Digital Commons Network^™

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

Maryland Law Review

No abstract provided.

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.

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 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?

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.

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

Kentucky Law Journal

No abstract provided.

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

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

Indiana Law Journal

No abstract provided.

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

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.

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.

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?

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

Articles by Maurer Faculty

No abstract provided.

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.

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.

West Virginia Law Review

No abstract provided.

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

Villanova Law Review (1956 - )

No abstract provided.

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

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 …