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Intellectual Property Law

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Blonder-Tongue Bites Back: Collateral Estoppel In Patent Litigation - A New Look, Francis P. Devine Jan 1972

Blonder-Tongue Bites Back: Collateral Estoppel In Patent Litigation - A New Look, Francis P. Devine

Villanova Law Review (1956 - )

No abstract provided.


The Allocation Of Jurisdiction Between State And Federal Courts In Patent Litigation, Donald Shelby Chisum Jul 1971

The Allocation Of Jurisdiction Between State And Federal Courts In Patent Litigation, Donald Shelby Chisum

Washington Law Review

A proper jurisdictional balance between state and federal court systems has long been a goal of federal statutes granting jurisdiction over patent matters to the federal courts. Prompted by the recent decision of the United States Court of Appeals for the Ninth Circuit in Koratron Co. v. Deering Milliken, Inc., Professor Chisum considers the general problem of the jurisdiction of federal and state courts over cases concerning questions of federal law and then focuses on the specific problem of jurisdiction over cases involving federal patent law. The article begins with a discussion of the history of statutes granting patent jurisdiction …


The Viability Of Trade Secret Protection After Lear V. Adkins, Barry H. Feinberg Jan 1971

The Viability Of Trade Secret Protection After Lear V. Adkins, Barry H. Feinberg

Villanova Law Review (1956 - )

No abstract provided.


Principal Trademark Registration And Patent Policy: An Inherent Conflict Which Requires Denial Of Registration To Container Designs, Thomas R. Hendershot Jan 1971

Principal Trademark Registration And Patent Policy: An Inherent Conflict Which Requires Denial Of Registration To Container Designs, Thomas R. Hendershot

Villanova Law Review (1956 - )

No abstract provided.


Common Law Copyright, And Conversation, Frank J. Nawalanic Jan 1971

Common Law Copyright, And Conversation, Frank J. Nawalanic

Cleveland State Law Review

Assume that "A" is a well known author and literary figure and that "B" is an author in his own right, but far less known than "A". "A" and "B" meet socially and engage in a stimulating conversation wherein thoughts and ideas are freely expressed and conclusions drawn. Sometime thereafter, "B" publishes excerpts from this conversation and "A" strongly desires to prevent such from being published and receiving publicity. To prevent publication of their conversation, "A" could proceed against "B" under several different causes of action. He could possibly allege breach of a fiduciary relationship, breach of implied contract, invasion …


Patent-Antitrust Law: A New Theory, Martin J. Adelman, Robert P. Jaress Jan 1971

Patent-Antitrust Law: A New Theory, Martin J. Adelman, Robert P. Jaress

Law Faculty Research Publications

No abstract provided.


Some Recent American Developments In The Protection Of Know-How, William D. Hawkland Oct 1970

Some Recent American Developments In The Protection Of Know-How, William D. Hawkland

Buffalo Law Review

No abstract provided.


Current Problems Of American Companies That Permit Use Of Their Corporate Names And Trademarks Overseas, Lawrence F. Ebb Oct 1970

Current Problems Of American Companies That Permit Use Of Their Corporate Names And Trademarks Overseas, Lawrence F. Ebb

Buffalo Law Review

No abstract provided.


Note—An Interesting Decision On The International Status Of Trademarks, Ugo Draetta Oct 1970

Note—An Interesting Decision On The International Status Of Trademarks, Ugo Draetta

Buffalo Law Review

No abstract provided.


Recent Cases, Law Review Staff May 1970

Recent Cases, Law Review Staff

Vanderbilt Law Review

Accountants--Auditors--Compliance with General Accounting Principles Not a Complete Defense To Criminal Fraud

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Administrative Law--Standing to Challenge Administrative Actions--Anyone Arguably Protected by Statute May Sue

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Constitutional Law--Abortion--Standard Excepting Abortions Done as "Necessary for the Preservation of the Mother's Life or Health" Held Unconstitutionally Vague

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Constitutional Law--Civil Rights--Discrimination by a Third Party in Connection with the Rental of Property Entitles the Injured Party to a Private Right of Damages Under Section 1982

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Constitutional Law--Double Jeopardy--Benton v. Maryland Applies Retroactively to State Criminal Convictions

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Copyright--Unfair Competition--Unauthorized Reproduction of Another's Recording for Resale Violates State Unfair Competition Doctrine

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Ad Interim Copyright And The Manufacturing Clause: Another View Of The Candy Case, Dorothy M. Schrader Jan 1970

Ad Interim Copyright And The Manufacturing Clause: Another View Of The Candy Case, Dorothy M. Schrader

Villanova Law Review (1956 - )

No abstract provided.


