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Articles 14431 - 14460 of 17086
Full-Text Articles in Law
Copyright Law In The Digital Age: Malum In Se And Malum Prohibitum, Sheldon W. Halpern
Copyright Law In The Digital Age: Malum In Se And Malum Prohibitum, Sheldon W. Halpern
Marquette Intellectual Property Law Review
The scale of copyright piracy has changed, allowing creative works to be distributed globally with a click of a mouse. People's attitudes towards infringing on someone else's protected work have changed as well due to the simplicity and speed of the digital infringing process. This lecture discusses how one can tailor copyright law to accommodate technological changes. First, the lecturer discusses how an act of infringement needs to be defined as malum in se rather than malum prohibitum in order for infringement to be taken seriously. The lecturer suggests that a radically different approach to some of the fundamental principles …
Death Of A Myth: The Patenting Of Internet Business Models After State Street Bank, William D. Wiese
Death Of A Myth: The Patenting Of Internet Business Models After State Street Bank, William D. Wiese
Marquette Intellectual Property Law Review
The case of State Street Bank & Trust Co. v. Signature Financial Group, Inc., which extended patent protection to a computerized financial method, was regarded by many as a revolutionary expansion of patentable subject matter. The author, however, argues that this notion is overstated. The author explains that the State Street Bank decision will be of little consequence because the business exception was a myth in the first place. The author reasons that courts often cited other bars to patentability when denying business methods protection. Furthermore, the author argues that the recent relaxation of the patentability requirements of computer related …
The United States And The Madrid Protocol: A Time To Decline, A Time To Accede, Carlo Cotrone
The United States And The Madrid Protocol: A Time To Decline, A Time To Accede, Carlo Cotrone
Marquette Intellectual Property Law Review
The Madrid Agreement enables trademark owners in signatory countries to secure international trademark registration by filing one application instead of filing separate applications in each foreign country's trademark office. The United States has never acceded to the Agreement because critics have held that the Agreement favors registration-based trademark systems rather than the use-based system found in the United States. Accordingly, the Madrid Protocol was drafted to address the United States' objections to the Agreement and to provide an international registration vehicle for countries that declined to participate Agreement. In this article, the author examines the Madrid Agreement, compares the Agreement …
A Higher Nonobviousness Standard For Gene Patents: Protecting Biomedical Research From The Big Chill, Sara Dastgheib-Vinarov
A Higher Nonobviousness Standard For Gene Patents: Protecting Biomedical Research From The Big Chill, Sara Dastgheib-Vinarov
Marquette Intellectual Property Law Review
In In re Deuel, the United States Court of Appeals for the Federal Circuit ruled in favor of a patent applicant and found that DNA molecules encoding a protein were nonobvious under section 103 of the Patent Act. Since then, companies specializing in genomic research have filed numerous DNA sequence applications, instigating a troubling trend of patent filings within the biotechnology field. Currently these companies are stockpiling partial DNA sequence patents which have no known function. This Comment presents scientific, political, religious, and ethical justifications for heightening the nonobviousness standard for gene-related patents under section 103 of the Patent Act. …
Global Technology Protection: Moving Past The Treaty, Todd M. Rowe
Global Technology Protection: Moving Past The Treaty, Todd M. Rowe
Marquette Intellectual Property Law Review
This Comment examines whether the conformity achieved by international technology treaties is at the expense of utility. Specifically, the author posits that international agreements do not serve the needs of rich and poor nations alike. Instead, the author advocates for increased autonomy by claiming better solutions will be produced when nations enter bi-lateral agreements. In reaching this conclusion, the Comment analyzes the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) and the problems created for developing nations through global technology protections. The author uses the United States' patent, copyright, and trademark protections as an illustrative example of how successful …
Dickinson V Zurko: An Amicus Brief, Thomas G. Field, Craig Allen Nard, John F. Duffy
Dickinson V Zurko: An Amicus Brief, Thomas G. Field, Craig Allen Nard, John F. Duffy
Marquette Intellectual Property Law Review
Professors Field, Nard, and Duffy submitted an amicus brief to the Supreme Court in the case of Dickinson v. Zurko. In Dickinson, the Federal Circuit concluded that the Patent and Trademark Office's factual findings must be reviewed under a clearly erroneous standard and not the substantial evidence standard set out in the Administrative Procedure Act. However, the amicus brief asserted that the PTO is subject to the standards of judicial review set forth in the APA.
