Law Commons^™

Remedies For The Misappropriation Of Intellectual Property By State And Municipal Governments Before And After Seminole Tribe: The Eleventh Amendment And Other Immunity Doctrines, Paul J. Heald, Michael L. Wells

Washington and Lee Law Review

No abstract provided.

The Heart Of The Matter: The Property Right Conferred By Copyright, Douglas Y'Barbo

Mercer Law Review

The purpose of this Article is to offer a single coherent model that explains copyright law's essential features and to apply the model to reconcile the apparently disparate infringement decisions that comprise contemporary copyright law.

The fundamental premise underlying copyright law-and the one that I intend to dislodge-is that a copyright is a limited property right in relation to the author's original text. The thesis of this Article is that a "copyright" is not an enforceable property right in relation to a particular work of authorship or the expression embodied in it (i.e., "a text"). Instead, I shall demonstrate that …

An Economic Analysis Of Damages Rules In Intellectual Property Law, Roger D. Blair, Thomas F. Cotter

William & Mary Law Review

No abstract provided.

Considering Multiple And Overlapping Sovereignties: Liberalism, Libertarianism, National Sovereignty, "Global" Intellectual Property, And The Internet, Keith Aoki

Indiana Journal of Global Legal Studies

No abstract provided.

Sunbeam Products, Inc. V. The West Bend Co.: Exposing The Malign Application Of The Federal Dilution Statute To Product Configurations, Paul J. Heald

Scholarly Works

Some judicial opinions lack persuasive authority because they are poorly written. Others establish dangerous precedent or enshrine pernicious attitudes into law. Still others twist the language of prior opinions or misuse legislative history. Although a focus on rhetorical structure, effect on society, or quality of legal reasoning is helpful in identifying what constitutes a very bad judicial opinion, this essay will instead expose the blander evils of indifference and inattentitveness. My “worst” opinion -- Sunbeam Products, Inc. v. The West Bend Co. -- will not have a catastrophic effect on American life and culture, but rather provides an important illustration …

Folsom V. Marsh And Its Legacy, L. Ray Patterson

Scholarly Works

The fair use doctrine has become so important in American copyright law that it is somewhat surprising to learn that the case credited with creating it, Folsom v. Marsh, was so poorly reasoned that it may be entitled to first place in the category of bad copyright decisions. The case was a bill in equity for copyright piracy, the style of which comes from plaintiff, Folsom, Wells and Thurston, printers and publishers, and defendants, Marsh, Capen and Lyon, booksellers.

If one of the characteristics of a bad legal decision is that it gives rise to a myth as to what …

Intractable Consent: A Legislative Solution To The Problem Of The Aging Consent Decrees In United States V. Ascap And United States V. Bmi , Noel L. Hillman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Just Click Here: Article 2b’S Failure To Guarantee Adequate Manifestation Of Assent In Click-Wrap Contracts, Zachary M. Harrison

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Art & Atrocity: Cultural Depravity Justifies Cultural Deprivation, Jack Achiezer Guggenheim

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Feist Applied: Imagination Protects, But Perspiration Persists—The Bases Of Copyright Protection For Factual Compilations, Denise R. Polivy

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Harmonizing The Japanese Patent Sytem With Its U.S. Counterpart Through Judge-Made Law: Interaction Between Japanese And U.S. Case Law Developments, Toshiko Takenaka

Washington International Law Journal

Japanese jurisprudence has been strongly influenced by German jurisprudence, but this trend is changing because more legal professionals including judges, patent attorneys and patent office examiners study at U.S. Law Schools. Some recent Japanese court decisions reflect this strong influence from U.S. jurisprudence. Particularly, the influence is significant in the field of patent claim interpretation, courts' power to review the validity, parallel importation and patent infringement damages. This article concludes that there are few significant differences remaining between the U.S. and Japanese patent laws, and Japanese courts' eagerness to adopt U.S patent law significantly contributes to harmonizing the remaining differences.

Left To One’S Devices: Congress Limits Patents On Medical Procedures, Brett G. Alten

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Determining A Proper Test For Inherent Distinctiveness In Trade Dress, Michele A. Shpetner

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Patent & Trademark Depository Library Association Newsletter

Journal of the Patent and Trademark Resource Center Association

No abstract provided.

