Law Commons^™

Damnum Absque Inujria: Zeran V. Aol And Cyberspace Defamation Law, Steven M. Cordero

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Oddzon Products And Derivation Of Invention: At Odds With The Purpose Of Section 102(F) Of The Patent Act Of 1952?, Brian P. Murphy

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Shrinkwrap And Clickwrap Agreements: 2b Or Not 2b?, Garry L. Founds

Federal Communications Law Journal

Several problems plague typical mass-market software licensing agreement, specifically that the public is powerless to negotiate and the terms often are perceived as exceedingly broad and restrictive. The Uniform Computer Information Transactions Act is designed to remedy those problems and establish the general enforceability of such agreements, with certain qualifications related to unconscionability, assent, and other caveats. UCITA, however, does not resolve, or even purport to resolve, the tension between federal copyright law and state contract law. This Note analyzes UCITA's attempt to resolve the enforceability issue; argues for an approach to preemption that promotes clarity and preserves the objectives …

Protection In The United States For “Famous Marks”: The Federal Trademark Dilution Act Revisited, Edward E. Vassallo, Maryanne Dickey

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Leave No Stone Unturned: The Search For Art Stolen By The Nazis And The Legal Rules Governing Restitution Of Stolen Art, Kelly Diane Walton

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Heist Of Feist: Protection For Collections Of Information And The Possible Federalization Of "Hot News", Jason R. Boyarski

Cardozo Law Review

No abstract provided.

Parallel Trade In The Pharmaceutical Industry: Implications For Innovation, Consumer Welfare, And Health Policy Article, Clause E. Barfield, Mark A. Groombridge

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Scope Of Protection Problems With Patents And Copyrights On Methods Of Doing Business, Richard H. Stern

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The State Street Bank Decision: The Bad Business Of Unlimited Patent Protection For Methods Of Doing Business, Leo J. Raskind

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Post Industrial Patent System, John R. Thomas

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Opportunity Costs Of Globalizing Information Licenses Embedding Consumer Rights Within The Legislative Framework For Information Contracts, Gail E. Evans

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Unfair Competition Law And The European Court Of Human Rights: The Case Of Hertel V. Switzerland And Beyond, A. Kamperman Sanders

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

George Washington University Law School And Oracle Corporation Symposium On Intellectual Property Rights In Methods Of Doing Business, Sanjay Prasad

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Virtual Wild, Wild West (Www): Intellectual Property Issues In Cyberspace—Trademarks, Service Marks, Copyrights, And Domain Names, Jeffrey J. Look

University of Arkansas at Little Rock Law Review

No abstract provided.

Copyright And Public Welfare In Global Perspective, Ruth Gana Okediji

Indiana Journal of Global Legal Studies

No abstract provided.

Obviousness And New Technologies, John Kasdan

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Muddy Rules For Cyberspace, Dan L. Burk

Cardozo Law Review

Digital communication media such as the Internet pose difficult challenges for traditional forms of intellectual property protection. Much recent scholarship and considerable governmental attention has been focused on adapting and expanding copyright to encompass digital works of authorship. These efforts have been justified on the grounds that clear property rights are necessary to allow efficient allocation of intellectual property between private parties.

However, these rationales ignore the literature regarding the efficiency of unclear or "muddy" property entitlements. Where transaction costs of private bargaining are high, muddy rules will tend to force parties into informal bargaining transactions. Transaction costs on the …

Official Insignia, Culture, And Native Americans: An Analysis Of Whether Current United States Trademark Law Should Be Changed To Prevent The Registration Of Official Tribal Insignia, Alexis A. Lury

Chicago-Kent Journal of Intellectual Property

No abstract provided.

A Circus Among The Circuits: Would The Truly Famous And Diluted Performer Please Stand Up? The Federal Trademark Dilution Act And Its Challenges, Xuan-Thao N. Nguyen

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Interpreting Words In A Patent, Douglas Y'Barbo

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Why Domain Names Are Not Generic: An Analysis Of Why Domain Names Incorporating Generic Terms Are Entitled To Trademark Protection, Sarah E. Akhtar, Robert C. Cumbow

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Survey Of Patent Law Decisions In The Federal Circuit: 1998 In Review , Robert J. Mcmanus, Cindy Ahn, Christina Karnakis, Rafael E. Rodriguez, Jacqueline D. Wright

American University Law Review

No abstract provided.

