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Full-Text Articles in Law

Pest Or Guest, Friend Or Foe? Reframing The "Hard Look" Doctrine's Role In Environmental Pesticide Policy, James J. Burke Feb 2024

Pest Or Guest, Friend Or Foe? Reframing The "Hard Look" Doctrine's Role In Environmental Pesticide Policy, James J. Burke

Villanova Environmental Law Journal

No abstract provided.


No Need To Reinvent The Wheel: The Positive Relationship Between Green Technology And Patent Enforcement, Addison S. Fowler Feb 2024

No Need To Reinvent The Wheel: The Positive Relationship Between Green Technology And Patent Enforcement, Addison S. Fowler

Villanova Environmental Law Journal

No abstract provided.


Lighting The Fuses: The Third Circuit Loads A Volley Against Interface Copyright Ability In Pyrotechnics V. Xfx, Ryan Graham Dec 2023

Lighting The Fuses: The Third Circuit Loads A Volley Against Interface Copyright Ability In Pyrotechnics V. Xfx, Ryan Graham

Villanova Law Review

No abstract provided.


Taking Bytes: Sound Recordings, Digital Sampling, And The De Minimis Exception, Elizabeth C. Vista Feb 2023

Taking Bytes: Sound Recordings, Digital Sampling, And The De Minimis Exception, Elizabeth C. Vista

Villanova Law Review

No abstract provided.


Joyriding With Peloton: How Virtual Fitness Classes Can Violate Federal Copyright Law, Mary Katherine Raczka Apr 2022

Joyriding With Peloton: How Virtual Fitness Classes Can Violate Federal Copyright Law, Mary Katherine Raczka

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


The Secret's Out: The Third Circuit Clarifies Pennsylvania Trade Secret Law In Advanced Fluid Systems, Inc. V. Huber, Joseph Yenerall Dec 2021

The Secret's Out: The Third Circuit Clarifies Pennsylvania Trade Secret Law In Advanced Fluid Systems, Inc. V. Huber, Joseph Yenerall

Villanova Law Review

No abstract provided.


"Recognized Stature" Revisited: Could "Community Standards" Rescue Restrictive "Recognized Stature" Definition In Castillo V. G&M Realty L.P.?, Caitlin M. Mcgrail Sep 2021

"Recognized Stature" Revisited: Could "Community Standards" Rescue Restrictive "Recognized Stature" Definition In Castillo V. G&M Realty L.P.?, Caitlin M. Mcgrail

Villanova Law Review

No abstract provided.


How Can A Departing Employee Misappropriate Their Own Creative Outputs?, Timothy Murphy Sep 2021

How Can A Departing Employee Misappropriate Their Own Creative Outputs?, Timothy Murphy

Villanova Law Review

No abstract provided.


The Unfranchised Competitor Doctrine, John Greil Jul 2021

The Unfranchised Competitor Doctrine, John Greil

Villanova Law Review

No abstract provided.


Bargaining For Innovation, Elizabeth Winston Apr 2021

Bargaining For Innovation, Elizabeth Winston

Villanova Law Review

No abstract provided.


Indoor Rock Climbing: The Nuts And Bolts Of Routesetting Copyright Protection Post-Star Athletica, Julie Tamerler Feb 2021

Indoor Rock Climbing: The Nuts And Bolts Of Routesetting Copyright Protection Post-Star Athletica, Julie Tamerler

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


When The Ink Dries, Whose Tatt Is It Anyway? The Copyrightability Of Tattoos, Chandel Boozer Aug 2018

When The Ink Dries, Whose Tatt Is It Anyway? The Copyrightability Of Tattoos, Chandel Boozer

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


The Devil Wears Nada: How The Current Statutory Damages System For Counterfeit Trademarks As Demonstrated In Chanel, Inc. V. Matos Is Out Of Style, Lauren Matturri Jul 2017

The Devil Wears Nada: How The Current Statutory Damages System For Counterfeit Trademarks As Demonstrated In Chanel, Inc. V. Matos Is Out Of Style, Lauren Matturri

Villanova Law Review

No abstract provided.


Normalizing Copyright In The Electronic Environment, Vicenç Feliú Oct 2016

Normalizing Copyright In The Electronic Environment, Vicenç Feliú

Villanova Law Review

No abstract provided.


A Changing Game: Challenging The Status Quo In Sports Law, Andrew Brandt, David Falk, Jusin Tuck, David Apfel Jun 2016

A Changing Game: Challenging The Status Quo In Sports Law, Andrew Brandt, David Falk, Jusin Tuck, David Apfel

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Brands As Copyright, Jessica M. Kiser Apr 2016

Brands As Copyright, Jessica M. Kiser

Villanova Law Review

No abstract provided.


Third Circuit Takes The Wind Out Of Frivolous Litigators' Sails In Fair Wind Sailing, Inc. V. Dempster, Travis Dunkelberger Jan 2016

Third Circuit Takes The Wind Out Of Frivolous Litigators' Sails In Fair Wind Sailing, Inc. V. Dempster, Travis Dunkelberger

Villanova Law Review

No abstract provided.


