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Intellectual Property Law

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Journal

1997

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Articles 1 - 30 of 126

Full-Text Articles in Law

The V-Chip And The Constitutionality Of Television Ratings, Benjamin C. Zipursky, Eric Burns, Donald W. Hawthorne, Thomas Johnson Dec 1997

The V-Chip And The Constitutionality Of Television Ratings, Benjamin C. Zipursky, Eric Burns, Donald W. Hawthorne, Thomas Johnson

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Cocaine-Cola, The Velvet Elvis, And Anti-Barbie: Defending The Trademark And Publicity Rights To Cultural Icons, Steven M. Cordero Dec 1997

Cocaine-Cola, The Velvet Elvis, And Anti-Barbie: Defending The Trademark And Publicity Rights To Cultural Icons, Steven M. Cordero

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Red Alert! Add-On Games Are Coming!, Adam Eric Jaffe Dec 1997

Red Alert! Add-On Games Are Coming!, Adam Eric Jaffe

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Political Campaign Spending Caps And The First Amendment: Buckley V. Valeo Revisited, Wayne Barrett, Edward W. Hayes, Erik Joerss, William G. Kastin Dec 1997

Political Campaign Spending Caps And The First Amendment: Buckley V. Valeo Revisited, Wayne Barrett, Edward W. Hayes, Erik Joerss, William G. Kastin

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Restricting Speech On The Internet: Finding An Appropriate Regulatory Framework, Andrew B. Sims, Parry Aftab, Lisa M. Fantino, Richard A. Kurnit Dec 1997

Restricting Speech On The Internet: Finding An Appropriate Regulatory Framework, Andrew B. Sims, Parry Aftab, Lisa M. Fantino, Richard A. Kurnit

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Applying The Safe Distance Rule In Counterfeiting Cases: A Call For The Use Of Broad Equitable Power To Prevent Black And Gray Marketeering, Timothy R. Cahn, Joshua R. Floum Dec 1997

Applying The Safe Distance Rule In Counterfeiting Cases: A Call For The Use Of Broad Equitable Power To Prevent Black And Gray Marketeering, Timothy R. Cahn, Joshua R. Floum

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


How Early Did Anglo-American Trademark Law Begin? An Answer To Schechter's Conundrum, Keith M. Stolte Dec 1997

How Early Did Anglo-American Trademark Law Begin? An Answer To Schechter's Conundrum, Keith M. Stolte

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Trademark Surveys: Identifying The Relevant Universe Of Confused Consumers, Shashank Upadhye Dec 1997

Trademark Surveys: Identifying The Relevant Universe Of Confused Consumers, Shashank Upadhye

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Trademark Prosecution In The Patent And Trademark Office And Litigation In The Trademark Trial And Appeal Board, David W. Ehrlich, Richard A. Friedman, Donna L. Mirman, T. Jeffrey Quinn Dec 1997

Trademark Prosecution In The Patent And Trademark Office And Litigation In The Trademark Trial And Appeal Board, David W. Ehrlich, Richard A. Friedman, Donna L. Mirman, T. Jeffrey Quinn

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


When Is Enough Enough? Reduction To Practice And Summary Judgment During Patent Priority Disputes, R. Douglas Bradley Oct 1997

When Is Enough Enough? Reduction To Practice And Summary Judgment During Patent Priority Disputes, R. Douglas Bradley

Washington Law Review

This Note examines the current U.S. Patent and Trademark Office standards for determining patent priority in an interference proceeding. In particular, this Note reviews and criticizes the procedural rules governing the implementation of summary judgment in an interference. In Schendel v. Curtis, the U.S. Court of Appeals for the Federal Circuit had the opportunity to articulate a clear analytical framework to guide Administrative Patent Judges in the determination of what experimental evidence, and how much of it, a party must present to establish a prima facie showing of reduction to practice. This Note argues that, in an interference proceeding, …


Copyright In Central And Eastern Europe: An Intellectual Property Metamorphosis , Silke Von Lewinski Oct 1997

Copyright In Central And Eastern Europe: An Intellectual Property Metamorphosis , Silke Von Lewinski

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Intellectual Property Law Enforcement In China: Trade Issues, Policies And Practices , Naigen Zhang Oct 1997

Intellectual Property Law Enforcement In China: Trade Issues, Policies And Practices , Naigen Zhang

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Wto, Wipo & The Internet: Confounding The Borders Of Copyright And Neighboring Rights, Susan A. Mort Oct 1997

The Wto, Wipo & The Internet: Confounding The Borders Of Copyright And Neighboring Rights, Susan A. Mort

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Lanham Act And Deceptive Trade Practice Claims Arising Under State Professional Licensure Laws, John L. Reed Oct 1997

Lanham Act And Deceptive Trade Practice Claims Arising Under State Professional Licensure Laws, John L. Reed

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Keep It Real: A Call For A Broader Quality Control Requirement In Trademark Law , Noah D. Genel Oct 1997

Keep It Real: A Call For A Broader Quality Control Requirement In Trademark Law , Noah D. Genel

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Price Discrimination, Personal Use And Piracy: Copyright Protection Of Digital Works, Michael J. Meurer Oct 1997

Price Discrimination, Personal Use And Piracy: Copyright Protection Of Digital Works, Michael J. Meurer

Buffalo Law Review

No abstract provided.


Forum On Attorney's Fees In Copyright Cases: Are We Running Through The Jungle Now Or Is The Old Man Still Stuck Down The Road?, Paul Marcus, David Nimmer Oct 1997

Forum On Attorney's Fees In Copyright Cases: Are We Running Through The Jungle Now Or Is The Old Man Still Stuck Down The Road?, Paul Marcus, David Nimmer

William & Mary Law Review

No abstract provided.