Patents - Trade Secrets - Technical Data Use And Misuse By The U.S. Government, Harry M. Saragovitz Jan 1970

Patents - Trade Secrets - Technical Data Use And Misuse By The U.S. Government, Harry M. Saragovitz

Villanova Law Review (1956 - )

No abstract provided.


Patent Drawing, John L. Byers Jan 1970

Patent Drawing, John L. Byers

Graduate Research Papers

This study is concerned with an investigation of procedures and methods for patent drawings. Specifically, the study involves research in standards of acceptable patent drawings, their proper execution, necessary materials, type of training needed to become a patent draftsman, and the location of available source of training.


Books Received Jan 1970

Books Received

University of Richmond Law Review

These are the books received by the Law School in 1970.


Trademarks: Prestige, Practice And Protection, Julius R. Lunsford, Jr. Jan 1970

Trademarks: Prestige, Practice And Protection, Julius R. Lunsford, Jr.

Georgia Law Review

AMERICANS are trademark conscious people. Trademarks in- fluence our daily lives and symbolize our American system of free and competitive enterprise. We encounter them not only in the market place, but also in our work, in our play, in our reading, at the banks, at the theatre, on the highways, in every mode of transportation and in church. For example, after a refreshing sleep on his "Beautyrest" mattress, the average American male is awakened by the alarm of a "Westclox" clock. He arises and walks on the "Callaway" or "Barwick" carpet to the bathroom. He brushes his teeth with "Ipana" …


The Impact Of Sears And Compco On Federal Trademark And Patent Law, Nicholas J. Sargent Oct 1969

The Impact Of Sears And Compco On Federal Trademark And Patent Law, Nicholas J. Sargent

Buffalo Law Review

No abstract provided.


The Copyright Law And Its Relevance To Catv: Can An Old Dog Be Taught New Tricks, Alan R. Chase Oct 1969

The Copyright Law And Its Relevance To Catv: Can An Old Dog Be Taught New Tricks, Alan R. Chase

Buffalo Law Review

No abstract provided.


Common Law Copyright In Spontaneous Oral Conversation, Paul M. Morley Oct 1969

Common Law Copyright In Spontaneous Oral Conversation, Paul M. Morley

William & Mary Law Review

No abstract provided.


The Copyright Law And Mechanical Reproduction For Educational Purposes, Frank Edward Jolliffee Jun 1969

The Copyright Law And Mechanical Reproduction For Educational Purposes, Frank Edward Jolliffee

West Virginia Law Review

No abstract provided.


Patents - Patentable Subject Matter, E. Kears Pollock Jan 1969

Patents - Patentable Subject Matter, E. Kears Pollock

Duquesne Law Review

The Court of Customs and Patent Appeals has held that the mere fact that elements of a claimed method for the reduction of data may be accomplished using the mind or a general purpose digital computer properly programmed does not invalidate the claim as a process within the meaning of 15 U.S.C. § 101. The court has further raised substantial doubt as to the unpatentability of "mental step" claims generally and has applied the distinction of functions occurring in nature being accomplished by methods outside nature to mental functions.

In re Prater, United States Court of Customs and Patent Appeals, …


Apparatus And Method Patents - Function Of The Apparatus Objection - In Re Tarczy-Hornoch Jan 1969

Apparatus And Method Patents - Function Of The Apparatus Objection - In Re Tarczy-Hornoch

Maryland Law Review

No abstract provided.


Inventions And The Law Of Trade Secrets After Lear V. Adkins, Martin J. Adelman, Robert P. Jaress Jan 1969

Inventions And The Law Of Trade Secrets After Lear V. Adkins, Martin J. Adelman, Robert P. Jaress

Law Faculty Research Publications

No abstract provided.


