Law Commons^™

Brunette Machine Works Ltd, V. Kockum Industries, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

Deepsouth Packing Co. V. Laitram Corp., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

The Allocation Of Jurisdiction Between State And Federal Courts In Patent Litigation, Donald Shelby Chisum

Washington Law Review

A proper jurisdictional balance between state and federal court systems has long been a goal of federal statutes granting jurisdiction over patent matters to the federal courts. Prompted by the recent decision of the United States Court of Appeals for the Ninth Circuit in Koratron Co. v. Deering Milliken, Inc., Professor Chisum considers the general problem of the jurisdiction of federal and state courts over cases concerning questions of federal law and then focuses on the specific problem of jurisdiction over cases involving federal patent law. The article begins with a discussion of the history of statutes granting patent jurisdiction …

Crime And Information Theory, By M. A. P. Willmer, Robert L. Birmingham, Carolyn S. Birmingham

Indiana Law Journal

No abstract provided.

The Viability Of Trade Secret Protection After Lear V. Adkins, Barry H. Feinberg

Villanova Law Review (1956 - )

No abstract provided.

Common Law Copyright, And Conversation, Frank J. Nawalanic

Cleveland State Law Review

Assume that "A" is a well known author and literary figure and that "B" is an author in his own right, but far less known than "A". "A" and "B" meet socially and engage in a stimulating conversation wherein thoughts and ideas are freely expressed and conclusions drawn. Sometime thereafter, "B" publishes excerpts from this conversation and "A" strongly desires to prevent such from being published and receiving publicity. To prevent publication of their conversation, "A" could proceed against "B" under several different causes of action. He could possibly allege breach of a fiduciary relationship, breach of implied contract, invasion …

Patent-Antitrust Law: A New Theory, Martin J. Adelman, Robert P. Jaress

Law Faculty Research Publications

No abstract provided.

Principal Trademark Registration And Patent Policy: An Inherent Conflict Which Requires Denial Of Registration To Container Designs, Thomas R. Hendershot

Villanova Law Review (1956 - )

No abstract provided.

Recent Cases, Journal Staff

Vanderbilt Journal of Transnational Law

Plaintiff, a West German foundation, sued to enjoin infringement of United States trademarks by defendant, an East German "peoples-owned enterprise." The original Carl Zeiss Stiftung was created at Jena in 1889 with the required approval of the Duchy of Saxe-Weimar-Eisenach for the purpose of owning and operating an optical business for profit. In 1945, before Jena became part of the Soviet Zone, United States military authorities evacuated all members of the Zeiss Board of Management, as well as key personnel, to Heidenheim, Wuerttemberg, in the United States zone. In 1948, the Soviet Union expropriated all Zeiss assets in Jena, including …

Some Recent American Developments In The Protection Of Know-How, William D. Hawkland

Buffalo Law Review

No abstract provided.

Current Problems Of American Companies That Permit Use Of Their Corporate Names And Trademarks Overseas, Lawrence F. Ebb

Buffalo Law Review

No abstract provided.

Note—An Interesting Decision On The International Status Of Trademarks, Ugo Draetta

Buffalo Law Review

No abstract provided.

The Fourth Dimension In Labeling: Trademark Consequences Of An Improper Label - Part Ii, Thomas G. Field Jr.

Law Faculty Scholarship

Where does the trademark user stand today? What should he do? Perhaps he should review all his labeling in the very near future to try to catch any heretofore missed improprieties therein. If he should miss one or two, however, will his valuable trademarks be regarded as ab initio invalid? Will they be cancelled, pirated away, refused enforcement or what?

in an attempt to answer those questions, it seems worthwhile to synthesize the law that has been heretofore covered, and, perhaps, try to condense it into a few meaningful principles by which the trademark user may be guided.

The Fourth Dimension In Labeling: Trademark Consequences Of An Improper Label - Part I, Thomas G. Field Jr.

Law Faculty Scholarship

As indicated by the title, this is an inquiry into the trademark ramifications of labeling. Certain kinds of conduct may well result in cancellation of federal rights in trademark registration. This is equally true with respect to trademark application for registration. It is therefore useful to consider at the outset the impact that improper labeling may have on a party's right to register. Most unfortunately, if [a] label defect is not detected in the registration process, or if there is substantial delay between commencement of use of the mark and attempted registration, a party may find his rights seriously compromised. …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Accountants--Auditors--Compliance with General Accounting Principles Not a Complete Defense To Criminal Fraud

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Administrative Law--Standing to Challenge Administrative Actions--Anyone Arguably Protected by Statute May Sue

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Constitutional Law--Abortion--Standard Excepting Abortions Done as "Necessary for the Preservation of the Mother's Life or Health" Held Unconstitutionally Vague

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Constitutional Law--Civil Rights--Discrimination by a Third Party in Connection with the Rental of Property Entitles the Injured Party to a Private Right of Damages Under Section 1982

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Constitutional Law--Double Jeopardy--Benton v. Maryland Applies Retroactively to State Criminal Convictions

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Copyright--Unfair Competition--Unauthorized Reproduction of Another's Recording for Resale Violates State Unfair Competition Doctrine

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Trademarks: Prestige, Practice And Protection, Julius R. Lunsford, Jr.