No Trade Dress Protection For Anything Disclosed In A Patent: A Defense Of The Supreme Court's Per Se Restriction, Glen A. Weitzer
No Trade Dress Protection For Anything Disclosed In A Patent: A Defense Of The Supreme Court's Per Se Restriction, Glen A. Weitzer
Marquette Intellectual Property Law Review
Conflicts between patent and trademark law arise when the owner of a patent seeks to protect the physical configuration disclosed in a patent. Patent law requires that information in a patent be dedicated to the public upon expiration of the patent; however, trademark law can be used upon expiration of the patent to continue to exclude certain aspects of the art disclosed in the patent. This note explores existing jurisprudence on the conflict between patent and trademark law and proposes a remedy to this conflict.
Copyright In The Context Of Intellectual Property: A Survey Of Canadian University Policies, Margaret Ann Wilkinson
Copyright In The Context Of Intellectual Property: A Survey Of Canadian University Policies, Margaret Ann Wilkinson
Law Publications
Traditionally, the federal government has been considered the major player in information policy concerning copyrights and patents because both come within its exclusive legislative competence. Increasingly, however, two trends are becoming clear: intellectual property policy cannot be considered in isolation from other economic and social policy issues and national governments are increasingly constrained in terms of their direct actions with respect to specific intellectual property protections by the government's wider commitments developed through the process of international trade negotiation. It is argued in this paper that the role of those who actually control the intellectual property created or used in …
Whither Industrial Design, Margaret Ann Wilkinson, Amy Muhlstein
Whither Industrial Design, Margaret Ann Wilkinson, Amy Muhlstein
Law Publications
The scope of the Industrial Design Act in Canada is much narrower than the concept of industrial designs, as original and unique manufactured objects, in industry. Indeed, the Industrial Design Act applies only to the aspects of industrial designs which we have described as the design aspects. Similar protection of the design aspects of industrial designs exist in Britain and the United States, although, as discussed, these protections take different forms in each jurisdiction. Although some of the aspects of industrial designs other than the design aspects receive no intellectual property protection in any of the three jurisdictions, others are …
International Take-Down Policy: A Proposal For The Wto And Wipo To Establish International Copyright Procedural Guidelines For Internet Service Providers, John T. Soma, Natalie A. Norman
International Take-Down Policy: A Proposal For The Wto And Wipo To Establish International Copyright Procedural Guidelines For Internet Service Providers, John T. Soma, Natalie A. Norman
UC Law SF Communications and Entertainment Journal
Copyright owners have become increasingly concerned with online copyright infringement by Internet service providers. As a result, lawmakers have attempted to determine the most appropriate mechanism by which to impose third party liability upon these ISPs. The internet makes it extremely difficult to identify online copyright infringement in general, and unfortunately, the task becomes even more difficult in the international context. This paper suggests that a practical solution to the problem might include creating international procedural guidelines, which would provide copyright owners with viable means to protect their rights. The authors compare international standards for ISP liability for third party …
The Talent Agencies Act: Does One Year Really Mean One Year, Edwin F. Mcpherson
The Talent Agencies Act: Does One Year Really Mean One Year, Edwin F. Mcpherson
UC Law SF Communications and Entertainment Journal
The issue of whether the one year statute of limitations period mandated by California's Talent Agencies Act really means one year has recently been considered by the California Court of Appeal. In Park v. The Deftones, the court held that the one year limitations period is revived when a manager sues an artist. The same court, in Styne v. Stevens, held that while a lawsuit by a manager revived the statute of limitations, it revived it only for an additional one year period. This paper explores the case of Styne, the scope of the Talent Agencies Act, the jurisdiction of …
Vice Advertising Under The Supreme Court's Commercial Speech Doctrine: The Shifting Central Hudson Analysis, Michael Hoefges, Milagros Rivera-Sanchez
Vice Advertising Under The Supreme Court's Commercial Speech Doctrine: The Shifting Central Hudson Analysis, Michael Hoefges, Milagros Rivera-Sanchez
UC Law SF Communications and Entertainment Journal
The extent to which the government should have the ability to regulate "vice" products and activities, such as tobacco, alcohol and gaming, is extremely controversial. This article examines the commercial speech doctrine's "vice" advertising cases from 1986 through 1999 and the Central Hudson analysis. Remarkably, by 1999, the Court appears to have completely reversed its position regarding "vice" advertising, and in fact, it seems to have virtually eliminated the "vice" advertising distinction. As a result, it seems as though equal treatment is required under the First Amendment for all truthful, non-deceptive advertising for lawful products and services. The authors argue …
Loki Surfs For Porn: An Analysis Of The Discord The Internet May Cause In Obscenity Law, Alison E. Howell
Loki Surfs For Porn: An Analysis Of The Discord The Internet May Cause In Obscenity Law, Alison E. Howell
UC Law SF Communications and Entertainment Journal
Libraries have been presented with the perplexing problem of whether or not they should be required, or whether they are even allowed, to filter users' access (specifically children's access) to obscene and/or pornographic materials on the Internet. Such access could cause the public to accuse libraries of providing and tolerating obscenity. This note explores the potential chaos that open access to obscene and pornographic material on the internet may bring to the definition of community standards and the hoops that modem e-pornographers must jump through. The author discusses the basics of First Amendment law, analyzes the flaws in these doctrines …
First, "Let's Kill All The Intellectual Property Lawyers!": Musings On The Decline And Fall Of The Intellectual Property Empire, 34 J. Marshall L. Rev. 851 (2001), Doris E. Long
UIC Law Review
No abstract provided.
