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Selected Works

2000

Intellectual Property Law

Articles 1 - 5 of 5

Full-Text Articles in Entire DC Network

The Owned Public Domain: The Constitutional Right Not To Be Excluded – Or The Supreme Court Chose The Right Breakfast Cereal In Kellogg V. National Biscuit Co., Malla Pollack Oct 2000

The Owned Public Domain: The Constitutional Right Not To Be Excluded – Or The Supreme Court Chose The Right Breakfast Cereal In Kellogg V. National Biscuit Co., Malla Pollack

Malla Pollack

Before the rise of law and economics, the Supreme Court decided several cases involving patent holders' attempts to use trademark doctrines to slow down competitors after the expiration of their utility patents; in each of these cases, the Court enforced a public right to use material in the public domain. To give one famous example, Kellogg Co. v. National Biscuit Co., the "shredded wheat case," came to the Court after the expiration of a product and process utility patent on that once-innovative breakfast cereal. The Court held that a competitor could freely copy the product's name and its well known …


Traffix Devices V. Marketing Displays, Malla Pollack Aug 2000

Traffix Devices V. Marketing Displays, Malla Pollack

Malla Pollack

Brief argues against allowing extension of utility patent through trade dress protection. Opinion at 523 U.S. 23 (2001).


Southco V. Kanebridge, Malla Pollack Jun 2000

Southco V. Kanebridge, Malla Pollack

Malla Pollack

Brief arguing against copyright protection for parts numbers. Opinion 258 F.3d 148 (3rd Cir. 2001); see also appeal after remand, 390 F.3d 276 (3rd Cir. 2004) (en banc).


Veeck V. Sbcci, Malla Pollack Mar 2000

Veeck V. Sbcci, Malla Pollack

Malla Pollack

Brief argues against copyright in enacted statutes which are identical in wording to privately authored model codes. Decision at 293 F.3d 791 (5th Cir. 2002) (en banc).


A New Copyright Order: Why National Courts Should Create Global Norms, Graeme B. Dinwoodie Dec 1999

A New Copyright Order: Why National Courts Should Create Global Norms, Graeme B. Dinwoodie

Graeme B. Dinwoodie

No abstract provided.