Georgia Law Review

AMERICANS are trademark conscious people. Trademarks in- fluence our daily lives and symbolize our American system of free and competitive enterprise. We encounter them not only in the market place, but also in our work, in our play, in our reading, at the banks, at the theatre, on the highways, in every mode of transportation and in church. For example, after a refreshing sleep on his "Beautyrest" mattress, the average American male is awakened by the alarm of a "Westclox" clock. He arises and walks on the "Callaway" or "Barwick" carpet to the bathroom. He brushes his teeth with "Ipana" …

Ad Interim Copyright And The Manufacturing Clause: Another View Of The Candy Case, Dorothy M. Schrader

Villanova Law Review (1956 - )

No abstract provided.

Patents - Trade Secrets - Technical Data Use And Misuse By The U.S. Government, Harry M. Saragovitz

Villanova Law Review (1956 - )

No abstract provided.

Patent Drawing, John L. Byers

Graduate Research Papers

This study is concerned with an investigation of procedures and methods for patent drawings. Specifically, the study involves research in standards of acceptable patent drawings, their proper execution, necessary materials, type of training needed to become a patent draftsman, and the location of available source of training.

Foreign Income In The Music Industry, Leo Strauss, Jr.

Vanderbilt Journal of Transnational Law

The record and music industries have grown tremendously and have become much more sophisticated in recent years. At one time a music publisher merely listened to a song and if he liked it he acquired the copyright. A recording artist or a recording A & R man would record those songs that he happened to like. Those who were lucky had their share of hits. This normally does not work any more, although it does in certain localized contexts. The record industry is big business and spans national borders as well as continents, affecting and bringing into contact with each …

Books Received

University of Richmond Law Review

These are the books received by the Law School in 1970.

Attorney's Fees As An Element Of Costs: The Copyright Experience, E. K. Ii

Georgia Law Review

The amount of money frequently involved in copyright litigation, especially on the part of the defendant, is trifling. The expense of any litigation is considerable. Unless, therefore, some provision is made for financial protection to a litigant, if successful, it may not pay a party to defend rights, even if valid, a situation opposed to justice.... It is increasingly recognized that the person who forces another to engage counsel either to vindicate, or defend, a right should bear the expense of such engagement and not his successful opponent.

The Impact Of Sears And Compco On Federal Trademark And Patent Law, Nicholas J. Sargent

Buffalo Law Review

No abstract provided.

The Copyright Law And Its Relevance To Catv: Can An Old Dog Be Taught New Tricks, Alan R. Chase

Buffalo Law Review

No abstract provided.

Common Law Copyright In Spontaneous Oral Conversation, Paul M. Morley

William & Mary Law Review

No abstract provided.

The Copyright Law And Mechanical Reproduction For Educational Purposes, Frank Edward Jolliffee

West Virginia Law Review

No abstract provided.

Patents - Patentable Subject Matter, E. Kears Pollock

Duquesne Law Review

The Court of Customs and Patent Appeals has held that the mere fact that elements of a claimed method for the reduction of data may be accomplished using the mind or a general purpose digital computer properly programmed does not invalidate the claim as a process within the meaning of 15 U.S.C. § 101. The court has further raised substantial doubt as to the unpatentability of "mental step" claims generally and has applied the distinction of functions occurring in nature being accomplished by methods outside nature to mental functions.

In re Prater, United States Court of Customs and Patent Appeals, …

Apparatus And Method Patents - Function Of The Apparatus Objection - In Re Tarczy-Hornoch

Maryland Law Review

No abstract provided.

Music And Law: Copyrighting A Musical Idea, Irving B. Marks, Robert M. Phillips

Cleveland State Law Review

The law of music copyright, although now quite old, is still relatively young in its development and refinement when compared to other segments of the copyright law. The impediment in its progress is partially due to the technicalities inherent in the discipline itself, and also to the lack of musical sophistication on the part of most law making bodies. Modern day electronic developments in recording and storing sound will do much to facilitate and broaden the scope of the law. Its implementation through a Music-Legal Board of Experts could be the effective step needed in order to overcome the present …

Inventions And The Law Of Trade Secrets After Lear V. Adkins, Martin J. Adelman, Robert P. Jaress

Law Faculty Research Publications

No abstract provided.