Stop Me If I'Ve Heard This Already: The Temporal Remoteness Aspect Of The Subconscious Copying Doctrine, Joel S. Hollingsworth
Stop Me If I'Ve Heard This Already: The Temporal Remoteness Aspect Of The Subconscious Copying Doctrine, Joel S. Hollingsworth
UC Law SF Communications and Entertainment Journal
This article examines the temporal remoteness aspect of copyright law's subconscious copying doctrine. Under this doctrine, copyright infringement defendants can be held liable for infringement, even if they believe that they independently created their work, if the defendants had access to the copyrighted work, the works are practically identical, and the degree of temporal remoteness - the time between access and subsequent creation of the infringing work - was low. The author analyzes the evolution of the subconscious copying doctrine from its inception in Fred Fisher, Inc. v. Dillingham to its recent interpretation by the Ninth Circuit in Three Boys …
Financing Intellectual Property Under Federal Law: A National Imperative, Lorin Brennan
Financing Intellectual Property Under Federal Law: A National Imperative, Lorin Brennan
UC Law SF Communications and Entertainment Journal
The information industries have become the center of national growth and opportunity. In the new information economy, intellectual property financing has assumed growing importance. This article suggests that area in urgent need of restructuring is secured financing law. Article 9 and the Revised Article 9 of the Uniform Commercial Code are incapable of effectively financing intellectual property. This article provides a summary of how intellectual property financing works and why it is more efficient to utilize the federal information statute. Additionally, this article provides a detailed description on the law governing the financing of intellectual property. The author argues that …
Trademarks And The Movies: An Af-'Fair Use To Remember, Lauren P. Smith
Trademarks And The Movies: An Af-'Fair Use To Remember, Lauren P. Smith
Cleveland State Law Review
The Federal Trademark Dilution Act poses a serious threat for filmmakers, much more so than found under the original Lanham Act. A filmmaker can be found guilt of dilution without a finding that consumers would likely be confused by the allegedly diluting use. The mere appearance of a mark in a film would not likely violate a trademark holders rights. According dilution's much less stringent standard, non-competing uses of a mark which would "blur" its strength would violate a holder's rights. Courts have used the FTDA in ways as broad as its language allows, and it poses a very serious …
Vol. Ix, Tab 47 - Ex. 1 - Document "Our Collar - Rosetta Stone New Brand", Dawn Mcavoy
Vol. Ix, Tab 47 - Ex. 1 - Document "Our Collar - Rosetta Stone New Brand", Dawn Mcavoy
Rosetta Stone v. Google (Joint Appendix)
Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?
"I See What You're Saying": Trademarked Terms And Symbols As Protected Consumer Commentary In Consumer Opinion Websites, Leslie C. Rochat
"I See What You're Saying": Trademarked Terms And Symbols As Protected Consumer Commentary In Consumer Opinion Websites, Leslie C. Rochat
Seattle University Law Review
Although there are a wide array of unresolved trademark issues with regard to the Internet, this Comment will not address disputes involving anything beyond the visible content of an individual's website. Domain name and meta-tag issues, though often referenced in order to demonstrate trends in analysis, are not the subjects of this inquiry. Rather, this Comment will focus on the triumvirate of claims most frequently asserted against individual web masters in the battle over the propriety of consumer commentary: trademark infringement, unfair competition, and trademark dilution. A recent court decision, Bally Total Fitness v. Faber, provides an example of the …
Henley V. Dillard Department Stores: Don Loves His Henley, And Has A Right To It Too, Eleanor Johnson
Henley V. Dillard Department Stores: Don Loves His Henley, And Has A Right To It Too, Eleanor Johnson
Villanova Law Review (1956 - )
No abstract provided.
