Digital Commons Network^™

A New Look At The European Patent: Limited Availability, Harold G. Maier

Vanderbilt Law Review

The promulgation of the Proposed Draft Convention relating to a European Patent Law in December 1962,' by the member states of the European Economic Community, and the continuing controversy surrounding it since that time have raised important questions for European and American businessmen. One of the most controversial is the extent to which the new patent should be made "available" to nationals of states not parties to the proposed Convention. This article examines the question of "availability" from the standpoint of the interests of the EEC and its member states. Its objective is to demonstrate that although the legal arguments …

Television Sponsor And Advertising Agency Held Vicariously Liable For Copyright Infringement--Davis V. E.I. Dupont De Nemours & Co., Michigan Law Review

Michigan Law Review

DuPont sponsored a dramatization of Edith Wharton's novel Ethan Frome presented by the CBS television network. Petitioner claimed an infringement of his earlier copyrighted dramatization of the same novel and sought a declaration of liability against CBS, the producer of the program, DuPont, and its advertising agency, Batten, Barton, Durstine & Osborn, Inc. (BBDO). Although DuPont and BBDO were notified before the performance of the possibility of copyright infringement liability and could have stopped the producers from using petitioner's play, they made no attempt to interfere. In petitioner's action in the federal district court, DuPont and BBDO contended that they …

Literacy Titles - Copyrightable Or Trademarkable, Peter C. John

Villanova Law Review (1956 - )

No abstract provided.

Post Expiration Royalty Payments And Mandatory Package Licensing As Patent Misuses, Thomas C. Sickman

Villanova Law Review (1956 - )

No abstract provided.

Duration, The Manufacturing Clause, And The Jukebox Exemption Under The Present Copyright Law And The Proposed 1965 Revision, Thomas R. Emerson

Kentucky Law Journal

No abstract provided.

Mandatory Package Licensing As Patent Misuse

Washington and Lee Law Review

No abstract provided.

Territorial Trademark Rights And The Antitrust Laws, Richard F. Dole

Michigan Legal Studies Series

Trademarks are devises used by business men to distinguish their goods from those of others. The utility of trademarks to purchasers lies in the identification of different lines of merchandise by different trademarks. On the other hand, perhaps the greatest advantage of trademarks to business derives from the connotations associated with marks by skillful advertising. Legal protection of trademark rights thus has a dual aspect: preventing others from copying marks both guards the identification function of trademarks and maintains exclusive rights in the commercial value of trademarks created by advertising. A Senate committee described the hybrid nature of trademark protection …

"Related" Claims Of Unfair Competition And Patent Infringement - River Brand Rice Mills, Inc. V. General Foods Corp.

Maryland Law Review

No abstract provided.

Tying Arrangement With Trademark As The Tying Item Is Not A Per Se Violation Of The Antitrust Laws-Susser V. Carvel Corp., Michigan Law Review

Michigan Law Review

Several independent franchised soft ice-cream outlets brought suit for treble damages against Carvel Corporation, the franchising company, alleging that the contract between them constituted an illegal tying arrangement in violation of section 3 of the Clayton Act and sections 1 and 2 of the Sherman Act. The contract bound the dealers to purchase from Carvel-appointed suppliers all commodities sold as part of the retail dairy composite. Plaintiffs stipulated that they would rely on per se violations at trial. The district court found that the plaintiffs had failed to show the alleged violations and, in any case, the defendant had proved …

Some Aspects Of Trade Secrets And Their Protection: The Public Domain And The "Unified Description" Requirement, R. M. Cummings

Kentucky Law Journal

No abstract provided.

The Protection In Japan Of Inventions By Employees During The Course Of Their Employment, Bunzo Takino, Ward M. French

Washington Law Review

This article will explain the principles involved in article 35 of the Patent Law of Japan, as revised in 1959, dealing with employee inventions in Japan. The history of the revisions which have produced the present article will be discussed, then an interpretation of article 35 will be made, and finally an analysis and criticism of this article through a comparison with foreign laws will be provided.