Eli Lilly & Co. V. American Cyanamid Co.: A "Patent Case" Of Dangerous Dicta In The Federal Circuit?, Nancy J. Flint Oct 1997

Eli Lilly & Co. V. American Cyanamid Co.: A "Patent Case" Of Dangerous Dicta In The Federal Circuit?, Nancy J. Flint

University of Miami Law Review

No abstract provided.


Introduction: Fifth Annual Conference On International Intellectual Property Law And Policy, John D. Feerick Oct 1997

Introduction: Fifth Annual Conference On International Intellectual Property Law And Policy, John D. Feerick

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Pharmaceuticals: Test Bed For European Themes On Trademarks And The Free Movement Of Goods, Ian S. Forrester, Anne N. Nielson Oct 1997

Pharmaceuticals: Test Bed For European Themes On Trademarks And The Free Movement Of Goods, Ian S. Forrester, Anne N. Nielson

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Morphing Of Property Rules And Liabilty Rules: An Intellectual Property Optimist Examines Article 9 And Bankruptcy, Shubha Ghosh Oct 1997

The Morphing Of Property Rules And Liabilty Rules: An Intellectual Property Optimist Examines Article 9 And Bankruptcy, Shubha Ghosh

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


On Global Patent Cooperation, Pauline Newman Oct 1997

On Global Patent Cooperation, Pauline Newman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Listen To Cass County Music: The Right To Jury Trials In Copyright Infringement Actions When Statutory Damages Are Elected, Megan E. Ward Sep 1997

Listen To Cass County Music: The Right To Jury Trials In Copyright Infringement Actions When Statutory Damages Are Elected, Megan E. Ward

Washington and Lee Law Review

No abstract provided.


1996 Patent Law Decisions Of The Federal Circuit , Michael L. Leetzow, Jeffrey A. Berkowitz, Kenneth E. Horton, Robert L. Burns, Lionel M. Levenue, Maria L. Maebius Aug 1997

1996 Patent Law Decisions Of The Federal Circuit , Michael L. Leetzow, Jeffrey A. Berkowitz, Kenneth E. Horton, Robert L. Burns, Lionel M. Levenue, Maria L. Maebius

American University Law Review

No abstract provided.


Patent Claim Interpretation After Markman: How The Federal Circuit Interprets Claims , John M. Romary, Arie M. Michelson Aug 1997

Patent Claim Interpretation After Markman: How The Federal Circuit Interprets Claims , John M. Romary, Arie M. Michelson

American University Law Review

No abstract provided.


The Author Effect After The "Death Of The Author": Copyright In A Postmodern Age, Elton Fukumoto Jul 1997

The Author Effect After The "Death Of The Author": Copyright In A Postmodern Age, Elton Fukumoto

Washington Law Review

Copyright law employs terms and concepts, such as "originality" and "authorship," which the Romantic movement developed. Post-structuralism and Postmodernism, influential intellectual and artistic trends, have attacked the "author" concept by undermining its philosophical foundations. But when Postmodem artists act in accordance with their anti-author beliefs, they expose themselves to liability for copyright infringement. Recent copyright cases illustrate the courts' not entirely satisfactory response to the artistic appropriation of previous works. This Comment suggests that the courts read a pastiche exception, broader than the current exception for parody, into the fair use defense for copyright infringement.


Giving Credit Where Credit Is Due: Revisiting The Doctrine Of Reverse Passing Off In Trademark Law, John T. Cross Jul 1997

Giving Credit Where Credit Is Due: Revisiting The Doctrine Of Reverse Passing Off In Trademark Law, John T. Cross

Washington Law Review

During the past twenty years, courts have increasingly come to accept a cause of action for "reverse passing off." Unlike the more typical case of passing off, reverse passing off occurs when a defendant sells a product manufactured by a plaintiff under the defendant's own mark. Despite this difference, courts regularly invoke federal and state trademark laws, including the Lanham Act, to give the plaintiff a right to recover. This Article challenges that conclusion. It argues that the Lanham Act does not actually support a cause of action against a defendant who engages in reverse passing off. In addition, most …


Patent Term Extension Of Pharmaceuticals In Japan: So You Say You Want To Rush That Generic Drug To Market In Japan . . . Good Luck!, William T. Christiansen Ii Jul 1997

Patent Term Extension Of Pharmaceuticals In Japan: So You Say You Want To Rush That Generic Drug To Market In Japan . . . Good Luck!, William T. Christiansen Ii

Washington International Law Journal

With the passage of the Drug Price Competition Act of 1984 in the United States, the recent German Supreme Court decision allowing for experimental use of patented pharmaceuticals, and indirectly through the adoption of the Supplemental Protection Certificate in Europe, Japan seems to be the lone large pharmaceutical market which does not allow in some way for the experimental use of patented drugs to gain regulatory approval for a generic equivalent. Japanese generic pharmaceutical manufacturers had, until recently, operated under the assumption that the testing of a generic equivalent to a patented drug to gain regulatory approval was allowable as …


Intellectual Property In The Western Hemisphere, Robert M. Sherwood Jul 1997

Intellectual Property In The Western Hemisphere, Robert M. Sherwood

University of Miami Inter-American Law Review

No abstract provided.


The Future Of Information Commerce Under Contemporary Contract And Copyright Principles , Stephen P. Tarolli Jun 1997

The Future Of Information Commerce Under Contemporary Contract And Copyright Principles , Stephen P. Tarolli

American University Law Review

No abstract provided.