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Articles 1 - 18 of 18
Full-Text Articles in Law
The Scope Of Trademark Law In The Age Of The Brand Persona, Laura A. Heymann
The Scope Of Trademark Law In The Age Of The Brand Persona, Laura A. Heymann
Faculty Publications
No abstract provided.
The Cryptopticon: The Legal, Ethical, And Intellectual Implications Of "Big Data"
The Cryptopticon: The Legal, Ethical, And Intellectual Implications Of "Big Data"
Stanley H. Mervis Lecture
No abstract provided.
Book Review Of Copyright For Teachers & Librarians In The 21st Century, Benjamin J. Keele
Book Review Of Copyright For Teachers & Librarians In The 21st Century, Benjamin J. Keele
Library Staff Publications
No abstract provided.
An Overview Of Patent Prosecution, Frederick W. Dingledy
An Overview Of Patent Prosecution, Frederick W. Dingledy
Library Staff Publications
No abstract provided.
A Name I Call Myself: Creativity And Naming, Laura A. Heymann
A Name I Call Myself: Creativity And Naming, Laura A. Heymann
Faculty Publications
In recent years, various disputes involving the use of creative works have demonstrated how trademark-related concerns lurk at the heart of what are ostensibly copyright-related claims. When recording artists such as Jackson Browne or the members of Heart object to the unauthorized use of their songs in connection with a political campaign, they are most likely not troubled about the loss of revenue resulting from the use; rather, they are likely concerned that the public will wrongly assume that the use of the song indicates that they have endorsed the political candidate. But because it is sometimes easier for them …
Ruling In Georgia State Copyright Case Is Mostly Good News For Libraries, James S. Heller, Paul Hellyer, Benjamin J. Keele
Ruling In Georgia State Copyright Case Is Mostly Good News For Libraries, James S. Heller, Paul Hellyer, Benjamin J. Keele
Popular Media
No abstract provided.
What Is The "Invention"?, Christopher A. Cotropia
What Is The "Invention"?, Christopher A. Cotropia
William & Mary Law Review
Patent law is in flux, with recent disputes and changes in doctrine fueled by increased attention from the Supreme Court and en banc activity by the Federal Circuit. The natural reaction is to analyze each doctrinal area involved on its own. Upon a closer look, however, many patent cases concern a single, fundamental dispute. Conflicts in opinions on such issues as claim interpretation methodology and the written description requirement are really disagreements over which “invention” the courts should be considering.
There are two concepts of invention currently in play in patent decisions. The first is an “external invention” definition, in …
The Null Patent, Sean B. Seymore
The Null Patent, Sean B. Seymore
William & Mary Law Review
Failure is the basis of much of scientific progress because it plays a key role in building knowledge. In fact, negative results compose the bulk of knowledge produced in scientific research. This is not a bad thing because failures always produce valuable technical information—whether it be a serendipitous finding, an abundance of unexpected technical data, or simply knowledge that an initial hypothesis was totally wrong. Though some have recognized that the dissemination of negative results has many upsides for science, transforming scientific norms toward disclosure is no easy task. As for patent law, the potentially important role that negative results …
Regulatory And Judicial Implementations Of Patent Law Flexibilities, Sarah R. Wasserman Rajec
Regulatory And Judicial Implementations Of Patent Law Flexibilities, Sarah R. Wasserman Rajec
Faculty Publications
No abstract provided.
The Natural Flow Of Ideas: Why The Fifth Amendment Takings Clause And An Obscure Water-Rights Decision Might Thwart Attempts At Streamlining The Patent Queue, Joseph Kamien
William & Mary Bill of Rights Journal
No abstract provided.
Book Review Of Reclaiming Fair Use: How To Put Balance Back In Copyright, Benjamin J. Keele
Book Review Of Reclaiming Fair Use: How To Put Balance Back In Copyright, Benjamin J. Keele
Library Staff Publications
No abstract provided.
Judgment For Federalism: A Case For Why The Right Of Publicity Should Be A Federal Right, Brittany Lee-Richardson
Judgment For Federalism: A Case For Why The Right Of Publicity Should Be A Federal Right, Brittany Lee-Richardson
Student Award Winning Papers
The purpose of the right of publicity is to provide all individuals the right to control the commercial use of their attributes such as likeness, image or name. This state-based right is primarily concerned with protecting celebrities, hereinafter referred to as “personalities.”1 As the right gained more recognition from courts and legislatures in the last 25 years, its value to personalities increased substantially. Sport, entertainment and public figures, like Tiger Woods, Bill Clinton and Woody Allen, make millions of dollars2 from endorsements, speaking engagements, and right of publicity claims. Personalities are also taking advantage of the wide variation in right …
Tailoring Remedies To Spur Innovation, Sarah R. Wasserman Rajec
Tailoring Remedies To Spur Innovation, Sarah R. Wasserman Rajec
Faculty Publications
An emerging rule in the district courts—thus far endorsed by the United States Court of Appeals for the Federal Circuit—allows a victorious patent holder to receive a permanent injunction against an infringer if she is able to show that she has suffered a loss of market share due to the infringement. The larger the loss of market share the patent holder can prove, the more likely the court will issue an injunction. This “market share rule” is a response to the Supreme Court’s ruling in eBay Inc. v. MercExchange, L.L.C., exhorting lower courts to engage in equitable balancing before awarding …
The Search For America's Most Eligible Patent: The Impact Of The Bilski Decision On Obtaining Patents For Processes And Business Methods, Mark Connolly
William & Mary Business Law Review
For one year, the business community, patent lawyers, and the media in the United States speculated as to how the Supreme Court would rule in Bilski v. Kappos. Some forecasted the end of all business method patents, while others advanced the idea that after the case, practically any business method could be patented. When the dust settled, the Court’s holding did neither: it determined that the machine-or-transformation test is not the exclusive test for patent eligibility under Section 101, and left open the possibility for business method patents to withstand future challenges.
While this result frustrated many that advocated for …
Book Review Of Citizens And E-Government: Evaluating Policy And Management, Benjamin J. Keele
Book Review Of Citizens And E-Government: Evaluating Policy And Management, Benjamin J. Keele
Library Staff Publications
No abstract provided.
Advising Faculty On Law Journal Publication Agreements, Benjamin J. Keele
Advising Faculty On Law Journal Publication Agreements, Benjamin J. Keele
Library Staff Publications
No abstract provided.
Book Review Of Patent Reform In The 112th Congress: Innovation Issues, Benjamin J. Keele
Book Review Of Patent Reform In The 112th Congress: Innovation Issues, Benjamin J. Keele
Library Staff Publications
No abstract provided.
The Librarian’S Copyright Companion, James S. Heller, Paul Hellyer, Benjamin J. Keele
The Librarian’S Copyright Companion, James S. Heller, Paul Hellyer, Benjamin J. Keele
Library Staff Publications
The transition from print to digital continues. The Copyright Act has changed a little, but not for the better. This book begins with the premise that copyright exists to promote the dissemination of information, and while creators have certain rights, so do users. This new edition updates every chapter and adds a new chapter on the library as a publisher. Also included is information on recent developments such as Creative Common licenses and the use of digital video (e.g. YouTube) in the classroom.