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Intellectual Property Law

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Government Recognition And Acquisition Of Patent Rights, Charles W. Small Jan 1962

Government Recognition And Acquisition Of Patent Rights, Charles W. Small

Cleveland State Law Review

The status and value of patent rights owned by private enterprise may be materially affected by the procurement policies and practices of the Federal Government. The most publicized and controversial policies are found in the rules and regulations of the Department of Defense, the Atomic Energy Commission and the National Aeronautics and Space Administration. It is the purpose of this article to delineate the major differences being promulgated by these three governmental agencies.


Copyright Infringement, Lowell T. Hughes Jan 1962

Copyright Infringement, Lowell T. Hughes

Kentucky Law Journal

No abstract provided.


Trademarks—Trademark Infringement And Unfair Competition By Rebottling, David R. Knoll Oct 1961

Trademarks—Trademark Infringement And Unfair Competition By Rebottling, David R. Knoll

Buffalo Law Review

Lanvin Parfums, Inc. v. Le Dans, Ltd., 9 N.Y.2d 516, 215 N.Y.S.2d 257 (1961).


Trademarks—Use Of Similar Trademark, Not Calculated To Produce Confusion, Not Enjoinable, David R. Knoll Oct 1961

Trademarks—Use Of Similar Trademark, Not Calculated To Produce Confusion, Not Enjoinable, David R. Knoll

Buffalo Law Review

Dell Publishing Co. v. Stanley Publications, Inc., 9 N.Y.2d 126, 211 N.Y.S.2d 393 (1961).


Rights Of Federal Government Personnel Under The Copyright Act Oct 1961

Rights Of Federal Government Personnel Under The Copyright Act

Indiana Law Journal

No abstract provided.


Copyright Of Textile Designs - Clarity And Confusion In The Second Circuit, Thomas Ehrlich May 1961

Copyright Of Textile Designs - Clarity And Confusion In The Second Circuit, Thomas Ehrlich

Michigan Law Review

For decades textile designers have sought without success to check the piracy of their patterns. Numerous bills aimed at protecting designers have failed in Congress. Until recently, the few federal courts which had considered the question had held that neither the Copyright Act nor the common law afforded protection. After the Supreme Court's decision in Mazer v. Stein, however, it seemed that relief might at last be available. In that case the Court held that the utilitarian purpose of an object did not exclude it from copyright protection. The Copyright Office revised its regulations to include textile designs within …


Copyright-Notice Requirements-Pitfalls For The Unwary, Gregor N. Neff Feb 1961

Copyright-Notice Requirements-Pitfalls For The Unwary, Gregor N. Neff

Michigan Law Review

Whether judicial remedy of the situation will be adequate or whether legislative change is necessary to remedy the situation presents another problem; but the need for remedy seems clear. The purpose of this comment is to discuss these pitfalls and to indicate present judicial trends regarding these problems. Proposed remedies, both legislative and judicial, will be listed and evaluated where possible.


Copyright Of Textile Designs -- Clarity And Confusion In The Second Circuit, Thomas Ehrlich Jan 1961

Copyright Of Textile Designs -- Clarity And Confusion In The Second Circuit, Thomas Ehrlich

Articles by Maurer Faculty

No abstract provided.


Registered Trademark Marking Requirements, Cameron K. Wehringer Jan 1961

Registered Trademark Marking Requirements, Cameron K. Wehringer

Cleveland State Law Review

The ® symbol is at times rarely used,sometimes moderately used, and sometimes perhaps over-used.Two major questions then. What is the necessary use, and what is the situation as to prevailing use?


Patents - Infringement Of Combination Patent - Sale And Use Of Replacement Fabric For Convertible Top Structure Constitutes Permissible Repair, Thomas F. Caffrey Jan 1961

Patents - Infringement Of Combination Patent - Sale And Use Of Replacement Fabric For Convertible Top Structure Constitutes Permissible Repair, Thomas F. Caffrey

Villanova Law Review (1956 - )

No abstract provided.


Ball: Dynamics Of The Patent System, Robert A. Choate Nov 1960

Ball: Dynamics Of The Patent System, Robert A. Choate

Michigan Law Review

A Review of Dynamics of the Patent System. Edited by William B. Ball.


