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- Fordham Intellectual Property, Media and Entertainment Law Journal (31)
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Articles 1 - 30 of 178
Full-Text Articles in Law
Patentable Subject [Anti]Matter, Kristoffer Leftwich
Patentable Subject [Anti]Matter, Kristoffer Leftwich
Duke Law & Technology Review
The statements, "The laws of nature," "the principles of nature," "the fundamental truths," etc., are not patentable, have been oft repeated but seldom understandingly used. They have led to misunderstanding and much confusion, not limited to members of the bar. In fact, the words... are all words of broad and also elastic meaning and are frequently used carelessly and without any attempt at refined distinctions.
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.
Criminal Copyright Infringement, I. Trotter Hardy
Criminal Copyright Infringement, I. Trotter Hardy
William & Mary Bill of Rights Journal
No abstract provided.
Prior Restraints And Intellectual Property: The Clash Between Intellectual Property And The First Amendment From An Economic Perspective, Andrew Beckerman-Rodau
Prior Restraints And Intellectual Property: The Clash Between Intellectual Property And The First Amendment From An Economic Perspective, Andrew Beckerman-Rodau
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Understanding The Market For Celebrity: An Economic Analysis Of The Right Of Publicity, Vincent M. De Gradpre
Understanding The Market For Celebrity: An Economic Analysis Of The Right Of Publicity, Vincent M. De Gradpre
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Digital Millennium Copyright Act: Preserving The Traditional Copyright Balance, Christine Jeanneret
The Digital Millennium Copyright Act: Preserving The Traditional Copyright Balance, Christine Jeanneret
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
If Per Se Is Dying, Why Not In Tv Tying? A Case For Adopting The Rule Of Reason Standard In Television Block- Booking Arrangements, Nicole Labletta
If Per Se Is Dying, Why Not In Tv Tying? A Case For Adopting The Rule Of Reason Standard In Television Block- Booking Arrangements, Nicole Labletta
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Battle Of The Music Industry: The Distribution Of Audio And Video Works Via The Internet, Music And More, David Balaban
The Battle Of The Music Industry: The Distribution Of Audio And Video Works Via The Internet, Music And More, David Balaban
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
From Sterne And Borges To Lost Storytellers: Cyberspace, Narrative, And Law, Shulamit Almog
From Sterne And Borges To Lost Storytellers: Cyberspace, Narrative, And Law, Shulamit Almog
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Patentability Of Transgenic Animals In The United States Of America And The European Union: A Proposal For Harmonization, Jerzy Koopman
The Patentability Of Transgenic Animals In The United States Of America And The European Union: A Proposal For Harmonization, Jerzy Koopman
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Beyond The Cheese: Discerning What Causes Dilution Under 15 U.S.C. 1125(C)–A Recomendation To Whittle Away The Liberal Application Of Trademark Dilution To Internet Domain Names, Matthew D. Caudill
Beyond The Cheese: Discerning What Causes Dilution Under 15 U.S.C. 1125(C)–A Recomendation To Whittle Away The Liberal Application Of Trademark Dilution To Internet Domain Names, Matthew D. Caudill
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Cross-Ownershipís Last Stand? The Federal Communication Commissionís Proposal Concerning The Repeal Of The Newspaper/Broadcast Cross- Ownership Rule , Judith C. Aarons
Cross-Ownershipís Last Stand? The Federal Communication Commissionís Proposal Concerning The Repeal Of The Newspaper/Broadcast Cross- Ownership Rule , Judith C. Aarons
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Random Muse: Authorship And Indeterminacy, Alan R. Durham
The Random Muse: Authorship And Indeterminacy, Alan R. Durham
William & Mary Law Review
No abstract provided.