From Patchwork To Network: Strategies For International Intellectual Property In Flux, Paul E. Geller

Vanderbilt Journal of Transnational Law

Laws of intellectual property define what is bought and sold on media and technology markets, notably works, trademarks, and inventions. Laws and treaties have traditionally been made and enforced by nation-states operating in a patchwork of territories. Now, the media and technology marketplace is being globalized in digital networks. The law is only beginning to respond to this change.

To analyze this process in the field of intellectual property, this Article will consider the following questions: First, how is the patchwork of national laws lagging behind new networks in this field? Second, how does the international regime of intellectual property …

Asserting Copyright's Democratic Principles In The Global Arena, Neil W. Netanel

Vanderbilt Law Review

In a seeming blink of an eye, international bodies applying international law have effectively become the arbiters of domestic copyright law. World Trade Organization ("WTO") dispute settlement panels may now determine whether a nation's copyright law comports with the newly adopted Agreement on Trade-Related Aspects of Intellectual Property ("TRIPS"),' and may authorize trade sanctions upon a finding of non-compliance. Of like import, the United Nations' World Intellectual Property Organization ("WIPO") increasingly serves as a favored venue for copyright industry and user groups to further their legislative agendas. Recent WIPO treaties have accordingly set the tone for proposed domestic legislation designed …

The Unpredictable Scope Of The Waiver Resulting From The Advice-Of-Counsel Defense To Willful Patent Infringement, Jared S. Goff

BYU Law Review

No abstract provided.

Procd, Inc. V. Zeidenberg: The End Does Not Justify The Means In Federal Copyright Analysis, Brett L. Tolman

BYU Law Review

No abstract provided.

Privacy On-Line: Washington Report, Nicholas W. Allard

UC Law SF Communications and Entertainment Journal

Over the last year there have been significant developments marking the emergence of a framework for national and international policy relating to privacy on the Internet and World Wide Web. This Article details recent cyberpolicy activities in Washington, including the Clinton Administration's 1997 White Paper, which outlines the Administration's strategy for fostering business and consumer confidence in global electronic commerce. This Article also discusses recent Federal Trade Commission guidelines for regulation and developments relating to privacy on-line in the European Union. This Article summarizes proposed legislation in the areas of both encryption and privacy.

Should Congress Regulate Cyberspace, Greg Y. Sato

UC Law SF Communications and Entertainment Journal

The Internet has undergone an amazing transformation in recent years. It has evolved from being a medium used exclusively by "techies" to one of general public consumption and utility. Because of this increased interest in and use of the Internet, cyberspace is quickly becoming an important forum for communication and commerce.

This Note discusses the history of the Internet, what makes it unique, and the current state of the law relating to cyberspace. This Note also examines the issue of whether congressional regulation of the Internet is needed. The author suggests that some intervention by Congress is needed because current …

Setting The Standard: Problems Presented To Patent Holders Participating In The Creation Of Industry Uniformity Standards, David M. Schneck

UC Law SF Communications and Entertainment Journal

This Note examines the problems that arise when the owner of proprietary rights participate in the setting of open industry uniformity standards. These open standards typically include patented technology, sometimes due to the participation of the patent owners in developing the industry standard. Often, standards development committees require disclosure of patents held by participants. After widespread adoption of the standard occurs, the patent owners then face the dilemma of either abandoning some part of their patents or attempting to enforce their patents in courts inclined to hold them estopped. This Note discusses recent developments in this area, including judicial hostility …

Jazzing Up The Copyright Act - Resolving The Uncertainties Of The United States Anti-Bootleggin Law, Susan M. Deas

UC Law SF Communications and Entertainment Journal

With the addition of Section 1101 to United States copyright law, the United States Congress did more than just attempt to bring United States law into compliance with its obligations under TRIPs. By allowing live musical performers to seek remedies against anyone who, without performers' consent, commits Section 1101 subject acts, such as fixation of the sounds or sounds and images of the performers' live musical performance, Congress granted a type of protection of well-nigh constitutional significance. That is, Congress granted protection to unfixed material-an enactment that departs from the traditional interpretation of the Copyright Clause power as permitting congressional …