Literary And Artistic Property -- Common-Law Copyright-- Filing Of Architectural Plans In A Public Office As Publication, Judd L. Bacon S.Ed. Nov 1960

Literary And Artistic Property -- Common-Law Copyright-- Filing Of Architectural Plans In A Public Office As Publication, Judd L. Bacon S.Ed.

Michigan Law Review

Plaintiff home designer prepared plans for a client and filed a copy in a county office as required by ordinance in order to obtain a building permit. Defendant copied and used these plans without plaintiff's consent. In an action under a state statute codifying the common-law right of designers to the exclusive ownership of their unpublished designs, the lower court held for defendant, finding plaintiff's copyright to have been destroyed by publication. On appeal, held, reversed. The filing of architectural plans in a public office in order to secure a building permit does not constitute a publication of them …


The Doctrine Of Secondary Meaning, G. H. A. Apr 1960

The Doctrine Of Secondary Meaning, G. H. A.

West Virginia Law Review

No abstract provided.


Resolution Of Conflicting Claims To Intellectual Property, William C. Mccoy Jr. Jan 1960

Resolution Of Conflicting Claims To Intellectual Property, William C. Mccoy Jr.

Cleveland State Law Review

Proceedings for the adjudication of conflicting claims to intellectual property are technical and complicated; so that, when these controversies arise, counsel familiar with the field should be engaged. In the case of patent rights, records of the inventor's activities should be maintained which are complete and which are corroborated. In the case of trademark rights, records of the early use of the trademark should be kept, and representative records of subsequent use should be kept, so that convincing evidence of continuous use of the trademark may be presented. Interference proceedings may take several years and are expensive. During the period …


Comments, Various Editors Jan 1960

Comments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.


Statutory Protection Of Intellectual Property Rights, Richard G. Smith Jan 1960

Statutory Protection Of Intellectual Property Rights, Richard G. Smith

Cleveland State Law Review

As intellectual property is an intangible, its identification and protection under legal process provides peculiar problems. Presently, intellectual property is protected primarily by statutory provisions, as the methods provided by common law have inherent frailty. For exemplary purposes, this exposition will be concerned solely with the problems arising from the domain of invention and discovery and the application of the provisions of the patent laws.


Suggestion Box Systems, Esther Weissman Jan 1960

Suggestion Box Systems, Esther Weissman

Cleveland State Law Review

The employee "suggestion box" has become a common feature of American enterprise. Its use is simple and beneficial. An employee writes an idea on a blank form conveniently made available in his work area and drops his suggestion into a box provided for such suggestions. Many legal questions arise in connection with suggestion systems. But there has been little litigation in this field so far, probably because of the small scale nature of most of the claims which develop as a result of such suggestions. But with the rapid expansion of suggestion systems, more attention will be given to their …


Organzied Scientific Research And Intellectual Property, Rathuel L. Mccollum Jan 1960

Organzied Scientific Research And Intellectual Property, Rathuel L. Mccollum

Cleveland State Law Review

Organized research and planned invention by highly trained specialists are now fundamental parts of the American scene. Invention-to-order has become "big business" with all of its ramifications. The purpose of this article is to analyze some of the legal problems associated with inventions and patents that come into being as a result of scientific research.


Licenses, Contracts And Assignments Of Intellectual Property, Frederic B. Schramm Jan 1960

Licenses, Contracts And Assignments Of Intellectual Property, Frederic B. Schramm

Cleveland State Law Review

Among the significant aspects of property or "ownership" are the rights to determine the use of it and the right to dispose of it. What has been referred to as "intellectual property," if it may truly be referred to as property, must therefore be capable of becoming the subject matter of agreements of various kinds-licenses, contracts and assignments. The lawyer is consequently concerned with applicability of the law of contracts as well as of the law of property to intellectual property.


Enforcement Of Intellectual Property Rights, Albert R. Teare Jan 1960

Enforcement Of Intellectual Property Rights, Albert R. Teare

Cleveland State Law Review

Wrongful use or appropriation of the property of another is a tort. The owner of a patent has a remedy by civil action for infringement of his patent, and the District Courts of the United States have original jurisdiction of any civil action arising under any act of Congress relating to patents, trademarks and copyrights.