"Whose" Game Is It? Sports-Wagering And Intellectual Property, Ryan M. Rodenberg, Anastasios Kaburakis, John T. Holden Sep 2014

"Whose" Game Is It? Sports-Wagering And Intellectual Property, Ryan M. Rodenberg, Anastasios Kaburakis, John T. Holden

Villanova Law Review

No abstract provided.


Score A Touchdown, Kiss Your Tattoo, And Get Sued For Copyright Infringement?, Darren A. Heitner, Alan Wilmot Aug 2014

Score A Touchdown, Kiss Your Tattoo, And Get Sued For Copyright Infringement?, Darren A. Heitner, Alan Wilmot

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Functionality And Graphical User Interface Design Patents, Michael Risch Jan 2014

Functionality And Graphical User Interface Design Patents, Michael Risch

Working Paper Series

Modern designers of graphical user interfaces, or GUIs, have obtained design patent protection for creative computer software displays, a realm previously limited to copyright. The difference in protection is important because design patents do not traditionally allow the same defenses - life fair use - associated with copyright. Apple's nearly billion dollar judgment against Samsung, which included such a GUI patent, brought this issue to the forefront.

This article answers three emerging questions:

1. Aren't GUIs something that should be protected by copyright only? Why should there be a patent? The answer is relatively simple: the law has, since 1870, …


Patent Portfolios As Securities, Michael Risch Sep 2013

Patent Portfolios As Securities, Michael Risch

Working Paper Series

Companies of all types are buying, selling, and licensing patents - not just one patent, but many patents bundled into large portfolios. A primary problem with these transactions is that the market is illiquid: parties cannot identify holders of relevant portfolios, they cannot agree on the value of the portfolio, and the specter of litigation taints every negotiation.

This article presents a new way to improve market formation and integrity by proposing that patent portfolios be treated as securities. If patent portfolio transactions are treated like stock transactions, sellers steering clear of fraud laws may be forced to disclose information …


Stretching Copyright To Its Limit: On The Copyrightability Of Yoga And Other Sports Movements In Light Of The U.S. Copyright Office's New Characterization Of Compilations, Alexander Bussey Jan 2013

Stretching Copyright To Its Limit: On The Copyrightability Of Yoga And Other Sports Movements In Light Of The U.S. Copyright Office's New Characterization Of Compilations, Alexander Bussey

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Enough Is Enough: The Case For Federal Regulation Of Sports Agents, James Masteralexis, Lisa Masteralexis, Kevin Snyder Jan 2013

Enough Is Enough: The Case For Federal Regulation Of Sports Agents, James Masteralexis, Lisa Masteralexis, Kevin Snyder

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


The Right Of Publicity In New York And California: A Critical Analysis, Paul Czarnota Jan 2012

The Right Of Publicity In New York And California: A Critical Analysis, Paul Czarnota

Jeffrey S. Moorad Sports Law Journal

The article provides an analysis of the right of publicity under the state laws of New York and California as of September 2012, focusing on the application of the laws to celebrities and the illegal use of their identities in advertising and trade. The New York right to publicity tort laws reportedly protect a celebrity's name, portrait, and voice from unauthorized use by third parties. The New York case Roberson v. Rochester Folding Box Co. is also mentioned.


The Same Song And Dance: F.B.T. Productions, Llc V. Aftermath Records And The Role Of Licenses In The Digital Age Of Copyright Law, John P. Uetz Jan 2012

The Same Song And Dance: F.B.T. Productions, Llc V. Aftermath Records And The Role Of Licenses In The Digital Age Of Copyright Law, John P. Uetz

Villanova Law Review

No abstract provided.


Did Learned Hand Get It Wrong?: The Questionable Patent Forfeiture Rule Of Metallizing Engineering, Dmitry Karshtedt Jan 2012

Did Learned Hand Get It Wrong?: The Questionable Patent Forfeiture Rule Of Metallizing Engineering, Dmitry Karshtedt

Villanova Law Review

No abstract provided.


Born To Be Used In The Usa: An Alternative Avenue For Evaluating Politicians' Unauthorized Use Of Original Musical Performances On The Campaign Trail, Matthew J. Cursio Jan 2011

Born To Be Used In The Usa: An Alternative Avenue For Evaluating Politicians' Unauthorized Use Of Original Musical Performances On The Campaign Trail, Matthew J. Cursio

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Transformation In Property And Copyright, Christopher M. Newman Jan 2011

Transformation In Property And Copyright, Christopher M. Newman

Villanova Law Review

No abstract provided.


New Business Models For Music, Henry H., Perritt Jr. Jan 2011

New Business Models For Music, Henry H., Perritt Jr.

Jeffrey S. Moorad Sports Law Journal

No abstract provided.


Paris Hilton Avoids Getting Slapped: The Application Of California's Anti-Slapp Statute To A Right Of Publicity Claim In Hilton V. Hallmark Cards, Lindsay C. Hanifan Jan 2011

Paris Hilton Avoids Getting Slapped: The Application Of California's Anti-Slapp Statute To A Right Of Publicity Claim In Hilton V. Hallmark Cards, Lindsay C. Hanifan

Jeffrey S. Moorad Sports Law Journal

No abstract provided.