How Much Fuel To Add To The Fire Of Genius? Some Questions About The Repair/Reconstruction Distinction In Patent Law , Arthur J. Gajarsa, Evelyn Mary Aswad, Joseph S. Cianfrani

American University Law Review

No abstract provided.

Echoes Of Scientific Truth In The Halls Of Justice: The Standards Of Review Applied By The United States Court Of Appeals For The Federal Circuit In Patent-Related Matters , Lawrence M. Sung

American University Law Review

No abstract provided.

Certainty, Fence Building, And The Useful Arts, Craig Allen Nard

Indiana Law Journal

No abstract provided.

A Proposed Test For Applying The Doctrine Of Equivalents To Biotechnology Inventions: The Nonobviousness Test, Qing Lin

Washington Law Review

In patent law, the doctrine of equivalents allows courts to find infringement if one makes or uses a device or process without substantial change from a patented invention. A test that clearly defines the appropriate scope of patent protection is crucial to development in various industries, especially in biotechnology, an industry that requires significant long-term investment. However, the most commonly applied test for determining equivalents is vague and fails to provide practical guidance. The "all elements" limitation to the test causes additional confusion. A more appropriate test for defining the scope of patent protection would be the "nonobviousness test," a …

To Innovate Or Not To Innovate, That Is The Question: The Functions, Failures, And Foibles Of The Reward Function Theory Of Patent Law In Relation To Computer Software Platforms , Seth A. Cohen

Michigan Telecommunications & Technology Law Review

The patent system has traditionally been viewed as having two primary functions: the reward function and the prospect function. Although these theories do explain some behavior which results from the practical applications of the patent system, they also overlook some behavior of the patent system which indicates a failure of these functions. In order to properly prevent such failure, this paper proposes that the patent system adopt an orientation that will lead to increased innovative rivalry and competition. In Part I, using the computer operating system software market as an example, I propose a framework for reconceptualizing patent protection as …

Copyright, Licensing, And The First Screen , Ronald A. Cass

Michigan Telecommunications & Technology Law Review

As patent, copyright, and other intellectual property rights have assumed greater economic importance, the manner in which those rights are used has come under increased scrutiny. Recently filed antitrust litigation against Microsoft Corporation, for example, focuses on the terms under which Microsoft has licensed its Windows® operating system to computer manufacturers (generally referenced as OEMs, for Original Equipment Manufacturers). In particular, parties to the litigation complain about the license agreements' requirement that the first screen to appear when customers initially turn on ("boot up") a computer display certain features common across all Windows-based platforms. The "first screen provision" has been …

Trademark Issues In Cyberspace: The Brave New Frontier, Sally M. Abel

Michigan Telecommunications & Technology Law Review

Cyberspace raises a variety of thought-provoking trademark and trademark-related issues. While many of the issues and problems that arise may be analyzed and resolved from the vantage point of traditional notions of trademark law, others present thornier questions requiring greater sensitivity to the practical effect of cyberspace on the commercial marketplace. The cyberspace trademark issue that continues to get the most press is the domain name controversy. Is a domain a trademark? When does use of a domain infringe trademark rights? If someone else registers a company's name or trademark as their domain, what can the company do? Beyond domains …

Internet Framing: Complement Or Hijack , Raymond Chan

Michigan Telecommunications & Technology Law Review

Currently, the technology of "framing" allows a web site to: (1) pull in the contents of an external site into the local site; (2) "chop" up the contents of the external site into different "frames" or parts; and (3) display only the frames that are beneficial to the framing site. When an advertisements is blocked off by a frame, an advertiser who paid to advertise at an external (framed) site may cease to purchase advertising space from that external site if the framing activities of another web site prevent the advertisement from reaching prospective viewers. From the perspective of the …