Copyrights-Limitations On Proprietor's Exclusive Right To Vend, David M. Ebel

Michigan Law Review

Plaintiff was the sole proprietor of copyrights on several educational toys. It had ordered a large number of these toys to be made by defendant manufacturer, but refused to accept them when tendered, claiming they were so defective in quality that their sale would impair plaintiff's reputation. When defendant manufacturer began selling the rejected toys to the co-defendants in order to recover its own investment in them, the plaintiff obtained a temporary restraining order against all defendants prohibiting further sales of the toys pending a determination of a motion for permanent injunction. The district court granted a preliminary injunction of …

Copyrights-Liabilty Of Store Owner For Sale Of Infringing Phonograph Records By Concessionaire, Terrence L. Croft

Michigan Law Review

Defendant H. L. Green Company licensed defendant Jalen Amusement Company as concessionaire of the record departments in twenty-three of its stores. The licensing agreement required Jalen's employees to follow all Green's rules and regulations and empowered Green to discharge any employee found to be conducting himself improperly. The gross receipts of the record department were collected by Green, Jalen receiving only the amount remaining after deductions for the license fee, salaries, and taxes. Although Jalen ordered and paid for the records and its employees made all the sales, record purchasers were unaware of Jalen's autonomy in the record department. Plaintiff, …

Federal Civil Procedure-Venue-Effect Of 1948 Judicial Code Definition Of Corporate Residence On Venue Under The Jones Act, Mary Mandana Long

Michigan Law Review

Plaintiff seaman, having been injured while serving on a vessel owned and operated by the defendant corporations, brought a civil action in federal district court alleging claims for negligence under the Jones Act, for unseaworthiness, and for maintenance and cure. The venue provision of the Jones Act requires that actions under it be brought in the district in which the defendant employer resides or in which his principal office is located. Plaintiff filed his complaint in the Western District of Pennsylvania although defendants were incorporated and maintained their principal offices in Louisiana. Defendants' motions to dismiss on the ground of …

Antitrust Laws And Public Policy In Relation To Patents, Raymond C. Nordhaus

Duquesne Law Review

The purpose of this paper is to briefly review, first, basic antitrust, misuse and other public policy considerations as they relate to patents and patent agreements, and secondly, techniques and related problems of correcting or purging illegal activities.

A Study Of The Version: A Reflection On The Copyright Law's Policy Of Protection, James M. Salony

Villanova Law Review (1956 - )

No abstract provided.

Common Law Copyright Of Architectural Plans - Edgar H. Wood Ass'n, Inc. V. Skene, Michael S. Simon

Maryland Law Review

No abstract provided.

Know-How Licensing And The Antitrust Laws, David R. Macdonald

Michigan Law Review

The purpose of this article is to re-analyze the present antitrust status of know-how licensing for the purpose of clarifying the extent of the protection which the exploiter of know-how may accord himself without abusing the public interest in unfettered competition.

Patents-Patent Grant By Private Law-Constitutionality Of Grant After Expiration Of Time Limit, Stanley P. Wagner Jr.

Michigan Law Review

An army officer invented a radar system before World War II but was prevented from patenting it by his superior officers for security reasons. In 1945 his application for a patent was rejected because it was not filed within the time limit embodied in section 102(b) of the Patent Code.1 Congress, in 1950, enacted Private Law 10082 to waive the statutory time limit for the officer's patent application. The act provided that a patent should issue from the 1945 application if the invention .met all the other statutory requirements of the Patent Code. The act provided also that the patent …

Entertainment Title Duplication Cases: A Process Of Evolution

Indiana Law Journal

No abstract provided.

