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Articles 541 - 559 of 559
Full-Text Articles in Law
On Commodifying Intangibles, Wendy J. Gordon, Sam Postbrief
On Commodifying Intangibles, Wendy J. Gordon, Sam Postbrief
Faculty Scholarship
It was made clear long ago that property and value are different things. Value exists. It is a fact. It can arise from law, and much of law aims at creating more value in the world. But value can also arise in spite of law (consider, for example, the fortunes that bootleggers made during the Roaring Twenties), or in law's interstices. When a particular value arises despite a lack of explicit legal protection, its possessors often ask courts or legislatures to give them a legal entitlement to preserve and further exploit that value. Typically the holders demand (1) a liberty …
Showdown At The Domain Name Corral: Property Rights And Personal Jurisdiction Over Squatters, Poachers And Other Parasites, Ira Nathenson
Showdown At The Domain Name Corral: Property Rights And Personal Jurisdiction Over Squatters, Poachers And Other Parasites, Ira Nathenson
Ira Steven Nathenson
This paper on domain names disputes has two main goals. The first is to analyze the principal points of litigation in domain name disputes, namely, personal jurisdiction and trademark liability. The second is to propose an analytic framework to better help resolve matters of jurisdiction and liability. Regarding personal jurisdiction, domain names are problematic because an internet site can be viewed almost anywhere, potentially subjecting the domain name owner to suit everywhere. For example, should a Florida domain name owner automatically be subject to suit in Alaska where the site can be viewed? If not, then where? Regarding liability, trademark …
Fame, Roberta Rosenthal Kwall
Protecting Folklore Of Indigenous Peoples: Is Intellectual Property The Answer?, Christine Farley
Protecting Folklore Of Indigenous Peoples: Is Intellectual Property The Answer?, Christine Farley
Articles in Law Reviews & Other Academic Journals
What can the Navajos do to prevent non-Navajos from using Navajo rug patterns to produce rugs overseas using cheap material and labor, thereby undercutting the Navajos themselves in a market for their famous rugs? What can the Australian Aboriginal peoples do when their sacred and secret imagery is reporduced on carpets they did not make, and sold to non-Aboriginals, who will inevitably walk on them? Do these communities have any legal rights to these pieces of their culture? Does the law provide any means for them to take back their culture or to prevent further poaching?https://papers.ssrn.com/sol3/papers.cfm?abstract_id=923410
Language Of The Law: The Special Role And Trademarks, Trade Names, And Other Trade Emblems., John T. Cross
Language Of The Law: The Special Role And Trademarks, Trade Names, And Other Trade Emblems., John T. Cross
Faculty Scholarship
In 1979, the United States Supreme Court decided Friedman v. Rogers, a case involving a First Amendment challenge to a Texas statute that prohibited optometrists from practicing under an assumed trade name. Although an important case, Friedman certainly is not one of the major milestones of First Amendment jurisprudence. Prior Supreme Court decisions established that although commercial speech is protected by the First Amendment, government may regulate speech to prevent deception or confusion. Because a majority in Friedman found a possibility of deception, the Court held that Texas could constitutionally prohibit the use of a trade name. Friedman becomes much …
Graduate Students' Ownership And Attribution Rights In Intellectual Property, Sandip H. Patel
Graduate Students' Ownership And Attribution Rights In Intellectual Property, Sandip H. Patel
Indiana Law Journal
No abstract provided.
The Ancient Doctrine Of Trespass To Web Sites, I. Trotter Hardy
The Ancient Doctrine Of Trespass To Web Sites, I. Trotter Hardy
Faculty Publications
No abstract provided.
Equity For Whom? Defining The Reach Of Non-Literal Patent Infringement, Peter K. Schalestock
Equity For Whom? Defining The Reach Of Non-Literal Patent Infringement, Peter K. Schalestock
Seattle University Law Review
The doctrine of equivalents began as a tool creating judicial flexibility to shield patent holders from piracy through minor variations on their inventions. Over time, two trends have transformed it from shield to sword. First, plaintiffs have persuaded courts to allow claims of infringement by equivalents even where there is no evidence of copying or other fraud. Second, as juries have decided more and more infringement cases, their sympathy for patent holders has had a greater impact on equivalents cases. Together, these trends have worked a gross distortion on the doctrine of equivalents. The doctrine should not be used to …
Trade Secrets And Roman Law: The Myth Exploded, Alan Watson
Trade Secrets And Roman Law: The Myth Exploded, Alan Watson
Scholarly Works
In 1929 A. Arthur Schiller published a celebrated article, Trade Secrets and the Roman Law; the Actio Servi Corrupti. His main conclusions are that the Roman owner of a mark or firm name was legally protected against unfair usage by a competitor through the actio servi corrupti, “action for making a slave worse,” which the Roman jurists used to grant commercial relief under the guise of private law actions. “If, as the writer believes [writes Schiller], various private causes of action were available in satisfying commercial needs, the state was acting in exactly the same fashion as it …
Licensing On The Global Information Infrastructure: Disharmony In Cyberspace, Raymond T. Nimmer
Licensing On The Global Information Infrastructure: Disharmony In Cyberspace, Raymond T. Nimmer
Northwestern Journal of International Law & Business
This article explores some of the issues in international licensing and, particularly, in the evolution of information-based contracts.
