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Copyright Pre-Emption And Character Values: The Paladin Case As An Extension Of Sears And Compco, Michigan Law Review Mar 1968

Copyright Pre-Emption And Character Values: The Paladin Case As An Extension Of Sears And Compco, Michigan Law Review

Michigan Law Review

Much of the confusion over copyright pre-emption that has followed in the wake of Sears and Compco may be due to a fundamental difference between the present patent and copyright acts. Unlike the patent law that was at issue in Sears and Compco, the federal Copyright Act provides that the states may in limited circumstances protect literary property through the doctrine of common-law copyright. Under section 2 of the Act, a state may prevent copying of a work so long as it remains "unpublished." An alternative ground of decision in Paladin was that, regardless of preemption under Sears and …


The Utility Requirement In Chemical Process And Chemical Intermediate Patent Claims, James K. Stewart Mar 1968

The Utility Requirement In Chemical Process And Chemical Intermediate Patent Claims, James K. Stewart

William & Mary Law Review

No abstract provided.


Legal Perils Of Parody And Burlesque, Thomas Paul Demeter Jan 1968

Legal Perils Of Parody And Burlesque, Thomas Paul Demeter

Cleveland State Law Review

Parody and Burlesque as art forms, and their conflicts with the rights of the holder of the original copyrighted work, are subjects of interest to both the layman and the lawyer. To analyze the status of this conflict, several areas must be explored. The following discussion includes a consideration of the current copyright law as it applies to parody and burlesque, a history of parody and burlesque as a literary form, and significant United States cases dealing with the problems of the conflict.


Mechanical Copying, Copyright Law, And The Teacher, Nancy Schuster, Marc J. Bloch Jan 1968

Mechanical Copying, Copyright Law, And The Teacher, Nancy Schuster, Marc J. Bloch

Cleveland State Law Review

This article deals with the infringement problems encountered by a teacher in duplicating copyrighted material for his class. Since the teacher is the "real party in interest," we have attempted to avoid legalistic language (at least without explanation), so as to produce a paper to which the layman, as well as the lawyer may turn for understanding.


Copyrighting The New Music, Paul Goldstein Jan 1968

Copyrighting The New Music, Paul Goldstein

Buffalo Law Review

No abstract provided.


Jurisdiction--Foreign Patents--Jurisdiction Over Foreign Patent Claims, Michigan Law Review Dec 1967

Jurisdiction--Foreign Patents--Jurisdiction Over Foreign Patent Claims, Michigan Law Review

Michigan Law Review

The territorial limitations of sovereignty have been held to preclude a country from giving extraterritorial effect to its patent laws, and, therefore, a patent confers rights which are protected only within the boundaries of the issuing country. Thus, United States and foreign patents, even when granted for the same invention, create separate and distinct rights which may differ in scope and effect in the respective countries. Concomitantly, courts have also held that a foreign patent confers upon its owner no rights or protection with respect to acts done in the United States.


Kaplan: An Unhurried View Of Copyright, W. Brown Morton Jr. Nov 1967

Kaplan: An Unhurried View Of Copyright, W. Brown Morton Jr.

Michigan Law Review

A Review of An Unhurried View of Copyright by Benjamin Kaplan


The Misuse Doctrine And Post Expiration-Discriminatory-And Exorbitant Patent Royalties, Larry R. Fisher Oct 1967

The Misuse Doctrine And Post Expiration-Discriminatory-And Exorbitant Patent Royalties, Larry R. Fisher

Indiana Law Journal

No abstract provided.


Antitrust-Patents-Licenses-Regulation Of Patent License Royalty Rates Under The Antitrust Laws, Michigan Law Review Jun 1967

Antitrust-Patents-Licenses-Regulation Of Patent License Royalty Rates Under The Antitrust Laws, Michigan Law Review

Michigan Law Review

Neither the Constitution nor federal legislation defines a patentee's licensing rights; consequently, it has devolved upon the courts to control patent marketing practices. A patentee is entitled to a limited monopoly on his invention, and proper use of this grant is not a violation of any law regulating trade practices. Yet licensing affords an opportunity to enlarge the scope of this monopoly, and courts using various rationales have declared illegal different forms of patent licensing arrangements found to be outside the protective coverage of the patent grant. Until recently, however, the courts have not dealt with the problem of whether …


