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Articles 1 - 5 of 5
Full-Text Articles in Business
Ip Basics: Trademarks And Business Goodwill, Thomas G. Field Jr.
Ip Basics: Trademarks And Business Goodwill, Thomas G. Field Jr.
Law Faculty Scholarship
This is information all business owners need if they wish to preserve their hard-won goodwill. It discusses, for example, the important differences between strong and weak marks for products and services, the value of state and federal registrations and the importance of searches (to avoid wasting money).
Ip Basics: Seeking Cost-Effective Patents, Thomas G. Field Jr.
Ip Basics: Seeking Cost-Effective Patents, Thomas G. Field Jr.
Law Faculty Scholarship
This discussion briefly explores the range of intellectual property options in view of the nature of inventions and their market value, particularly for entrepreneurs. Specific strategies for controlling ever-increasing patent costs in the face of market uncertainty. It does not recommend that inventors prosecute patent applications themselves, lest they get much less than they pay for.
Mission Impracticable: The Impossibility Of Commercial Impracticability, Jennifer Camero
Mission Impracticable: The Impossibility Of Commercial Impracticability, Jennifer Camero
The University of New Hampshire Law Review
[Excerpt] “Residents of Chicago’s Streeterville neighborhood certainly cannot forget the recent financial crisis thanks to a gaping hole in their midst. That hole is to be the home of the Spire, the tallest building in the Northern Hemisphere, at 2,000 feet high with 1,194 residences ranging in price from $750,000 for a studio to $40 million for the penthouse. The developer, Shelbourne Development Group, Inc., began construction in 2007 using its own funds. It also obtained “starter” funds from Bank of America via a loan agreement that required Shelbourne to demonstrate proof of a construction loan by November 1, 2008. …
Model All-Payer Claims Database Legislation, Lucy Hodder, Jo Porter, Ashley Peters
Model All-Payer Claims Database Legislation, Lucy Hodder, Jo Porter, Ashley Peters
Law Faculty Scholarship
With support from the Gary and Mary West Health Policy Center, the APCD Council has developed model legislation guidance for states to develop all-payer claims database legislation.
Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca
Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca
Law Faculty Scholarship
Authorship, and hence, initial ownership of copyrighted works is oftentimes controlled by the 1976 Copyright Act’s work made for hire doctrine. This doctrine states that works created by employees within the scope of their employment result in the employer owning the copyright. One key determination in this analysis is whether the hired party is an employee or independent contractor. In 1989, the U.S. Supreme Court, in CCNV v. Reid, answered the question of how employees are distinguished from independent contractors by setting forth a list of factors courts should consider. Unfortunately, the Supreme Court did not give further guidance on …