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- Copyright (8)
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- Intellectual property (4)
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- Diamond v. Chakrabarty (2)
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- Trademark law (2)
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- A primer (1)
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- Publication
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- UC Law SF Communications and Entertainment Journal (25)
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Articles 61 - 90 of 96
Full-Text Articles in Law
Trade Dress Protection For Product Configurations And The Federal Right To Copy, Margareth Barrett
Trade Dress Protection For Product Configurations And The Federal Right To Copy, Margareth Barrett
UC Law SF Communications and Entertainment Journal
No abstract provided.
Censorship In Chinese Cinema, Mary Lynne Calkins
Censorship In Chinese Cinema, Mary Lynne Calkins
UC Law SF Communications and Entertainment Journal
With any film or play produced in China receiving close government scrutiny at each step of production, this article examines censorship in Chinese cinema in an attempt to make sense of a tradition of sometimes seemingly arbitrary decisions by the authorities. Film, as a particularly visible and communicative media, is particularly subject to governmental interference, and the Chinese government has exploited that vulnerability to the fullest. This article attempts to demonstrate that China takes a similar approach to film censorship as it does to contracts, in the sense that censorship involves continual "negotiations" rather than binding agreement, and in the …
Procd, Inc. V. Zeidenberg And Article 2b: Finally, The Validation Of Shrink-Wrap Licenses, 16 J. Marshall J. Computer & Info. L. 439 (1998), Joseph C. Wang
Procd, Inc. V. Zeidenberg And Article 2b: Finally, The Validation Of Shrink-Wrap Licenses, 16 J. Marshall J. Computer & Info. L. 439 (1998), Joseph C. Wang
UIC John Marshall Journal of Information Technology & Privacy Law
In ProCD, Inc. v. Zeidenberg, the Seventh Circuit validated a licensor's shrink-wrap license. This court was one of the first courts to validate such licenses. The case involved a graduate student, Zeidenberg, who purchased ProCD's telephone directory software program which contained the shrink-wrap license at issue. After Zeidenberg took the software home, he downloaded the information in the software into his computer and put the information onto a website, despite the language on the computer screen prohibiting such dissemination of the software's contents. Then, Zeidenberg allowed Internet users to use his website to access the directory originally located on the …
Who Owns The Web Site?: The Ultimate Question When A Hiring Party Has A Falling-Out With The Web Site Designer, 16 J. Marshall J. Computer & Info. L. 857 (1998), Rinaldo Del Gallo Iii
Who Owns The Web Site?: The Ultimate Question When A Hiring Party Has A Falling-Out With The Web Site Designer, 16 J. Marshall J. Computer & Info. L. 857 (1998), Rinaldo Del Gallo Iii
UIC John Marshall Journal of Information Technology & Privacy Law
The question is "Who owns your web site?" This question is difficult to answer absent a copyright assignment clause since no one knows who the owner of the web site is under current law. There are several problems that occur when a web designer is placed in a position against the hiring party in determining ownership rights to a web site. It is important to distinguish ownership rights to a web site, since most contractual agreements between a web site designer and a hiring party do not address this issue. Every day, hundreds of new web sites are appearing and …
Everybody's Got Something To Hide Except Me And My Patented Monkey: Patentability Of Cloned Organisms, 16 J. Marshall J. Computer & Info. L. 971 (1998), Timothy G. Hofmeyer
Everybody's Got Something To Hide Except Me And My Patented Monkey: Patentability Of Cloned Organisms, 16 J. Marshall J. Computer & Info. L. 971 (1998), Timothy G. Hofmeyer
UIC John Marshall Journal of Information Technology & Privacy Law
The advent of patent protection for genetically engineered inventions occurred in 1980 with the landmark Supreme Court decision in Diamond v. Chakrabarty. Following the lead of the Supreme Court, the Patent and Trademark Office ("PTO"), in 1987, issued a new regulatory ruling that expanded the PTO's statutory interpretation of 35 U.S.C. § 101 patentable subject matter to include devices based upon nonnatural occurring manufacture or composition of matter resulting from some level of human intervention in the modification of nonhuman organisms. One year following the PTO proclamation, the first patent for a transgenic animal issue to Professors Leder and Stewart …
