract provided.

Cable, Copyright, Communications: Controversy, Lee Fisher, Sam Salah

Cleveland State Law Review

This Note will examine the efforts of the courts, the legislature, and the Federal Communications Com-mission (FCC) to apply the Copyright Act of 1909 to the technological developments of the twentieth century. It is submitted that the significance of Teleprompter lies not in the Court's determination that there was no copyright infringement -for that finding will soon be negated by upcoming copyright law revision -but in the inability of the Court to discard past inflexible and unrealistic approaches to the 1909 Copyright Act. Offered is a different method of viewing cable communications in terms of the Copyright Act, which recognizes …

Libraries, Librarians And First Amendment Freedoms, Robert M. O'Neil

Articles by Maurer Faculty

No abstract provided.

Public Performance Right In Recordings: How To Alter The Copyright System Without Improving It, Lewis Kurlantzick

Faculty Articles and Papers

No abstract provided.

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

Buffalo Law Review

No abstract provided.

The Protection Of Industrial Property Rights In The European Economic Community, Ronald L. Smallwood

Vanderbilt Journal of Transnational Law

This study of European Economic Community (EEC) industrial property rights discusses trademarks, patents, and copyrights. The legal foundation for the protection of these industrial property rights in the EEC is derived from article 36 of the EEC Treaty, which expressly allows an exception to the prohibition of restrictions against the free movement of goods within the EEC when justified by the protection of industrial property, and article 222, which encompasses the protection of industrial property in the Member States. Although decisions of the Court of Justice on industrial property rights are infrequent, their ramifications are significant throughout the Community since …

After Blonder-Tongue: Back To The Laboratory To Find A Patent Validation System Even A Court Could Trust

William & Mary Law Review

No abstract provided.

Accomodation Of Federal Patents And The State Interest In Trade Secrets

William & Mary Law Review

No abstract provided.

Goldstein V. California And The Protection Of Sound Recordings: Arming The States For Battle With The Pirates

Washington and Lee Law Review

No abstract provided.

Goldstein V. California, 412 U.S. 546 (1973), Florida State University Law Review

Florida State University Law Review

Copyright-SOUND RECORDINGS-CALIFORNIA STATUTE PROHIBITING MUSIC PIRACY IS A VALID EXERCISE OF RETAINED STATE POWERS AND DOES NOT CONFLICT WITH FEDERAL COPYRIGHT PROTECTION.

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

Buffalo Law Review

No abstract provided.

False And Fraudulent Material Is Entitled To Copyright Protection., James R. Low Jr.

St. Mary's Law Journal

Abstract Forthcoming.

Constitutional Law - Patent Clause - States May Afford Trade Secret Protection Without Infringing Upon Federal Patent Power, Joseph A. Eagan Jr.

Villanova Law Review (1956 - )

No abstract provided.

Constitutional Law - Copyright Clause - States May Afford Protection To Sound Recordings Against Unauthorized Reproduction Without Infringing On The Federal Copyright Power, Joseph H. Huston Jr.

Villanova Law Review (1956 - )

No abstract provided.

Abuse Of Trademarks: A Proposal For Ompulsory Licensing, Mara L. Babin

University of Michigan Journal of Law Reform

This article neither deals with the propriety of the Federal Trade Commission's (FTC) proposed order nor evaluates the effectiveness of compulsory trademark licensing as a remedy for unfair trade practices.8 Rather, the pending cereal industry case is used as a point of departure for an examination of the problem of trademark abuse and the responses of the courts, the Congress, and the FTC to it. Acknowledging the legality of compulsory licensing of trademarks, the article suggests legislation which will incorporate licensing and standards for its application. Such legislation would make licensing an accessible remedy for trademark abuse while accommodating both …

Copyrights: Introduction, Michael Botein

Articles & Chapters

No abstract provided.

Photocopying And Copyright Law--Williams & Wilkins Co. V. United States How Unfair Can "Fair Use" Be?, Larry F. Sword

Kentucky Law Journal

No abstract provided.

Recent Cases, Vanderbilt Law Review

Vanderbilt Law Review

Civil Rights--Private Education-Racially Discriminatory Admissions Policies Violate Right to Contract Provision of 42 U.S.C. § 1981

Plaintiffs, ' blacks who had been denied admission solely on the basis of their race to two all-white private schools that received no state aid,' sought damages and injunctive relief in federal district court contending that these rejections violated section 1981 of 42 U.S.C. by denying them the same right to contract as enjoyed by white citizens.

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Copyright--Telecommunications--CATV Importation of Distant Television Signals Constitutes Infringement Under Sections One (c) & (d) of the Copyright Act

Plaintiffs,' creators and producers of television programs,brought a …

Unfair Trade Practices Under Section 43(A) Lanham Act: You've Come A Long Way, Baby, Too Far, Maybe?, Kenneth B. Germain

Indiana Law Journal

No abstract provided.

Originality And Monetary Remedies Under The Copyright Act, Michael A. Marra

Buffalo Law Review

No abstract provided.

State Trade Secret Law May Not Grant Privileges Denied By Federal Patent Law., Margaret Gray Knodell

St. Mary's Law Journal

Abstract Forthcoming.

Copyright Law And Library Photocopying: Striking A Balance Between Profit Incentive And The Free Dissemination Of Research Information, Jon Vander Ploeg

Indiana Law Journal

No abstract provided.