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Full-Text Articles in Law
Internet Service Provider Liability For Contributory Trademark Infringement After Gucci, Gregory C. Walsh
Internet Service Provider Liability For Contributory Trademark Infringement After Gucci, Gregory C. Walsh
Duke Law & Technology Review
[I]f a manufacturer or distributor intentionally induces another to infringe a trademark, or if it continues to supply its product to one whom it knows or has reason to know is engaging in trademark infringement, the manufacturer or distributor is contributorially responsible for any harm done as a result of the deceit.
The Extraterritorial Reach Of Trademarks On The Internet, Yelena Simonyuk
The Extraterritorial Reach Of Trademarks On The Internet, Yelena Simonyuk
Duke Law & Technology Review
The advent of the Internet means incredible opportunity for global interaction. Consumers in Asia can buy from a small business in Louisiana, and businesses can advertise to a much wider market for a fraction of the cost of traditional media. But these benefits come with a dilemma: what to do about trademark infringement on the Internet. In a virtual world with no borders, what (and where) is the law?
An Interview With Caspar Bowden, Joseph Goodman
An Interview With Caspar Bowden, Joseph Goodman
Duke Law & Technology Review
Caspar Bowden (cb@fipr.org) is the author of a recent DLTR article, Closed Circuit Television for Inside Your Head: Blanket Traffic Data Retention and the EmergencyAnti-Terrorism Legislation. He is the Director of the Foundation for Information Policy Research (http://www.fipr.org), an independent non-profit think-tank that undertakes research on the interaction between information technology and society, technical developments with significant social impact, and public policy alternatives. He was formerly a consultant specializing in Internet security and e-commerce, senior researcher of an option-arbitrage trading firm, a financial strategist with Goldman Sachs, and chief algorithm designer for a virtual reality software house. We interviewed Mr. …
Court Gives Thumbs-Up For Use Of Thumbnail Pictures Online, Kelly Donohue
Court Gives Thumbs-Up For Use Of Thumbnail Pictures Online, Kelly Donohue
Duke Law & Technology Review
In the online world, where intellectual property rights can be violated with the simple click of a mouse, innovation sometimes finds itself engaged in a game of chicken with the law. Recently, online-photo-search engine Ditto.com played just such a game, taking their fight to the Ninth Circuit Court of Appeals. The Ninth Circuit's holding protects Ditto.com's use of copyrighted photos as transformative fair use. But the holding also addresses inline linking and framing, warning that they can violate copyright even in the face of a fair use.
Universal City Studios, Inc. V. Corley: The Constitutional Underpinnings Of Fair Use Remain An Open Question, Harry Mihet
Universal City Studios, Inc. V. Corley: The Constitutional Underpinnings Of Fair Use Remain An Open Question, Harry Mihet
Duke Law & Technology Review
At first blush, the Copyright Clause and the First Amendment of the United States Constitution appear to serve conflicting interests and to exist in irrevocable tension. On one hand, the Copyright Clause grants authors "the exclusive Right to their respective Writings and Discoveries," thereby prohibiting others from utilizing certain forms of expression. On the other hand, the First Amendment prohibits Congress from "abridging the freedom of speech" and expression. ;Thus, by simultaneously prohibiting the use of another's expression and safeguarding expression, the two provisions appear to be on a constitutional collision course.