Law Commons^™

Unfair Competition In Intellectual Products In The Public Domain, Marian R. Nathan

Cleveland State Law Review

A recent Federal District Court case , Grove Press, Inc. v. Collector's Publication, Inc., illustrates another attempt by our judiciary to find its way out of the immense entanglement of copyright infringement in statutory law and unfair competition in common law besetting properties in the public domain. Two 1964 United States Supreme Court decisions have further complicated the positions of both creators and judiciary.

Group Law Services In Patent Law, G. Franklin Rothwell

Cleveland State Law Review

If group legal services are to pervade the field of patent law, and in view of the UMW case and the activities of the unregistered patent practitioners, that I suspect is imminent, the most stringent safeguards should be specifically set forth, including the following: specific approvaland regulation by the Patent Office of the group, its modus operandi,and the patent practitioners participation; and stringent restrictions by the Patent Office of the groups' advertising and promotional activities, both written and outside the group. The Patent Office now has statutory authority to regulate registered practitioners, and some regulation could be accomplished in this …

Do Art Exhibitions Destroy Common-Law Copyright In Works Of Art, Randolph N. Jonakait

Articles & Chapters

No abstract provided.

Book Reviews, Law Review Staff

Vanderbilt Law Review

Since there has never been an era in which as much aggregate contemplation has been expended on the problems involved in the protection of literary property, Professor Patterson's book is both timely and important. The issues involved are being widely debated and discussed, but unfortunately much of the current discussion appears to be proceeding more from emotion, oratory, and vested concern than from detached and dispassionate logic. For this reason especially, the scholarly, sound history in Professor Patterson's new monograph is certain to be welcome, as it cuts through four centuries of continuing obfuscation and confusion and clarifies considerably the …

Copyright--Protection Denied To Verbal Expression Of Simple Subject Matter--Morrissey V. Proctor & Gamble Co., Michigan Law Review

Michigan Law Review

The plaintiff copyrighted a series of rules for a sales promotional contest in which contestants' social security numbers were used as the basis for a "sweepstakes." In 1959 he submitted the contest rules and game suggestions to several companies, including the defendant Procter & Gamble Company, to see if they were interested in using his scheme. The defendant failed to accept or even to respond to the plaintiff's solicitation. However, three years later Procter & Gamble initiated a "Shopping Fling Sweepstakes" which utilized contestants' social security numbers as the basic element of the game. Plaintiff brought an action for copyright …

Patent Infringement In Government Procurements: Gao's Role, J. Edward Welch

William & Mary Law Review

No abstract provided.

Current Tests Of Similarity In Infringement Proceedings, Paul E. Holtzmuller

William & Mary Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases --

Constitutional Law--Obscenity--Materials May Be Obscene for Minors without Being Obscene for Adults

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Constitutional Law--Standing-Federal Taxpayer Has Standing To Challenge Federal Expenditures Violating Specific Constitutional Prohibition

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Copyright--Telecommunication--CATY Carriage of Copyrighted Material Does not Constitute Infringement

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Criminal Law--Exclusion for Cause of Prospective Jurors With Scruples Against Death Penalty Violates Due Process

Rules Defining The Use Of Trade Terms In Patent Applications, F. Prince Butler

William & Mary Law Review

No abstract provided.

Unreduced Royalty Arrangements And Packaged Patents: An Improper Extension Of The Patent Monopoly?, Michigan Law Review

Michigan Law Review

This Comment will examine the merits of Brulotte and the propriety of extending its rule to the package licensing context. In order to do this it is necessary to consider the Brulotte and Rocform decisions in somewhat greater detail.

The Utility Requirement In Chemical Process And Chemical Intermediate Patent Claims, James K. Stewart

William & Mary Law Review

No abstract provided.

Copyright Pre-Emption And Character Values: The Paladin Case As An Extension Of Sears And Compco, Michigan Law Review

Michigan Law Review

Much of the confusion over copyright pre-emption that has followed in the wake of Sears and Compco may be due to a fundamental difference between the present patent and copyright acts. Unlike the patent law that was at issue in Sears and Compco, the federal Copyright Act provides that the states may in limited circumstances protect literary property through the doctrine of common-law copyright. Under section 2 of the Act, a state may prevent copying of a work so long as it remains "unpublished." An alternative ground of decision in Paladin was that, regardless of preemption under Sears and …

Fraud On The Patent Office: A Source Of Antitrust Litigation, Dennis P. Mankin

Duquesne Law Review

Recent decisions of the Supreme Court of the United States in Walker Process Equipment, Inc. v. Food Machinery and Chemical Corp., and the Court of Appeals for the Sixth Circuit in American Cyanamid Co. v. Federal Trade Commission, holding that fraud on the Patent Office may give rise to a hazard of liability under Section 2 of the Sherman Act and Section 5 of the Federal Trade Commission Act, raise several questions. It is the function of this paper to inquire into Patent Office procedure as it relates to possibilities for fraudulent conduct, and then to consider the …

Legal Perils Of Parody And Burlesque, Thomas Paul Demeter

Cleveland State Law Review

Parody and Burlesque as art forms, and their conflicts with the rights of the holder of the original copyrighted work, are subjects of interest to both the layman and the lawyer. To analyze the status of this conflict, several areas must be explored. The following discussion includes a consideration of the current copyright law as it applies to parody and burlesque, a history of parody and burlesque as a literary form, and significant United States cases dealing with the problems of the conflict.

