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- Copyright (4)
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- 131 S. Ct. 2780 (2011) (1)
- 131 S. Ct. 2846 (2011) (1)
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- 282 P. 3d 867 (Or. 2012) (1)
- 326 U.S. 310 (1945) (1)
- 355 U.S. 220 (1957) (1)
- 357 U.S. 235 (1958) (1)
- 433 U.S. 186 (1977) (1)
- 436 U.S. 84 (1978) (1)
- 465 U.S. 783 (1984) (1)
- 47 F. Supp. 2d 812 (E.D. Tex. 1999) (1)
- 480 U.S. 102 (1987) (1)
- 95 U.S. 714 (1877) (1)
- Accountability for foreign defendants (1)
- Aereo (1)
- Aesthetic (1)
- Amazon (1)
- Amazon.com International Sales v. Austro-Mechana (1)
- Appropriation Art (1)
- Art (1)
- Asahi Metal Industry Co. Ltd v. Superior Court (1)
- Berne Convention (1)
- Calder v. Jones (1)
- Calder-effect jurisdiction (1)
- Cole v. Tobacco Institute (1)
- Communications (1)
- Consumer (1)
- Continuous commercial impression (1)
Articles 1 - 9 of 9
Full-Text Articles in Law
Surfing For Protection: Why Websites Should Be Categorically Excluded From Trade Dress Protection, Matt Mikels
Surfing For Protection: Why Websites Should Be Categorically Excluded From Trade Dress Protection, Matt Mikels
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
No abstract provided.
Guarding Against Abuse: The Costs Of Excessively Long Copyright Terms, Derek Khanna
Guarding Against Abuse: The Costs Of Excessively Long Copyright Terms, Derek Khanna
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
No abstract provided.
Judicial Speculation On Consumer Impression: The Pitfalls Of Measuring Trademark Tacking As A Question Of Law, Megan Majcher Hartnett
Judicial Speculation On Consumer Impression: The Pitfalls Of Measuring Trademark Tacking As A Question Of Law, Megan Majcher Hartnett
Catholic University Law Review
Trademark tacking allows a mark owner to adjust her mark without losing protection. The test for determining whether tacking is appropriate is whether the new mark is the legal equivalent of the old. This equivalency is measured by evaluating the continuing commercial impression created by the marks. A circuit split has developed over whether this test is a question of law or a question of fact. This Comment argues that the continuing commercial impression test is ill-suited to be measured as a question of law. Initially, this Comment focuses on how commercial impression is a fact-based inquiry and should be …
Aereo: Cutting The Cord Or Splitting The Circuit?, Julie Borna
Aereo: Cutting The Cord Or Splitting The Circuit?, Julie Borna
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
No abstract provided.
The Positive And Negative Consequences Of The European Union Court Of Justice's Amazon Decision On International Private Copying And America, Jaclyn Kavendek
The Positive And Negative Consequences Of The European Union Court Of Justice's Amazon Decision On International Private Copying And America, Jaclyn Kavendek
Catholic University Law Review
No abstract provided.
The Narrowest And Most Obvious Limits: Applying Fair Use To Appropriation Art Economically Using A Royalty System, Brittani Everson
The Narrowest And Most Obvious Limits: Applying Fair Use To Appropriation Art Economically Using A Royalty System, Brittani Everson
Catholic University Law Review
No abstract provided.
Trademarks And Transducers: The First Circuit Court Of Appeals Decides On The Standard Of Proof Required To Show Willful Infringement In Lanham Act Cases, Peter Karalis
Catholic University Law Review
No abstract provided.
In Personam And Beyond The Grasp: In Search Of Jurisdiction And Accountability For Foreign Defendants, Andrew F. Popper
In Personam And Beyond The Grasp: In Search Of Jurisdiction And Accountability For Foreign Defendants, Andrew F. Popper
Catholic University Law Review
No abstract provided.
The Sound Recording Performance Rights At A Crossroads: Will Market Rates Prevail?, Jeffrey A. Eisenach
The Sound Recording Performance Rights At A Crossroads: Will Market Rates Prevail?, Jeffrey A. Eisenach
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
Starting in the 1990s, Federal policy has moved in the direction of a market-oriented approach towards sound recording rights, beginning with Congress’ decision to create a sound recording performance copyright in 1995. In 1998, Congress provided that most statutory royalty rates, including the rates paid by webcasters like Pandora Radio, would be set using a market-based “willing buyer, willing seller” (“WBWS”) standard. Since then, the WBWS standard has been applied in several rate setting proceedings, but complaints from webcasters that the rates were “too high” have led to Congressional intervention and, ultimately, to adoption of rates below market levels. Now, …