Law Commons^™

Post Expiration Royalty Payments And Mandatory Package Licensing As Patent Misuses, Thomas C. Sickman

Villanova Law Review (1956 - )

No abstract provided.

Duration, The Manufacturing Clause, And The Jukebox Exemption Under The Present Copyright Law And The Proposed 1965 Revision, Thomas R. Emerson

Kentucky Law Journal

No abstract provided.

Sections 184 And 185 Of The Invention Secrecy Act--An Ambiguous And Unnecessary Obstruction To Foreign Patenting, Michigan Law Review

Michigan Law Review

Several recent decisions have revealed an ambiguity in sections 184 and 185 of the Invention Secrecy Act. Section 184 allows the filing of a patent application in a foreign country only upon receipt of a license from the Patent Commissioner or after the expiration of a six-month period which begins when the application is submitted to the United States Patent Office for examination. If this section is violated inadvertently by unlicensed foreign filing within six months of the filing in the United States Patent Office, the Patent Commissioner is empowered to issue a license that retroactively validates the prior foreign …

Television Sponsor And Advertising Agency Held Vicariously Liable For Copyright Infringement--Davis V. E.I. Dupont De Nemours & Co., Michigan Law Review

Michigan Law Review

DuPont sponsored a dramatization of Edith Wharton's novel Ethan Frome presented by the CBS television network. Petitioner claimed an infringement of his earlier copyrighted dramatization of the same novel and sought a declaration of liability against CBS, the producer of the program, DuPont, and its advertising agency, Batten, Barton, Durstine & Osborn, Inc. (BBDO). Although DuPont and BBDO were notified before the performance of the possibility of copyright infringement liability and could have stopped the producers from using petitioner's play, they made no attempt to interfere. In petitioner's action in the federal district court, DuPont and BBDO contended that they …

Mandatory Package Licensing As Patent Misuse

Washington and Lee Law Review

No abstract provided.

Territorial Trademark Rights And The Antitrust Laws, Richard F. Dole

Michigan Legal Studies Series

Trademarks are devises used by business men to distinguish their goods from those of others. The utility of trademarks to purchasers lies in the identification of different lines of merchandise by different trademarks. On the other hand, perhaps the greatest advantage of trademarks to business derives from the connotations associated with marks by skillful advertising. Legal protection of trademark rights thus has a dual aspect: preventing others from copying marks both guards the identification function of trademarks and maintains exclusive rights in the commercial value of trademarks created by advertising. A Senate committee described the hybrid nature of trademark protection …

Trade Secret Piracy, Martin A. Levitin

Cleveland State Law Review

In their handling of trade secret cases, courts should take care that they do not make the discoveries of corporate research unprotectable and of insufficient value to warrant further private research expenditure. On the other hand, they must take care not to bar engineers and scientists from changing jobs, as a punishment for their own productivities and abilities-a modern form of intellectual involuntary servitude.

Some Aspects Of Trade Secrets And Their Protection: The Public Domain And The "Unified Description" Requirement, R. M. Cummings

Kentucky Law Journal

No abstract provided.

Tying Arrangement With Trademark As The Tying Item Is Not A Per Se Violation Of The Antitrust Laws-Susser V. Carvel Corp., Michigan Law Review

Michigan Law Review

Several independent franchised soft ice-cream outlets brought suit for treble damages against Carvel Corporation, the franchising company, alleging that the contract between them constituted an illegal tying arrangement in violation of section 3 of the Clayton Act and sections 1 and 2 of the Sherman Act. The contract bound the dealers to purchase from Carvel-appointed suppliers all commodities sold as part of the retail dairy composite. Plaintiffs stipulated that they would rely on per se violations at trial. The district court found that the plaintiffs had failed to show the alleged violations and, in any case, the defendant had proved …

"Related" Claims Of Unfair Competition And Patent Infringement - River Brand Rice Mills, Inc. V. General Foods Corp.

Maryland Law Review

No abstract provided.

The Protection In Japan Of Inventions By Employees During The Course Of Their Employment, Bunzo Takino, Ward M. French

Washington Law Review

This article will explain the principles involved in article 35 of the Patent Law of Japan, as revised in 1959, dealing with employee inventions in Japan. The history of the revisions which have produced the present article will be discussed, then an interpretation of article 35 will be made, and finally an analysis and criticism of this article through a comparison with foreign laws will be provided.