Mechanical Copying, Copyright Law, And The Teacher, Nancy Schuster, Marc J. Bloch

Cleveland State Law Review

This article deals with the infringement problems encountered by a teacher in duplicating copyrighted material for his class. Since the teacher is the "real party in interest," we have attempted to avoid legalistic language (at least without explanation), so as to produce a paper to which the layman, as well as the lawyer may turn for understanding.

Copyrights -- Since Fictional Characters Fall Within The Scope Of Congressional Power Over Copyrights, Federal Policy Prohibits States From Protecting Published Characters That The Copyright Act Has Left In The Public Domain, Donald J. Weidner

Scholarly Publications

No abstract provided.

Copyrighting The New Music, Paul Goldstein

Buffalo Law Review

No abstract provided.

Jurisdiction--Foreign Patents--Jurisdiction Over Foreign Patent Claims, Michigan Law Review

Michigan Law Review

The territorial limitations of sovereignty have been held to preclude a country from giving extraterritorial effect to its patent laws, and, therefore, a patent confers rights which are protected only within the boundaries of the issuing country. Thus, United States and foreign patents, even when granted for the same invention, create separate and distinct rights which may differ in scope and effect in the respective countries. Concomitantly, courts have also held that a foreign patent confers upon its owner no rights or protection with respect to acts done in the United States.

Kaplan: An Unhurried View Of Copyright, W. Brown Morton Jr.

Michigan Law Review

A Review of An Unhurried View of Copyright by Benjamin Kaplan

The Misuse Doctrine And Post Expiration-Discriminatory-And Exorbitant Patent Royalties, Larry R. Fisher

Indiana Law Journal

No abstract provided.

Antitrust-Patents-Licenses-Regulation Of Patent License Royalty Rates Under The Antitrust Laws, Michigan Law Review

Michigan Law Review

Neither the Constitution nor federal legislation defines a patentee's licensing rights; consequently, it has devolved upon the courts to control patent marketing practices. A patentee is entitled to a limited monopoly on his invention, and proper use of this grant is not a violation of any law regulating trade practices. Yet licensing affords an opportunity to enlarge the scope of this monopoly, and courts using various rationales have declared illegal different forms of patent licensing arrangements found to be outside the protective coverage of the patent grant. Until recently, however, the courts have not dealt with the problem of whether …

Community Antenna Television—A Copyright Infringer, Anon

Washington Law Review

Plaintiff licensed its copyrighted motion pictures to a television broadcasting station. Defendant, a Community Antenna Television (CATV) System, received the station's broadcast, amplified the signal, and retransmitted it via coaxial cable to paying subscribers operating their own television sets in private homes and places of business. Plaintiff brought suit under the Copyright Act, alleging infringement on grounds that defendant had unlawfully performed plaintiff's copyrighted work. Held: Copyright protection of motion pictures extends to movies shown in private homes and places of business by means of CATV systems operated for profit. United Artists Television, Inc. v. Fortnightly Corp., 255 F. Supp. …

Community Antenna Television—A Copyright Infringer, Anon

Washington Law Review

Plaintiff licensed its copyrighted motion pictures to a television broadcasting station. Defendant, a Community Antenna Television (CATV) System, received the station's broadcast, amplified the signal, and retransmitted it via coaxial cable to paying subscribers operating their own television sets in private homes and places of business. Plaintiff brought suit under the Copyright Act, alleging infringement on grounds that defendant had unlawfully performed plaintiff's copyrighted work. Held: Copyright protection of motion pictures extends to movies shown in private homes and places of business by means of CATV systems operated for profit. United Artists Television, Inc. v. Fortnightly Corp., 255 F. Supp. …

A Divided Country In Foreign Courts-Recent Litigation Involving Germany's Legal Status And The Zeiss Stiftung, Herbert L. Bernstein

Michigan Law Review

The partition of countries in the wake of the second World War accounts for two Asian battlefields: Korea and Viet Nam. In Europe, where a dividing line was drawn through Germany, military hostilities have been avoided thus far. Instead, the controversies originating from that line are fought out at the conference table, through public and private media of communication, and in the courthouses.

Taxation Of The Treasures Of The Sea, John J. Kenny, Ronald R. Hrusoff

Villanova Law Review (1956 - )

No abstract provided.

Legal Basis For Precluding A Patent Examiner From Testifying

Indiana Law Journal

No abstract provided.

Trademarks-Successful Plaintiffs In Trademark Infringement Actions Under The Lanham Act May Not Recover Attorney's Fees-Maier Brewing Co. V. Fleischmann Distilling Corp., Michigan Law Review

Michigan Law Review

In an action for trademark infringement under the Lanham Act and for unfair competition, the District Court enjoined the defendant company from further use of the trademark and awarded the plaintiff $60,000 in attorney's fees. On appeal, held, reversed in part. The issuance of the injunction was upheld but the court declared that attorney's fees are not recoverable in trademark infringement cases prosecuted under the Lanham Act since Congress had not expressly provided for such awards.

A New Look At The European Patent: Limited Availability, Harold G. Maier

Vanderbilt Law Review

The promulgation of the Proposed Draft Convention relating to a European Patent Law in December 1962,' by the member states of the European Economic Community, and the continuing controversy surrounding it since that time have raised important questions for European and American businessmen. One of the most controversial is the extent to which the new patent should be made "available" to nationals of states not parties to the proposed Convention. This article examines the question of "availability" from the standpoint of the interests of the EEC and its member states. Its objective is to demonstrate that although the legal arguments …

Technical Trade Secrets And Former Employees - Space Aero Products Co. V. R. E. Darling Co.

Maryland Law Review

No abstract provided.

Literacy Titles - Copyrightable Or Trademarkable, Peter C. John

Villanova Law Review (1956 - )

No abstract provided.