Digital Commons Network^™

Security Inventions: Compensation Under Patent And Atomic Energy Acts

Indiana Law Journal

No abstract provided.

The Patent-Antitrust Problem, Bartholomew Diggins

Michigan Law Review

The Patent-Antitrust section of the Report of the Attorney General's National Committee to Study the Antitrust Laws is an excellent analysis of the existing law and is an invaluable handbook for practitioners in this difficult field. The writer's approach to the problem is different from that of the committee and before commenting specifically on the Report it is only fair to state the writer's views of the problem lest differences in viewpoint give the impression of criticism of the Report.

In any approach to the patent-antitrust problem there is a basic question: does a "patent-antitrust problem" exist? The Report …

Constitutional Law - Commerce Clause - Federal Jurisdiction In Trade-Mark Infringement Proceedings Under The Lanham Act, Richard R. Dailey

Michigan Law Review

Plaintiff's trade-mark, "Minute Maid," had been registered under the Lanham Act in 1952 and had been used in interstate commerce in connection with the sale of frozen fruit juice concentrates since that time. Defendant's trade-mark consisted in part of the words "Minute Made." Defendant used its mark wholly within the State of Florida in the processing and sale of frozen meat products. Both plaintiff and defendant were Florida corporations. In a suit for trade-mark infringement, jurisdiction of the federal district court depended. on the provisions of the Lanham Act. The complaint alleged damage to plaintiff's good will established in interstate …

Industrial Trade Secrets, Their Use And Protection, G. G. Maruchnics

Cleveland State Law Review

Because of the great part that such trade secrets play in the success of many industrial endeavors, the courts have been called upon on many occasions to resolve controversies of litigants concerning such secrets.The cases most often appearing before the courts involve the relationship of employer and employee, or former employee. Out of this relationship arise the questions of ownership and use and misuse of alleged confidential information or trade secrets. Other relationships have also been considered by the courts, and the questions considered are in many respects overlapping. The big question is to determine what is a trade secret …

Unfair Competition--News--Literary Property, A. J. B.

West Virginia Law Review

No abstract provided.

Borderland - Where Copyright And Design Patent Meet, Richard W. Pogue

Michigan Law Review

Copyright law and design patent law contemplate basically different objects of protection. Yet at the outer fringes of these types of protection certain concepts overlap to form a rather undefined borderland in which it is difficult to say what law is applicable-copyright law, patent law, neither, or both. It is the purpose of this paper to explore this borderland area in the light of traditional copyright and patent law principles, with attention given to policy considerations involved, and to offer suggestions toward drawing a sharper boundary between the two.

Literary Property—Elements Of Ownership Of An Idea, Robert Louis Manuele

Buffalo Law Review

Belt v. Hamilton National Bank, 108 F. Supp. 689 (D. C. 1952).

Regulation Of Business-Resale Price Maintenance-Constitutionality Of Non-Signer Provion In Michigan Fair Trade Act, Richard D. Rohr S.Ed.

Michigan Law Review

Plaintiff, a manufacturer of trade-marked products, brought a bill to restrain defendant-retailer from selling plaintiff's products at prices below the minimum prices established by plaintiff in contracts made pursuant to the Michigan Fair Trade Act. Defendant admitted such sales; but contended that because it had not signed a fair trade agreement with plaintiff, enforcement of the Michigan act against defendant would violate its rights under the due process clause of the state constitution. The trial court, treating the transactions involved as being exclusively in intrastate commerce, held the Michigan Fair Trade Act, as applied to non-signers of fair trade agreements, …

Copyright Protection To Aliens And Stateless Persons, Edward T, Breathitt Jr.

Kentucky Law Journal

No abstract provided.

Patent Royalties As Capital Gains Under I.R.C., Section 117(A), Ruth E. Riddell

Michigan Law Review

With the incidence of high personal surtax rates, a patentee is ordinarily interested in deriving the greatest monetary return after taxes, measured in proportion to the extent of use over what he expects to be the increasingly productive life of the intangible right evidenced by his patent, without surrendering his option to reclaim the patent in event of insolvency or lack of diligence on the part of the person to whom he transfers the patent for exploitation. Although ideal for these purposes, the favorable capital gain status under section 117(a) of the Internal Revenue Code, requiring recognition of only fifty …

Woe Unto You Trade-Mark Owners, Julius R. Lunsford, Jr.