Community Antenna Television—A Copyright Infringer, Anon Mar 1967

Community Antenna Television—A Copyright Infringer, Anon

Washington Law Review

Plaintiff licensed its copyrighted motion pictures to a television broadcasting station. Defendant, a Community Antenna Television (CATV) System, received the station's broadcast, amplified the signal, and retransmitted it via coaxial cable to paying subscribers operating their own television sets in private homes and places of business. Plaintiff brought suit under the Copyright Act, alleging infringement on grounds that defendant had unlawfully performed plaintiff's copyrighted work. Held: Copyright protection of motion pictures extends to movies shown in private homes and places of business by means of CATV systems operated for profit. United Artists Television, Inc. v. Fortnightly Corp., 255 F. Supp. …


Community Antenna Television—A Copyright Infringer, Anon Mar 1967

Community Antenna Television—A Copyright Infringer, Anon

Washington Law Review

Plaintiff licensed its copyrighted motion pictures to a television broadcasting station. Defendant, a Community Antenna Television (CATV) System, received the station's broadcast, amplified the signal, and retransmitted it via coaxial cable to paying subscribers operating their own television sets in private homes and places of business. Plaintiff brought suit under the Copyright Act, alleging infringement on grounds that defendant had unlawfully performed plaintiff's copyrighted work. Held: Copyright protection of motion pictures extends to movies shown in private homes and places of business by means of CATV systems operated for profit. United Artists Television, Inc. v. Fortnightly Corp., 255 F. Supp. …


A Divided Country In Foreign Courts-Recent Litigation Involving Germany's Legal Status And The Zeiss Stiftung, Herbert L. Bernstein Mar 1967

A Divided Country In Foreign Courts-Recent Litigation Involving Germany's Legal Status And The Zeiss Stiftung, Herbert L. Bernstein

Michigan Law Review

The partition of countries in the wake of the second World War accounts for two Asian battlefields: Korea and Viet Nam. In Europe, where a dividing line was drawn through Germany, military hostilities have been avoided thus far. Instead, the controversies originating from that line are fought out at the conference table, through public and private media of communication, and in the courthouses.


Trademarks-Successful Plaintiffs In Trademark Infringement Actions Under The Lanham Act May Not Recover Attorney's Fees-Maier Brewing Co. V. Fleischmann Distilling Corp., Michigan Law Review Jan 1967

Trademarks-Successful Plaintiffs In Trademark Infringement Actions Under The Lanham Act May Not Recover Attorney's Fees-Maier Brewing Co. V. Fleischmann Distilling Corp., Michigan Law Review

Michigan Law Review

In an action for trademark infringement under the Lanham Act and for unfair competition, the District Court enjoined the defendant company from further use of the trademark and awarded the plaintiff $60,000 in attorney's fees. On appeal, held, reversed in part. The issuance of the injunction was upheld but the court declared that attorney's fees are not recoverable in trademark infringement cases prosecuted under the Lanham Act since Congress had not expressly provided for such awards.


A New Look At The European Patent: Limited Availability, Harold G. Maier Mar 1966

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 …


Literacy Titles - Copyrightable Or Trademarkable, Peter C. John Jan 1966

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 Jan 1966

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

Villanova Law Review (1956 - )

No abstract provided.


Television Sponsor And Advertising Agency Held Vicariously Liable For Copyright Infringement--Davis V. E.I. Dupont De Nemours & Co., Michigan Law Review Jan 1966

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 …


Duration, The Manufacturing Clause, And The Jukebox Exemption Under The Present Copyright Law And The Proposed 1965 Revision, Thomas R. Emerson Jan 1966

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 Sep 1965

Mandatory Package Licensing As Patent Misuse

Washington and Lee Law Review

No abstract provided.


Territorial Trademark Rights And The Antitrust Laws, Richard F. Dole Jan 1965

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 …


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 Jan 1965

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 …


"Related" Claims Of Unfair Competition And Patent Infringement - River Brand Rice Mills, Inc. V. General Foods Corp. Jan 1965

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

Maryland Law Review

No abstract provided.


Some Aspects Of Trade Secrets And Their Protection: The Public Domain And The "Unified Description" Requirement, R. M. Cummings Jan 1965

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 Aug 1964

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 May 1964

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 Apr 1964

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 Mar 1964

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 Jan 1964

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 Jan 1964

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.


Know-How Licensing And The Antitrust Laws, David R. Macdonald Jan 1964

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.