Panel Two: Information Policy Making, Allen S. Hammond, Bruce W. Mcconnell, Michael Nelson, Janice Obuchowski, Marc Rotenberg, Fred H. Cate
Panel Two: Information Policy Making, Allen S. Hammond, Bruce W. Mcconnell, Michael Nelson, Janice Obuchowski, Marc Rotenberg, Fred H. Cate
Federal Communications Law Journal
The second panel of From Conduit to Content: The Emergence of Information Policy and Law addresses the government's response to the policy making challenges presented by information. Panelists from the government and academia explore the question: "How has, and how should, the policy-making process respond to the diversity of issues, interests, and policymakers?" Participants include Fred H. Cate, Allen S. Hammond, Bruce W. McConnell, Michael Nelson, Janice Obuchowski, and Marc Rotenbergaddresses the government's response to the policy making challenges presented by information. Panelists from the government and academia explore the question: "How has, and how should, the policy-making process respond …
Trademarks Along The Infobahn: A First Look At The Emerging Law Of Cybermarks, Dan L. Burk
Trademarks Along The Infobahn: A First Look At The Emerging Law Of Cybermarks, Dan L. Burk
Richmond Journal of Law & Technology
Use of the global Internet computer network is rising exponentially. As Internet subscription increases disagreements between users are expected to arise, just as where any sizeable number of human beings interact, disagreements may be expected to arise. To date, on-line disputes have been primarily dealt with via informal solutions, such as the polite conventions of "netiquette" shared by Internet users. However, as the community of Internet users grows increasingly diverse, formal dispute resolution mechanisms, embodied as law and legal institutions, may be called upon by the parties to resolve disagreements. For example, several acrimonious disputes have already arisen over the …
Use Restrictions And The Retention Of Property Interests In Chattels Through Intellectual Property Rights, Thomas Arno
Use Restrictions And The Retention Of Property Interests In Chattels Through Intellectual Property Rights, Thomas Arno
San Diego Law Review
Granting intellectual property rights promotes invention but also encourages wasteful expenditures to avoid monopoly prices. If patent or copyright owners are allowed to place some types of restrictions on the products they sell, these wasteful efforts can be avoided. This Comment discusses restrictions that have this effect and how intellectual property law might best create a doctrine enforcing them.
Copyright And Software Technology Infringement: Defining Third Party Development Rights, Raymond T. Nimmer, Patricia A. Krauthaus
Copyright And Software Technology Infringement: Defining Third Party Development Rights, Raymond T. Nimmer, Patricia A. Krauthaus
Indiana Law Journal
No abstract provided.
The Limits Placed By Eec Law On Territorial Protection In Patent Licensing: A Case Study In Community Law-Making, Donald L. Holley
The Limits Placed By Eec Law On Territorial Protection In Patent Licensing: A Case Study In Community Law-Making, Donald L. Holley
Northwestern Journal of International Law & Business
In this article, Mr. Holley examines the ways in which the EEC Commission's interpretations of the EEC Treaty, European Court decisions, and suggestions made by Member States and industry influence the development of EEC law. By focusing on the Commission's draft patent licensing regulation, the author identifies existing conflicts between preserving patent rights and the EEC objectives of protecting competition and the free flow of goods among the Member States.
A Proposal For National Uniform Art-Proceeds Legislation, Ann Louise Straw
A Proposal For National Uniform Art-Proceeds Legislation, Ann Louise Straw
Indiana Law Journal
No abstract provided.
Common Law Copyright In Spontaneous Oral Conversation, Paul M. Morley
Common Law Copyright In Spontaneous Oral Conversation, Paul M. Morley
William & Mary Law Review
No abstract provided.
Newspaper Copyright, Joseph M. Cormack
Newspaper Copyright, Joseph M. Cormack
Faculty Publications
This is a report upon the state of the American law prepared for submission to the International Congress of Comparative Law to be held at The Hague, August 2nd to 6th., 1932. The report was prepared at the request of the American committee of the Interiationad Academy of Comparative Law, and is published with the approval of the Academy. The national reports are to form the basis of a general report, not exceeding xo,ooo words in length, covering the general state of the law in regard to the particular topic. Because of the limitations thus involved, it has been necessary …
The Income Tax Of The Inventor, Harold C. Havighurst
The Income Tax Of The Inventor, Harold C. Havighurst
West Virginia Law Review
No abstract provided.