Michigan Law Review

THE new Trade-Mark Act,1 widely heralded as giving added protection to trade-mark owners, has in its nearly four years of operation resulted, in several spectacular instances, in narrowing the rights conferred by the registration and use of trade-marks. Text author Rudolph Callmann remarked after the act's first birthday: "Despite all the efforts of the bar, our courts still cling to the familiar anachronisms."2 Where do trade-mark owners stand today? The Supreme Court has to date failed to answer this question, and the federal courts have refused to consider the import of the new legislation. Many commentators, attorneys and scholars thought …

Patents-Exclusive Licenses-Licensor And Licensee Relationship- Llicensee's Obligations, Gordon W. Hueschen S. Ed.

Michigan Law Review

Patent licensing is today, as always, a very significant part of patent law. Since royalty licenses allow a patentee to realize pecuniary benefits from his invention without yielding ownership, as he would by an assignment, they are especially attractive to an inventor who anticipates considerable commercial success for his contribution, and who does not desire to lose all control of the invention for a lump sum, the adequacy of which must be, at best, speculative. From the licensee's standpoint, it is usually advantageous to be free of competition from others also operating under the same patent monopoly, at least within …

New Concepts In Trade-Mark Legislation, Orland M. Christensen

Washington Law Review

The widely favored Lanham Act makes important changes in the former picture, chief of which perhaps is the unprecedented effect now given trade-mark registration. The new act does not alter the common law concept that trade-mark rights must arise first out of actual use of the mark in trade. However, the owner of a valid interstate mark can now strengthen and even expand his rights substantively by registration, and, conversely, his failure to register promptly can result in serious losses.

Book Reviews, Alfred Conrad, Daniel J. Boorstin, Charles C. Callahan, Arnold C. Rood, Robert R. Wilson, Ella Cooper Thomas, I. Maurice Wormser, Louis Prashker, Cornelius J. Moynihan

Journal of Legal Education

No abstract provided.

Patent Monopolies And Free Enterprise, Myron W. Watkins, George W. Stocking

Vanderbilt Law Review

Public policy has long recognized the intimate relation between a dynamic technology and a well-adjusted economy. Without experiment, industrial arts stagnate. Rightly understood, invention is synonymous with improvement in the industrial arts, and invention comes about only from experimenting. Not every inventor finds what he is looking for, true enough, or is looking for what he finds. But unless, consciously or unconsciously, he is seeking a new way to do something or a new "combination of matter" he will never discover anything.

To encourage experiment and thus foster technical improvment is the avowed purpose of the American patent system. The …

Protection Of The Content Of Radio And Television Programs By Common Law Copyright, Harry P. Warner

Vanderbilt Law Review

Common law copyright has reference to an individual's "right in his original, unpublished, intellectual productions," which are protected via the common law. Common law copyright antedates the copyright statutes and can furnish the creative artist adequate and complete protection within limits. The common law rights are protected independently of the statute until the creative artist has permitted the contents of his work to be communicated generally to the public. As a matter of fact, section 2 of the Copyright Code expressly provides that statutory copyright will not annul or limit the enforcement of common law rights at law or in …

Contributory Infringement And The Combination Patent, Samuel Ewer Eastman

Michigan Law Review

The right of action for contributory infringement of a patent was forged by judicial legislation, and, as limited and subjected to opposing rules of law, has been tempered by that same process. The history is exemplary of the control over society exercisable by the courts according to their own individual economic outlook.

In tracing this history, buying agreements, price-fixing, agreements not to deal in the goods of a competitor, conspiracies to restrain trade through licensing, and other business arrangements subject to scrutiny under the anti-trust laws will be dealt with only incidentally. It is not possible to deal only with …

Taxation-Federal Income Tax-Taxability To Nonresident Alien Of Lump Sum Payments For Copyright, Myron J. Nadler S.Ed.