The Nba Strategy Of Broadcast Television Exposure: A Legal Application, John A. Fortunato
The Nba Strategy Of Broadcast Television Exposure: A Legal Application, John A. Fortunato
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Should Canada Enact A New Sui Generis Database Right? , C.D. Freedman
Should Canada Enact A New Sui Generis Database Right? , C.D. Freedman
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Right To A Jury Trial In Actions For Patent Infringement And Suits For Declaratory Judgement, Brian D. Coggio, Timothy E. Demasi
The Right To A Jury Trial In Actions For Patent Infringement And Suits For Declaratory Judgement, Brian D. Coggio, Timothy E. Demasi
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Domain Name Disputes Under The Acpa In The New Millennium: When Is Bad Faith Intent To Profit Really Bad Faith And Has Anything Changed With The Acpa’S Inception? , Adam Silberlight
Domain Name Disputes Under The Acpa In The New Millennium: When Is Bad Faith Intent To Profit Really Bad Faith And Has Anything Changed With The Acpa’S Inception? , Adam Silberlight
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Technology Law, J. Douglas Cuthbertson, Glen L. Gross
Technology Law, J. Douglas Cuthbertson, Glen L. Gross
University of Richmond Law Review
No abstract provided.
Promoting Progress Or Rewarding Authors? Copyright Law And Free Speech In Bonneville International Corp. V. Peters, Edward L. Carter
Promoting Progress Or Rewarding Authors? Copyright Law And Free Speech In Bonneville International Corp. V. Peters, Edward L. Carter
BYU Law Review
No abstract provided.
Copyright And Time: A Proposal, Joseph P. Liu
Copyright And Time: A Proposal, Joseph P. Liu
Michigan Law Review
This Article makes a very specific and concrete proposal: it argues that courts should adjust the scope of copyright protection to account for the passage of time by expressly considering time as a factor in fair use analysis. More specifically, this Article argues that the older a copyrighted work is, the greater the scope of fair use should be - that is, the greater the ability of others to re-use, critique, transform, and adapt the copyrighted work without permission of the copyright owner. Conversely, the newer the work, the narrower the scope of fair use. Or, even more concretely, this …
Quibbles'n Bits: Making A Digital First Sale Doctrine Feasible, Victor F. Calaba
Quibbles'n Bits: Making A Digital First Sale Doctrine Feasible, Victor F. Calaba
Michigan Telecommunications & Technology Law Review
Whereas the first sale doctrine historically permitted the transfer and resale of copyrighted works, license agreements used by software companies and the DMCA's strict rules prohibiting tampering with access control devices frustrate exercise of the first sale doctrine with respect to many forms of digital works[...] This article explores the first sale doctrine as it pertains to digital works and proposes ways to make a digital first sale doctrine feasible. Part II describes the first sale doctrine as it has traditionally been applied to non-digital works. Part III discusses modern technology's impact on the distribution and use of copyrighted material. …
Business Method Patents And Their Limits: Justifications, History, And The Emergence Of A Claim Construction Jurisprudence, Nicholas A. Smith
Business Method Patents And Their Limits: Justifications, History, And The Emergence Of A Claim Construction Jurisprudence, Nicholas A. Smith
Michigan Telecommunications & Technology Law Review
Scholars, practitioners, and even popular media spilled much ink over business method patents in the late 1990s, eager to discuss the shift in jurisprudence that enabled patent holders to enforce business method patents for the first time. Since that initial period of excitement--during which businesses filed record numbers of applications for business method patents, and numerous articles tracing the doctrinal shift were published--commentators have written little on the topic. Various patent holders, however, have since litigated business method patent claims. During these first few years after judicial endorsement of business method patents, such litigation has focused on the scope of …
Best Mode: A Plea To Repair Or Sacrifice This Broken Requirement Of United States Patent Law, Steven B. Walmsley
Best Mode: A Plea To Repair Or Sacrifice This Broken Requirement Of United States Patent Law, Steven B. Walmsley
Michigan Telecommunications & Technology Law Review
