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Articles 1 - 13 of 13
Full-Text Articles in Law
Eyes Wide Shut: Induced Patent Infringement And The Willful Blindness Standard, Kristin M. Hagen
Eyes Wide Shut: Induced Patent Infringement And The Willful Blindness Standard, Kristin M. Hagen
Marquette Intellectual Property Law Review
None.
Reverse Engineering Ip, Tonya M. Evans
Reverse Engineering Ip, Tonya M. Evans
Marquette Intellectual Property Law Review
With the advent of the Internet and digital technology, the twenty-first century has ushered in a quantum increase in the ways to create, disseminate, and commercially exploit creativity. Digital technology allows anyone to create perfect digital copies of protected works in the comfort of their homes and to distribute them to tens, hundreds, thousands, and even millions of people with the click of a hyperlink via a handheld device. Indeed, copyright touches more ordinary people in substantial ways in this age of information than at any other time in American copyright history. READ MORE, download the article.
The Immorality Of Strict Liability In Copyright, Steven Hetcher
The Immorality Of Strict Liability In Copyright, Steven Hetcher
Marquette Intellectual Property Law Review
I will argue for a fundamental reconceptualization of liability for copyright infringement. Specifically, I will argue that the essentially unchallenged orthodoxy that copyright infringement is a strict liability tort is false. From the Supreme Court on down, it does not even appear to be questioned that copyright infringement applies a strict liability standard. Upon reflection, this is peculiar, given that this is anything but an innocuous doctrine. It is just the opposite; it is a doctrine that strongly favors copyright owners who may more easily prevail in infringement suits, as it will always be easier to establish strict liability as …
The End Of Ownership?, Donald F. Jankowski Ii
The End Of Ownership?, Donald F. Jankowski Ii
Marquette Intellectual Property Law Review
Imagine for a moment that you are in the market for a new car. You find a sports car that you like, talk with a salesperson and ultimately purchase a new automobile. This car is effectively the same as thousands of other cars. It is a copy. You were not under the impression that you were buying the rights to the design of the car or to reproduce the car to the exact specifications as your own copy. However, you believe that you can do with this car what you will. You can put bigger wheels on it, put stickers …
Free Fashion, Ashley M. Marshall
Free Fashion, Ashley M. Marshall
Marquette Intellectual Property Law Review
Our current vision of fashion is viewed as a shared art form that may be enjoyed by all social classes. Fashion encourages a melting pot of collaboration from people that are influenced by creativity. At its core, fashion is innovative and it inspires people to foster that same self-expressive conduit. Traditionally, fashion was a privilege and greatly restricted from certain classes. Indeed, Georg Simmel has proposed that in an open class society, the high class seeks to distinguish itself by adorning distinctive forms of dress, and in turn, the middle class adopts this form of dress to identify with the …
Beneficiaries Of Misconduct: A Direct Approach To It Theft, Andrew F. Popper
Beneficiaries Of Misconduct: A Direct Approach To It Theft, Andrew F. Popper
Marquette Intellectual Property Law Review
Almost a century ago, the United States Supreme Court declared that the prohibition against unfair competition serves to protect fundamental values and important rights. “[T]he right to acquire property by honest labor or the conduct of a lawful business is as much entitled to protection as the right to guard property already acquired. It is this right that furnishes the basis of the jurisdiction . . . of unfair competition.” The idea is simple: it is unfair to competitors and inconsistent with basic notions of market competition to allow market actors to steal the work or property of another and …
The National Institutes Of Health, Patents, And The Public Interest: An Expanded Rationale Of Justice Breyer’S Dissent In Stanford V. Roche, Nida Shakir
Marquette Intellectual Property Law Review
In February 2010, the Alzheimer’s Institute of America (AIA) filed a patent infringement lawsuit against Jackson Laboratory, the largest repository of research mice in the world. AIA sued Jackson Laboratory for infringing on AIA’s patent covering a DNA mutation linked to Alzheimer’s disease. Jackson Lab allegedly violated that patent by distributing mice especially bred for Alzheimer’s research. READ MORE, download the article.
Copyright, Competition, And The First English-Language Translations Of Les Misérables (1862), Michael H. Hoffheimer
Copyright, Competition, And The First English-Language Translations Of Les Misérables (1862), Michael H. Hoffheimer
Marquette Intellectual Property Law Review
None
International Intellectual Property Scholars Series: A Fundamental Critique Of The Law-And-Economics Analysis Of Intellectual Property Rights, Andreas Rahmatian
International Intellectual Property Scholars Series: A Fundamental Critique Of The Law-And-Economics Analysis Of Intellectual Property Rights, Andreas Rahmatian
Marquette Intellectual Property Law Review
None.
International Intellectual Property Scholars Series: European Union Patents: A Mission Impossible? An Assessment Of The Historical And Current Approaches, Mauricio Troncoso
International Intellectual Property Scholars Series: European Union Patents: A Mission Impossible? An Assessment Of The Historical And Current Approaches, Mauricio Troncoso
Marquette Intellectual Property Law Review
None.
Federal Circuit V. Ninth Circuit: A Split Over The Conflicting Approaches To Dmca Section 1201, Robert Arthur
Federal Circuit V. Ninth Circuit: A Split Over The Conflicting Approaches To Dmca Section 1201, Robert Arthur
Marquette Intellectual Property Law Review
None.
Copyrightable Works In The Undergraduate Student Context: An Examination Of The Issues, Lisamarie A. Collins
Copyrightable Works In The Undergraduate Student Context: An Examination Of The Issues, Lisamarie A. Collins
Marquette Intellectual Property Law Review
None.
Internet Outlaws: Knowingly Placing Ads On Parked Domain Names Invokes Contributory Trademark Liability, Ariane C. Strombom
Internet Outlaws: Knowingly Placing Ads On Parked Domain Names Invokes Contributory Trademark Liability, Ariane C. Strombom
Marquette Intellectual Property Law Review
None.