The ‘Enticing Images’ Doctrine: An Emerging Principle In First Amendment Jurisprudence, Clay Calvert
The ‘Enticing Images’ Doctrine: An Emerging Principle In First Amendment Jurisprudence, Clay Calvert
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
State Ownership Of Copyrights In Primary Law Materials, Irina Y. Dmitrieva
State Ownership Of Copyrights In Primary Law Materials, Irina Y. Dmitrieva
UC Law SF Communications and Entertainment Journal
Although the Copyright Act of 1976 provides no protection for works of the United States government, no similar prohibition exists for works of state or local governments. Similarly, under principles of international copyright law, works of state governments in the United States are not considered to be within the public domain unless explicitly provided by state statute or through statutory interpretation. Nevertheless, many states post their statutory and legislative materials on the Internet. This article demonstrates that over half of the fifty states provide for state copyright of official statutory compilations, court reports or administrative compilations. The author reviews the …
Financing Intellectual Property Under Revised Article 9: National And International Conflicts, Lorin Brennan
Financing Intellectual Property Under Revised Article 9: National And International Conflicts, Lorin Brennan
UC Law SF Communications and Entertainment Journal
The policies underlying the creation and exploitation of intangible intellectual property differ sharply from those for manufacture and sale of tangible goods. Intellectual property law seeks to protect the creditor's ability to benefit by his endeavors; in contrast, laws governing tangible goods are concerned with the transferability and availability of such goods in the interest of efficiency. This paper argues that current laws, such as the recent revision of Article 9 of the Uniform Commercial Code ("Revised 9"), ignores the concept that effective financing of intellectual property could and should operate in conjunction with state personal property financing laws. The …
Anticipating Technology: A Statute Bytes The Dust In Recording Industry Ass'n Of America V. Diamond Multimedia Systems, Inc., Stephanie Skasko Rosenberg
Anticipating Technology: A Statute Bytes The Dust In Recording Industry Ass'n Of America V. Diamond Multimedia Systems, Inc., Stephanie Skasko Rosenberg
Villanova Law Review (1956 - )
No abstract provided.
Resolving The Dissonant Constitutional Chords Inherent In The Federal Anti-Bootlegging Statute In United States V. Moghadam, Keith V. Lee
Resolving The Dissonant Constitutional Chords Inherent In The Federal Anti-Bootlegging Statute In United States V. Moghadam, Keith V. Lee
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Ownership, Commercial Development, Transfer And Use Of Publicly Funded Research Results: The United States Legal Regime, Rebecca S. Eisenberg
Ownership, Commercial Development, Transfer And Use Of Publicly Funded Research Results: The United States Legal Regime, Rebecca S. Eisenberg
Other Publications
This report summarizes key provisions of the United States. legal regime concerning ownership, dissemination and commercialization of the results of publicly funded research as background for a study on the feasibility of improving access by developing countries and economies in transition to environmentally sound technologies (ESTs) developed in other parts of the world.
Patent Infringement Damages In Japan And The United States: Will Increased Patent Infringement Damage Awards Revive The Japanese Economy?, Toshiko Takenaka
Patent Infringement Damages In Japan And The United States: Will Increased Patent Infringement Damage Awards Revive The Japanese Economy?, Toshiko Takenaka
Articles
This Article will look at the impact of the new Japanese legislation on patent infringement damages and will discuss whether the increase in damage awards contributes to the creation of breakthrough technology. To understand this impact, Part I will discuss pre-1998 legislation damages and highlight the difference between damages awarded by United States courts and those awarded by Japanese courts, by comparing United States and Japanese case examples. In examining the general tort and patent law theories, Part I will also try to identify the source of the difference and discuss how this difference is reflected in current United States …
Patent Infringement Damages In Japan And The United States: Will Increased Patent Infringement Damage Awards Revive The Japanese Economy?, Toshiko Takenaka
Patent Infringement Damages In Japan And The United States: Will Increased Patent Infringement Damage Awards Revive The Japanese Economy?, Toshiko Takenaka
Articles
Accordingly, this Article will look at the impact of the new Japanese legislation on patent infringement damages and will discuss whether the increase in damage awards contributes to the creation of breakthrough technology. To understand this impact, Part I will discuss pre-1998 legislation damages and highlight the difference between damages awarded by United States courts and those awarded by Japanese courts, by comparing United States and Japanese case examples. In examining the general tort and patent law theories, Part I will also try to identify the source of the difference and discuss how this difference is reflected in current United …
Protection Of Intellectual Property Rights And The Impact Of Trips, Sowmiya R.K. Sikal
Protection Of Intellectual Property Rights And The Impact Of Trips, Sowmiya R.K. Sikal
LLM Theses and Essays
This thesis focuses on the importance of intellectual property rights and its protection in the international arena. Coming from a developing country - India, I have always been fascinated with the area of international intellectual property rights protection because of its severe ramification on the economy and the social structure of developing countries. The impact of heightened protection of intellectual property rights has been a controversial issue between developed and developing countries for many years. In this paper, I have examined intellectual property rights, need for its protection, conventions, treaties and agreements present for the protection of intellectual property including …