Lost In Cyberspace: The Digital Demise Of The First-Sale Doctrine, 16 J. Marshall J. Computer & Info. L. 825 (1998), Keith Kupferschmid
Lost In Cyberspace: The Digital Demise Of The First-Sale Doctrine, 16 J. Marshall J. Computer & Info. L. 825 (1998), Keith Kupferschmid
UIC John Marshall Journal of Information Technology & Privacy Law
The Internet offers a means to create, copy and distribute copyrighted works of a quality and in a volume that was simply unknown before the World Wide Web was developed. A single Web page can be viewed by any of the millions of people with Internet access anywhere around the world, and "viewed" in terms of the Internet necessarily means "copied." This presents a problem when considered in the light of the First-Sale doctrine, which is part and parcel of § 109 of the Copyright Act. The doctrine allows a person to make a single copy of a copyrighted work …
The New World Of International Trademark Law, Marshall A. Leaffer
The New World Of International Trademark Law, Marshall A. Leaffer
Marquette Intellectual Property Law Review
Professor Leaffer discusses how the globalization process has forced evolution of international norms and favorably changed the face of trademark law. Professor Leaffer reviews the new developments in major treaties, the Madrid Protocol and the Trademark Law Treaty, and regional treaties, such as the new Community Trademark, and how they continue to build upon the progress of the Paris Convention toward harmonization in the world of international trademark law. Professor Leaffer explains that the benefits from the trend toward harmonization will be enjoyed not only by trademark owners, but also by consumers whose welfare will be enhanced by harmonization.
Trade Secrets And The New Realities Of The Internet Age, Ari B. Good
Trade Secrets And The New Realities Of The Internet Age, Ari B. Good
Marquette Intellectual Property Law Review
The author discusses the risks of industrial espionage and the misappropriation of trade secrets in view of the explosive growth of the internet. Good examines the legal challenges facing the evolution of trade secret law and proposes measures that will promote continued protection of proprietary information.
Trademark Harmonization: Norms, Names & Nonsense, Kenneth L. Port
Trademark Harmonization: Norms, Names & Nonsense, Kenneth L. Port
Marquette Intellectual Property Law Review
Professor Port provides a comment on Marshall A. Leaffer's article that offers another viewpoint on the important issue of the globalization process and trademark law. Rather than seeking ideals of international trademark laws through harmonization, Professor Port suggests that a better objective is internationalization. Professor Port explains that harmonization of international trademark law will be impossible as long as world communities adhere to territorial justifications for sovereignty and jurisdiction. Because goods flow in the reality of an international market, Professor Port reasons that initiatives to avoid inefficiencies and uncertainties of global trademark laws should be directed toward internationalization.
The Smell Of Success: Trade Dress Protection For Scent Marks, Faye M. Hammersley
The Smell Of Success: Trade Dress Protection For Scent Marks, Faye M. Hammersley
Marquette Intellectual Property Law Review
The author discusses the implications of the United States Patent and Trademark Trial and Appeal Board decision In re Clarke, where the Patent and Trademark Office first issued trademark registration for a fragrance. Hammersley discusses expanding trade dress protection to include scents, the positive aspects of scent protection, and the potential of registering scents under current legal standards.
No Protection, No Progress For Graphical User Interfaces, Jane M. Rolling
No Protection, No Progress For Graphical User Interfaces, Jane M. Rolling
Marquette Intellectual Property Law Review
The Author examines the courts' reluctance to grant intellectual property protection to graphic user interfaces, the visual elements of computer software. Rolling suggests that software manufacturers should seek trade dress protection of graphic user interfaces.
"Gathering His Beames With A Christall Glass": The Intellectual Property Jurisprudence Of Stephen G. Breyer, Gordon R. Shea
"Gathering His Beames With A Christall Glass": The Intellectual Property Jurisprudence Of Stephen G. Breyer, Gordon R. Shea
Marquette Intellectual Property Law Review
Focusing on Qualitex v. Jacobs Products, an opinion authored by Supreme Court Justice Breyer that extends trademark protection to colors, the Author examines Justice Breyer's attitude toward intellectual property law, how Justice Breyer's views were extended in Qualitex, and how Justice Breyer's views may affect intellectual property law in the future.