Protection Of Patents And Trademarks Abroad, Norman St. Landau Jan 1960

Protection Of Patents And Trademarks Abroad, Norman St. Landau

Cleveland State Law Review

This article is intended to point out succinctly some of the problems that the United States practitioner not versed in foreign practice may have to consider. Specific laws and specific manuals involving practice in various countries abroad, as well as many articles, have been presented frequently by others. There are, however, a number of points in connection with protection of industrial property abroad which cannot be overemphasized, but which we try to outline briefly.


Concrete Forms Of Intellectual Property, Robert J. Fay Jan 1960

Concrete Forms Of Intellectual Property, Robert J. Fay

Cleveland State Law Review

The field of intellectual property as treated in this paper encompasses mental products of industrial importance: inventions or discoveries, literary or artistic works, trade secrets,and distinguishing trademarks or trade names used in commerce. Each of these is characterized by mental activity followed by embodiment in some concrete form. Protection in a measure for the originator is found both in the statutes and in common law.


Submission And Receipt Of Ideas: Conflicting Rights, Joseph R. Teagno Jan 1960

Submission And Receipt Of Ideas: Conflicting Rights, Joseph R. Teagno

Cleveland State Law Review

An idea has little or no value in the isolation of the conceiver's mind. Artistic creations and developments and improvements in products, machines, and methods are examples of such ideas. Value may be imparted to such an idea by communicating it to others who value it for its utilitarian or esthetic characteristics. Property rights arise from appreciation of such value by others, following communication.


Restrictions On Use Of Intellectual Property Rights, Harold S. Meyer Jan 1960

Restrictions On Use Of Intellectual Property Rights, Harold S. Meyer

Cleveland State Law Review

Intellectual property rights are generally considered to include patents, copyrights, and ownership of unpublished technical data or "know-how," and sometimes trademarks. In spite of the basic differences in character between trademarkmrights and the others, all these rights are often dealt with as a group, particularly in Europe, where they are known collectively as industrial property rights.


Engineering Patent Agreements, Donald F. Harrington Jan 1960

Engineering Patent Agreements, Donald F. Harrington

Cleveland State Law Review

An analysis of recent cases indicates that no major changes have taken place in the interpretation of patent law since the earlier decisions. The underlying philosophy of the courts seems to be that an employer has an almost absolute right in the inventions of its employees if it is in the scope of their employment,if they are hired to invent, or if an express assignment agreement for future inventions exists. In most of the other cases outside this area, the great majority of the courts have at least held that the employer was entitled to the shop right. There has …


Tax Aspects Of Intellectual Property, Lawrence R. Bloomenthal Jan 1960

Tax Aspects Of Intellectual Property, Lawrence R. Bloomenthal

Cleveland State Law Review

Creative activity in the scientific, technical, literary, musical and artistic fields is encouraged by preferential treatment under the income tax laws. While musicians, authors, composers and inventors all receive some special tax benefits, inventors are awarded the most valuable tax breaks.


Parody And Burlesque -- Fair Use Or Copyright Infringement?, Law Review Staff Mar 1959

Parody And Burlesque -- Fair Use Or Copyright Infringement?, Law Review Staff

Vanderbilt Law Review

In Columbia Broadcasting System v. Loew's, Inc.,' the Supreme Court of the United States aroused great concern in the entertainment world when it affirmed (by an evenly divided court) a lower court decision enjoining CBS from producing a television burlesque by comedian Jack Benny of the motion picture Gaslight. Plaintiff Loew's had claimed an infringement of their copyright. CBS countered with the contention that their parody was a "fair use" of plaintiff's work. In affirming, the Supreme Court, in its initial consideration of this issue, placed its imprimatur upon a decision which takes the position that parody and burlesque do …


The Unwarranted Tax Discrimination Against Creators Of Copyrighted Works And Literary, Musical, Or Artistic Compositions Or Similar Properties, Linza B. Inabnit Jan 1959

The Unwarranted Tax Discrimination Against Creators Of Copyrighted Works And Literary, Musical, Or Artistic Compositions Or Similar Properties, Linza B. Inabnit

Kentucky Law Journal

No abstract provided.


Transfer Of Patent Rights, W. Lewis Roberts Jan 1959

Transfer Of Patent Rights, W. Lewis Roberts

Kentucky Law Journal

No abstract provided.


News: Public Right V. Property Right, William F. Swindler Jan 1959

News: Public Right V. Property Right, William F. Swindler

Faculty Publications

No abstract provided.