Patent Law-Reissue Patents-Application Of Public Use And Sale Bar: Section 102(B), Robert V. Seymour

Michigan Law Review

Patentee applied for an original patent, defining a shelving unit; the patent was issued twenty-two months subsequent to the date of application. Less than two months later, application for a reissue patent was filed, describing and claiming a change in the dimensions of a given surface from "greater than one-half' to "greater than one-third" the height of a prescribed standard. The reissue patent was awarded eight months after the application for reissue. Patentee subsequently assigned the reissue to plaintiff corporation. Plaintiff brought suit for infringement, and defendant moved for summary judgment on the ground that the reissue was invalid because …

Patents - Patentability Of Combinations - Unobvious Subject Matter Under 35 U.S.C. § 103

Duquesne Law Review

Unobvious Subject Matter Under 35 U.S.C. § 103.-Unobvious results are evidence of patentability in a combination but unexpected results which are inherent from an obvious structure do not satisfy this requirement.

In Re Alford, 300 F.2d 929, 133 U.S.P.Q. 281 (C.C.P.A. 1962); certiorari denied, 83 S. Ct. 255.

Is Choreography Copyrightable?: A Study Of The American And English Legal Interpretations Of "Drama", Robert Freedman

Duquesne Law Review

Dance, as well as music, may be reduced to writing. Movement may be recorded in Labanotation, which is a system of symbols by which the motion of each and every part of the human body, in its relationship to time and space, may be set down on paper. In 1952, Hanya Holm's labanotated choreographic score for the musical play, Kiss Me, Kate, was accepted by the United States Copyright Office for registration with a claim of copyright. Choreographic works may also be recorded by notation, symbols and diagrams different from the Laban system, drawings or pictures, or by language …

Community Antenna Service-Unfair Competition? - Intermountain Broad. & T.V. Corp. V. Idaho Microwave,Inc., John T. Joseph

Maryland Law Review

No abstract provided.

Turner: The Law Of Trade Secrets, John Stedman

Michigan Law Review

A Review of The Law of Trade Secrets. By Amedee E. Turner.

Book Reviews, Kurt L. Hanslowe, Boaz Siegel, Walter J. Derenberg, David S. Stern, B. J. George

Journal of Legal Education

No abstract provided.

Copyright Problems Of The Phonograph Record Industry, Sidney A. Diamond

Vanderbilt Law Review

This article addresses itself to several difficult questions. Are phonograph records copyrightable? What is the scope of a copyright owner's "mechanical reproduction right," and how exclusive is this right? What protection against infringement of the "recorded performance," as opposed to the musical composition incorporated in it, has the record manufacturer? What additional statutory protection might be granted in this area, and what of its constitutionality?

The Common Law And Statutory Background Of The Law Of Musical Property, George D. Cary

Vanderbilt Law Review

This article comprises a brief but comprehensive presentation of the history and evolution of the law of musical copyright; it is particularly designed for the practitioner seeking a general view of musical copyright law before proceeding on to more specialized problems. After a discussion of the English and American history of musical copyright, the article examines the common law and statutory aspect of the subject, and concludes by discussing the international rules and conventions governing musical copyright.

Copyright And Design Patents - The Common Zone Between, Albert P. Sharpe Iii

Cleveland State Law Review

The overlapping of our present-day Copyright and Design Patent Laws, apparently initially created by random legislative development and recently aggravated by the decision of the Supreme Court in Mazar v. Stein, has resulted in a legal morass of substantial proportions. The purpose of this paper is to explore briefly the influence which gave rise to this situation, to discuss the present state of the law and its practical impact upon the practicing patent advocate, and finally to review and evaluate proposed legislation, past and present, in an effort to determine the possible course of future developments.

Botanical Plant Patent Law, Edward A. Hayman

Cleveland State Law Review

The Townsend-Purnell Plant Patent Act of 19301 was the first attempt anywhere in the world to legally recognize the plant breeder as an inventor entitled to the protection of patent laws. Plant patents and plant patent applications so seldom have been the subject of judicial consideration throughout the intervening years that plant patent law is still in need of clarification in a great many areas.