Information Vs. Commercialization: The Internet And Unsolicited Electronic Mail, Karin Mika
Information Vs. Commercialization: The Internet And Unsolicited Electronic Mail, Karin Mika
Richmond Journal of Law & Technology
In November of 1996, the District Court of Eastern Pennsylvania allowed America Online to prohibit a business from using the Internet for sending bulk, unsolicited electronic mail.[1] The decision highlighted some intriguing issues related to how the Internet interacts with the current legal framework and how legal standards that have adequately encompassed most business uses for emerging technologies are not a perfect fit for issues related to the Internet. This article will focus on the current struggle to fit the Internet into some type of existing legal framework, especially with respect to Internet business uses. It will focus primarily on …
The Defense Of "Fair Use": A Primer, Alan J. Hartnick
The Defense Of "Fair Use": A Primer, Alan J. Hartnick
Touro Law Review
No abstract provided.
Transforming Trade Secret Theft Violations Into Federal Crimes: The Economic Espionage Act, Lorin L. Reisner
Transforming Trade Secret Theft Violations Into Federal Crimes: The Economic Espionage Act, Lorin L. Reisner
Touro Law Review
No abstract provided.
A Wayward Notion In New York’S Law: The Unique Employee Rationale For Enforcing Non-Competes, Steven M. Kayman, John Siegel
A Wayward Notion In New York’S Law: The Unique Employee Rationale For Enforcing Non-Competes, Steven M. Kayman, John Siegel
Touro Law Review
No abstract provided.
A New Program For Action: Strengthening The Standards For Noncommercial Educational Licensees, Randi M. Albert
A New Program For Action: Strengthening The Standards For Noncommercial Educational Licensees, Randi M. Albert
UC Law SF Communications and Entertainment Journal
This article explores the history of noncommercial television and radio broadcasting, and evaluates the utility and efficacy of the FCC's current standards for determining when broadcasting qualifies as "noncommercial" and is eligible for benefits concomitant with this status. Professor Albert posits that, in order to effectively evaluate the existence of a commercial/noncommercial broadcast distinction at all, one must look at the development of the law in this area and determine whether the current rules are serving their stated function. To this end, the article traces the history of noncommercial broadcasting and explicates the purpose for such a status. It also …
Keeping The World Safe From Naked-Chicks-In-Art Refigerator Magnets: The Plot To Control Art Images In The Public Domain Through Copyrights In Photographic And Digital Reproductions, Kathleen Connolly Butler
Keeping The World Safe From Naked-Chicks-In-Art Refigerator Magnets: The Plot To Control Art Images In The Public Domain Through Copyrights In Photographic And Digital Reproductions, Kathleen Connolly Butler
UC Law SF Communications and Entertainment Journal
This article addresses an emerging and significant problem in the realm of copyright and art law: the control of public domain art images through the copyright of photographic and digital reproductions. This problem occurs since galleries or collections have control over the duplication of fine art images by the public and have used this control to generate exclusive reproductions of the art, which, under present law, are copyrightable themselves, precluding public use of these images of concededly public domain art. Professor Butler argues that this de facto control over art which is rightfully in the public domain both gives economic …
A Review Of Copyright And The Internet, Needham J. Boddie Ii, Thomas C. Mcthenia Jr., Fred B. Amos Ii, Douglas W. Kim
A Review Of Copyright And The Internet, Needham J. Boddie Ii, Thomas C. Mcthenia Jr., Fred B. Amos Ii, Douglas W. Kim
Campbell Law Review
No abstract provided.
Fair Use And Educational Copying: A Reexamination Of Princeton University Press V. Michigan Document Services, Inc., Gilbert Busby
Fair Use And Educational Copying: A Reexamination Of Princeton University Press V. Michigan Document Services, Inc., Gilbert Busby
Kentucky Law Journal
No abstract provided.
Piracy Of Intellectual Property In China And The Former Soviet Union And Its Effects Upon International Trade: A Comparison, Susan Tiefenbrun
Piracy Of Intellectual Property In China And The Former Soviet Union And Its Effects Upon International Trade: A Comparison, Susan Tiefenbrun
Buffalo Law Review
No abstract provided.