Michigan Law Review

Taxpayer, a nonresident alien author not engaged in trade or business within the United States, delivered certain literary works to American publishers under agreement whereby the latter were to copyright and publish these stories and reassign to the taxpayer after publication all rights except the American serial rights. Lump sum payments for each story were received during the years 1938 and 1941. No tax was paid on these amounts and a deficiency was assessed on the ground that they constituted royalties received for the use of United States copyrights and were taxable as ordinary income. The circuit court of appeals …

The Extension Of Trade Name Protection To Non-Competitive Areas

Indiana Law Journal

Trade Marks and Trade Names Note

Coming Into Equity With Clean Hands, Zechariah Chafee, Jr.

Michigan Law Review

The preceding article proposed to examine eighteen differing groups of cases which are commonly supposed to present the clean hands doctrine as a maxim of equity, and then proceeded to consider eight such groups. Ten groups still require attention. The first five of those already considered fell within the exclusive jurisdiction of equity, and the next three within the concurrent jurisdiction, which is continued for a considerable part of the present article. After discussing suits for specific performance of unfair contracts and of illegal contracts, I dealt with miscellaneous tort suits by a person charged with crime. We now turn …

Compulsory Licensing By Judicial Action: A Remedy For Misuse Of Patents, Neal Seegert

Michigan Law Review

Having viewed the fundamental problems, it is pertinent to outline some of the alleged abuses of the American patent system as it operates in our modern business and industrial economy and to canvass some of the proposed remedies. First are abuses that might be termed attempts to extend the duration of the patent monopoly. These stem mainly from the procedural aspects of the patent laws. Foremost among them is the problem of long pendency of applications, particularly the dilatory tactics that are possible under the law, which postpone issuance of the patent, thus extending the time duration of the patent …

Copyrights--Duty Of One Owner To Account To Co-Owner For Profits From Use And Licensing Of Copyright.

Washington and Lee Law Review

No abstract provided.

File Wrapper Estoppel, O. M. Christensen

Washington Law Review

Patent law cases are rare in Washington. Thys v. Rivard, the most recent, concerned patent infringement and turned on two important rules of patent law: the doctrine of equivalents and the doctrine of file wrapper estoppel. Although the former of these rules had confronted the court on an earlier occasion, file wrapper estoppel was presented for the first time by the Rivard case. File wrapper estoppel, a rule of patent construction, derives its name from the Patent Office file wrapper containing the record of proceedings leading up to the grant of the letters patent. If, when the Patent Office examines …

Definiteness And Particularity In Patent Claims, William Redin Woodward

Michigan Law Review

To the uninitiated the professional jargon of patents, and particularly of patent claims, is somewhat mystifying even in the most ordinary cases. The profession likes to define the elements of apparatus as "means" for this, "means" for that and "means" for the other. Words like "plurality," "predetermined" and "comminuted" find remarkably frequent use by patent attorneys. And the habit of using out-of-the-way verbiage may lead the practitioner by force of habit to pass over a simple term like "sleeping car" in favor of a more elaborate phrase like "a communal vehicle for the dormitory accommodation of nocturnal viators." But it …

Trade Restraints--Anti-Trust Laws-Tying Contracts--Right Of Selection Of Customers, John F. Buchman, Iii

Michigan Law Review

Defendant, one of the country's largest producers of salt for industrial uses, held patents on two machines for utilization of salt products. It leased these machines on condition that the lessee purchase from defendant all the salt (an unpatented product) to be used with the machines unless salt should become available elsewhere at a lower price. The federal government brought suit under the Sherman and Clayton Acts to enjoin the continued observance of these provisions of the lessee. The district court granted the injunction and ordered that defendant, if offering any machines at all for lease, offer the same to …

The Doctrine Of Misuse Of Patent

Indiana Law Journal

Trade Regulation Note

Trade Names

Indiana Law Journal

Indiana Legislation, 1947

Consent Decrees And Res Judicata

Indiana Law Journal

Notes and Comments: Patents

Copyright Of Advertising, Mary Garner Borden

Kentucky Law Journal

No abstract provided.

Goods Of The Same Descriptive Properties, John M. Kinnaird

Kentucky Law Journal

No abstract provided.