Licensed To Kill: The Battle Between Patent And Antitrust In Monopoly Leveraging Cases, David A. Schnider

UC Law SF Communications and Entertainment Journal

This note puts a new spin on a longstanding subject of scholarship and controversy in the law: the conflict between the patent and antitrust laws in the United States. The author examines this conflict in the context of monopoly leveraging cases. Since patents are a unique and powerful tool that companies use to gain advantage in the marketplace, they seem to allow the owner to engage in behavior which amounts to monopoly leveraging. However, such conduct is prohibited under the antitrust laws, specifically by Section 2 of the Sherman Act. If a patent exists to give its owner certain commercial …

Type No Evil: The Proper Latitude Of Public Educational Institutions In Restricting Expressions Of Their Students On The Internet, Garner K. Weng

UC Law SF Communications and Entertainment Journal

In this article, Mr. Weng discusses the growing problem of regulation and suppression by academic institutions of offensive or political communications transmitted by students over the Internet. The article explores the traditional powers of schools to regulate student communication and attempts to define what types of regulations are legally permissible. The article also examines the cases which do not fall into this traditional category, which are subject to a standard First Amendment analysis, and argues that the fact that this conduct involves Internet communications does not require a different standard than is used for other forms of media communication. Mr. …

Internet Telephony - The Regulatory Issues, Hank Intven, Mark Zohar, Jay Howard

UC Law SF Communications and Entertainment Journal

No abstract provided.

The College Bowl Alliance And The Sherman Act, Lafcadio Darling

UC Law SF Communications and Entertainment Journal

This Note examines the factual features of the college football Bowl Alliance and analyzes the antitrust issues that they raise. Ultimately, this Note discusses whether a court would find that the Bowl Alliance does indeed cross the line drawn by the Sherman Act.

Chinese Patent Law And Patent Litigation In China, Xiang Wang

Maryland Series in Contemporary Asian Studies

No abstract provided.

Censorship In Chinese Cinema, Mary Lynne Calkins

UC Law SF Communications and Entertainment Journal

With any film or play produced in China receiving close government scrutiny at each step of production, this article examines censorship in Chinese cinema in an attempt to make sense of a tradition of sometimes seemingly arbitrary decisions by the authorities. Film, as a particularly visible and communicative media, is particularly subject to governmental interference, and the Chinese government has exploited that vulnerability to the fullest. This article attempts to demonstrate that China takes a similar approach to film censorship as it does to contracts, in the sense that censorship involves continual "negotiations" rather than binding agreement, and in the …

Everybody's Got Something To Hide Except Me And My Patented Monkey: Patentability Of Cloned Organisms, 16 J. Marshall J. Computer & Info. L. 971 (1998), Timothy G. Hofmeyer

UIC John Marshall Journal of Information Technology & Privacy Law

The advent of patent protection for genetically engineered inventions occurred in 1980 with the landmark Supreme Court decision in Diamond v. Chakrabarty. Following the lead of the Supreme Court, the Patent and Trademark Office ("PTO"), in 1987, issued a new regulatory ruling that expanded the PTO's statutory interpretation of 35 U.S.C. § 101 patentable subject matter to include devices based upon nonnatural occurring manufacture or composition of matter resulting from some level of human intervention in the modification of nonhuman organisms. One year following the PTO proclamation, the first patent for a transgenic animal issue to Professors Leder and Stewart …

Lost In Cyberspace: The Digital Demise Of The First-Sale Doctrine, 16 J. Marshall J. Computer & Info. L. 825 (1998), Keith Kupferschmid

UIC John Marshall Journal of Information Technology & Privacy Law

The Internet offers a means to create, copy and distribute copyrighted works of a quality and in a volume that was simply unknown before the World Wide Web was developed. A single Web page can be viewed by any of the millions of people with Internet access anywhere around the world, and "viewed" in terms of the Internet necessarily means "copied." This presents a problem when considered in the light of the First-Sale doctrine, which is part and parcel of § 109 of the Copyright Act. The doctrine allows a person to make a single copy of a copyrighted work …