Music And Law: Copyrighting A Musical Idea, Irving B. Marks, Robert M. Phillips Jan 1969

Music And Law: Copyrighting A Musical Idea, Irving B. Marks, Robert M. Phillips

Cleveland State Law Review

The law of music copyright, although now quite old, is still relatively young in its development and refinement when compared to other segments of the copyright law. The impediment in its progress is partially due to the technicalities inherent in the discipline itself, and also to the lack of musical sophistication on the part of most law making bodies. Modern day electronic developments in recording and storing sound will do much to facilitate and broaden the scope of the law. Its implementation through a Music-Legal Board of Experts could be the effective step needed in order to overcome the present …


Unfair Competition In Intellectual Products In The Public Domain, Marian R. Nathan Jan 1969

Unfair Competition In Intellectual Products In The Public Domain, Marian R. Nathan

Cleveland State Law Review

A recent Federal District Court case , Grove Press, Inc. v. Collector's Publication, Inc., illustrates another attempt by our judiciary to find its way out of the immense entanglement of copyright infringement in statutory law and unfair competition in common law besetting properties in the public domain. Two 1964 United States Supreme Court decisions have further complicated the positions of both creators and judiciary.


Group Law Services In Patent Law, G. Franklin Rothwell Jan 1969

Group Law Services In Patent Law, G. Franklin Rothwell

Cleveland State Law Review

If group legal services are to pervade the field of patent law, and in view of the UMW case and the activities of the unregistered patent practitioners, that I suspect is imminent, the most stringent safeguards should be specifically set forth, including the following: specific approvaland regulation by the Patent Office of the group, its modus operandi,and the patent practitioners participation; and stringent restrictions by the Patent Office of the groups' advertising and promotional activities, both written and outside the group. The Patent Office now has statutory authority to regulate registered practitioners, and some regulation could be accomplished in this …


Do Art Exhibitions Destroy Common-Law Copyright In Works Of Art, Randolph N. Jonakait Jan 1969

Do Art Exhibitions Destroy Common-Law Copyright In Works Of Art, Randolph N. Jonakait

Articles & Chapters

No abstract provided.


Copyright--Protection Denied To Verbal Expression Of Simple Subject Matter--Morrissey V. Proctor & Gamble Co., Michigan Law Review Nov 1968

Copyright--Protection Denied To Verbal Expression Of Simple Subject Matter--Morrissey V. Proctor & Gamble Co., Michigan Law Review

Michigan Law Review

The plaintiff copyrighted a series of rules for a sales promotional contest in which contestants' social security numbers were used as the basis for a "sweepstakes." In 1959 he submitted the contest rules and game suggestions to several companies, including the defendant Procter & Gamble Company, to see if they were interested in using his scheme. The defendant failed to accept or even to respond to the plaintiff's solicitation. However, three years later Procter & Gamble initiated a "Shopping Fling Sweepstakes" which utilized contestants' social security numbers as the basic element of the game. Plaintiff brought an action for copyright …


Recent Cases, Law Review Staff Oct 1968

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases --

Constitutional Law--Obscenity--Materials May Be Obscene for Minors without Being Obscene for Adults

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Constitutional Law--Standing-Federal Taxpayer Has Standing To Challenge Federal Expenditures Violating Specific Constitutional Prohibition

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Copyright--Telecommunication--CATY Carriage of Copyrighted Material Does not Constitute Infringement

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Criminal Law--Exclusion for Cause of Prospective Jurors With Scruples Against Death Penalty Violates Due Process


Patent Infringement In Government Procurements: Gao's Role, J. Edward Welch Oct 1968

Patent Infringement In Government Procurements: Gao's Role, J. Edward Welch

William & Mary Law Review

No abstract provided.


Current Tests Of Similarity In Infringement Proceedings, Paul E. Holtzmuller Oct 1968

Current Tests Of Similarity In Infringement Proceedings, Paul E. Holtzmuller

William & Mary Law Review

No abstract provided.