The Unauthorized Dissemination Of Celebrity Images On The Internet ... In The Flesh, Navin Katyal
The Unauthorized Dissemination Of Celebrity Images On The Internet ... In The Flesh, Navin Katyal
Cleveland State Law Review
This paper will explore and analyze the unauthorized use and dissemination of celebrity images over the Internet as a violation of the copyrights of either the celebrity themselves, or the cinematographic' rights of the film production studio(s). The analysis will focus on the Copyright Act of both Canada and the United States and will be covered in three parts. Part I will define the basic nomenclature of the Internet and explain the applicability of copyright law to the Internet. Part II will focus on methods in which the celebrity and film studio can protect their copyright 'On-line' through the American-defined …
Determining The Scope Of A Copyright Owner's Right To Bar Imports: L'Anza Research International, Inc. V. Quality King Distributors, Maureen M. Cyr
Determining The Scope Of A Copyright Owner's Right To Bar Imports: L'Anza Research International, Inc. V. Quality King Distributors, Maureen M. Cyr
Washington Law Review
In L'Anza Research International, Inc. v. Quality King Distributors, the Ninth Circuit held that a copyright owner's right to bar imports is not limited by the first sale doctrine, which ordinarily prohibits a copyright owner from controlling the further distribution of copies after the copyright owner has consented to their sale. This Note examines the importation right in light of the purposes of the Copyright Act's distribution and first sale provisions, congressional intent behind the importation right, and the underlying purposes of copyright law. The Note argues that the first sale doctrine properly limits a copyright owner's right to …
Signposts To Oblivion? Meta-Tags Signal The Judiciary To Stop Commercial Internet Regulation And Yield To The Electronic Marketplace, Craig K. Weaver
Signposts To Oblivion? Meta-Tags Signal The Judiciary To Stop Commercial Internet Regulation And Yield To The Electronic Marketplace, Craig K. Weaver
Seattle University Law Review
The focus of this Comment is not merely to analyze the role of the judiciary in Meta-Tag litigation specifically, but also to use Meta- Tags as a lens with which to examine the potential effect of judicial activism on Internet commerce in general. The first portion of this analysis focuses on the applicability of federal trademark infringement and dilution laws in Meta-Tag abuse suits. The next portion of the article evaluates why market regulation of Meta-Tag abuse is the correct course of action, in the short-term, for ensuring the growth of electronic commerce. The article concludes with a description of …
Einstein's Hair, Jonathan A. Franklin
Einstein's Hair, Jonathan A. Franklin
Michigan Journal of International Law
Review of From Privacy Toward a New Intelletual Property Right in Persona: The Right of Publicity (United States) and Portrait Law (Netherlands) Balanced with Freedom of Speech and Free Trade Principles by Julius C.S. Pinckaers
Matthew Bender & (And) Co. V. West Publishing Co.: The End Of West's Legal Publishing Empire, Vito Petretti
Matthew Bender & (And) Co. V. West Publishing Co.: The End Of West's Legal Publishing Empire, Vito Petretti
Villanova Law Review
No abstract provided.
Choosing Law In Cyberspace: Copyright Conflicts On Global Networks, Andreas P. Reindl
Choosing Law In Cyberspace: Copyright Conflicts On Global Networks, Andreas P. Reindl
Michigan Journal of International Law
This article contends that in the digital era, the current system of national, territorially limited copyright laws requires a flexible copyright choice of law regime. To promote certainty and predictability in the choosing of the copyright law applicable to acts of exploitation, choice of law rules should use the location of a user as the principal factor to determine the applicable copyright law. In appropriate circumstances, the choice of law rules should allow the application of a multitude of national copyright laws to single acts of use on digital networks. This article also argues that a broad application of flexible …
The Chinese System Of Administrative Protection For Pharmaceuticals, 31 J. Marshall L. Rev. 1165 (1998), J. Michael Warner, Han Xiaoquing
The Chinese System Of Administrative Protection For Pharmaceuticals, 31 J. Marshall L. Rev. 1165 (1998), J. Michael Warner, Han Xiaoquing
UIC Law Review
No abstract provided.
Foreword: "Article Of Manufacture" Patent Claims For Computer Instruction, 17 J. Marshall J. Computer & Info. L. 1 (1998), Allen B. Wagner
Foreword: "Article Of Manufacture" Patent Claims For Computer Instruction, 17 J. Marshall J. Computer & Info. L. 1 (1998), Allen B. Wagner
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.