An inventor's obligation to disclose the best mode of her invention is strong consideration in the U.S. patent bargain, but the courts paradoxically define the scope of that obligation, thus rendering the enforcement of U.S. patents unreasonably unpredictable. If an inventor cannot reasonably foresee the scope of her obligation to disclose invention details, then she is subjected to the costs and risks of either overcompliance or undercompliance with the best mode requirement. The scope of the best mode requirement should either be reliably defined by an en banc ruling of the Court of Appeals for the Federal Circuit, or the …
Researching Remedies In Intellectual Property Actions Involving Computer Technology: A Research Guide, Daniel N. Kassabian
Researching Remedies In Intellectual Property Actions Involving Computer Technology: A Research Guide, Daniel N. Kassabian
Michigan Telecommunications & Technology Law Review
The purpose of this research guide is not to answer the question "What remedies are available to an owner of computer related technology whose rights have been infringed?" but to provide a methodology by which a legal practitioner can find the answer to this question. This guide sets forth materials and methods of research that can be used for an inquiry that is broad in scope, such as researching which legal scheme's remedial component best suits a client's technology, but that are also capable of being used for a narrow or limited inquiry, such as looking for specific remedies available …
Cybersquatting In Thailand: The Thai Trademark Act And The Uniform Domain Name Dispute Resolution Policy, Areeya Ratanayu
Cybersquatting In Thailand: The Thai Trademark Act And The Uniform Domain Name Dispute Resolution Policy, Areeya Ratanayu
Buffalo Intellectual Property Law Journal
No abstract provided.
The Criminalization Of Bootlegging: Unnecessary And Unwise, Lee H. Rousso
The Criminalization Of Bootlegging: Unnecessary And Unwise, Lee H. Rousso
Buffalo Intellectual Property Law Journal
In 1994 the United States extended copyright-like protection to live musical performances by adopting 17 U.S. C. §1101, which authorizes civil remedies that are the same as those for copyright infringement, and 18 U.S.C. §2319A, which subjects violators to fines and prison terms. These new statutes, referred to jointly as the "anti-bootlegging statute," led to raids of record stores and "sting" operations aimed at persons involved in the manufacture and distribution of live concert recordings. This Comment argues that the benefit to society of having these live recordings in circulation outweighs the minimal economic damage incurred by the music industry. …
Traffix Devices, Inc. V. Marketing Desplays, Inc.: The Problem With Trade Dress Protection For Expired Utility Patents, Keeley Canning Luhnow
Traffix Devices, Inc. V. Marketing Desplays, Inc.: The Problem With Trade Dress Protection For Expired Utility Patents, Keeley Canning Luhnow
Buffalo Intellectual Property Law Journal
No abstract provided.
Belling The Cat, Virtually: Review Of Stuart Biegel's Beyond Our Control?, Shubha Ghosh
Belling The Cat, Virtually: Review Of Stuart Biegel's Beyond Our Control?, Shubha Ghosh
Buffalo Intellectual Property Law Journal
No abstract provided.
Neglecting The National Memory: How Copyright Term Extensions Compromise The Development Of Digital Archives, Deirdre K. Mulligan, Jason M. Schultz
Neglecting The National Memory: How Copyright Term Extensions Compromise The Development Of Digital Archives, Deirdre K. Mulligan, Jason M. Schultz
The Journal of Appellate Practice and Process
No abstract provided.
Squeezing The Juice® Out Of The Washington Redskins®: Intellectual Property Rights In "Scandalous" And "Disparaging" Trademarks After Harjo V. Pro-Football Inc., Cameron Smith
Washington Law Review
In Harjo v. Pro-Football Inc., the Trademark Trial and Appeal Board cancelled the federally registered trademarks THE WASHINGTON REDSKINS, REDSKINS, and REDSKINETIES after finding them to be disparaging matter under section 2(a) of the Lanham Act. Pro-Football has appealed the Board's decision to the U.S. District Court for the District of Columbia. This Note argues that Harjo's adoption of the "substantial composite" standard for analyzing disparaging trademarks potentially ignores the majority of the implicated group members' viewpoints and promotes section 2(a) trademark cancellations. In addition, the liberal standing requirements for opposition and cancellation proceedings combined with Harlo's disparagement doctrine …