Copyrights-Limitations On Proprietor's Exclusive Right To Vend, David M. Ebel

Michigan Law Review

Plaintiff was the sole proprietor of copyrights on several educational toys. It had ordered a large number of these toys to be made by defendant manufacturer, but refused to accept them when tendered, claiming they were so defective in quality that their sale would impair plaintiff's reputation. When defendant manufacturer began selling the rejected toys to the co-defendants in order to recover its own investment in them, the plaintiff obtained a temporary restraining order against all defendants prohibiting further sales of the toys pending a determination of a motion for permanent injunction. The district court granted a preliminary injunction of …

Copyrights-Liabilty Of Store Owner For Sale Of Infringing Phonograph Records By Concessionaire, Terrence L. Croft

Michigan Law Review

Defendant H. L. Green Company licensed defendant Jalen Amusement Company as concessionaire of the record departments in twenty-three of its stores. The licensing agreement required Jalen's employees to follow all Green's rules and regulations and empowered Green to discharge any employee found to be conducting himself improperly. The gross receipts of the record department were collected by Green, Jalen receiving only the amount remaining after deductions for the license fee, salaries, and taxes. Although Jalen ordered and paid for the records and its employees made all the sales, record purchasers were unaware of Jalen's autonomy in the record department. Plaintiff, …

Trademarks-Unfair Competition-Scope Of Federal Jurisdiction Under Section 43(A) Of The Lanham Act, Harry T. Edwards

Michigan Law Review

Plaintiff, a manufacturer and distributor of engine bearings and connecting rods for internal combustion engines, brought suit in a federal district court to enjoin the defendant from marketing and distributing the latter's products in containers which closely resembled those of the plaintiff, thereby falsely representing that the goods were produced by and originated with the plaintiff. The cause of action was based solely on section 43(a) of the Lanham Act. In dismissing the complaint, the district court ruled that any attempt to characterize the complaint as charging a "false description or representation" was without merit, and that "false designation of …

Federal Civil Procedure-Venue-Effect Of 1948 Judicial Code Definition Of Corporate Residence On Venue Under The Jones Act, Mary Mandana Long

Michigan Law Review

Plaintiff seaman, having been injured while serving on a vessel owned and operated by the defendant corporations, brought a civil action in federal district court alleging claims for negligence under the Jones Act, for unseaworthiness, and for maintenance and cure. The venue provision of the Jones Act requires that actions under it be brought in the district in which the defendant employer resides or in which his principal office is located. Plaintiff filed his complaint in the Western District of Pennsylvania although defendants were incorporated and maintained their principal offices in Louisiana. Defendants' motions to dismiss on the ground of …

Unfair Competition--Infringement Of A Trade Name, William Walter Smith

West Virginia Law Review

No abstract provided.

Antitrust Laws And Public Policy In Relation To Patents, Raymond C. Nordhaus

Duquesne Law Review

The purpose of this paper is to briefly review, first, basic antitrust, misuse and other public policy considerations as they relate to patents and patent agreements, and secondly, techniques and related problems of correcting or purging illegal activities.

A Study Of The Version: A Reflection On The Copyright Law's Policy Of Protection, James M. Salony

Villanova Law Review (1956 - )

No abstract provided.

Product Imitation, John P. Diamond

Cleveland State Law Review

The wave of imitation sweeping through competitive American business has crowded the courts with unfair competition cases. The most recent and representative of these cases will be examined here.

Know-How Licensing And The Antitrust Laws, David R. Macdonald

Michigan Law Review

The purpose of this article is to re-analyze the present antitrust status of know-how licensing for the purpose of clarifying the extent of the protection which the exploiter of know-how may accord himself without abusing the public interest in unfettered competition.

Common Law Copyright Of Architectural Plans - Edgar H. Wood Ass'n, Inc. V. Skene, Michael S. Simon

Maryland Law Review

No abstract provided.

Patents-Patent Grant By Private Law-Constitutionality Of Grant After Expiration Of Time Limit, Stanley P. Wagner Jr.

Michigan Law Review

An army officer invented a radar system before World War II but was prevented from patenting it by his superior officers for security reasons. In 1945 his application for a patent was rejected because it was not filed within the time limit embodied in section 102(b) of the Patent Code.1 Congress, in 1950, enacted Private Law 10082 to waive the statutory time limit for the officer's patent application. The act provided that a patent should issue from the 1945 application if the invention .met all the other statutory requirements of the Patent Code. The act provided also that the patent …

Patents-Procedure-Applicability Of Invention Secrecy Act Where Government Use Of Invention Is Authorized, Thomas G. Dignan Jr.

Michigan Law Review

After extended negotiations, plaintiff entered into a contract with the United States for the development of a new model "hemisphere sight," a mock-up of which plaintiff had previously revealed to the Air Force. Acting upon a request by the Air Force, the Commissioner of Patents issued a secrecy order on the gun sight pursuant to provisions of the Invention Secrecy Act, thus preventing the issuance of a patent to the plaintiff. In order for the United States to have a second source of supply for the sights, the plaintiff revealed its engineering information to another manufacturer upon governmental request to …

Patents-Adjudication Of Validity In Infringement Cases Where Alternative Grounds For Dismissal Exist, Walter A. Urick

Michigan Law Review

Petitioner's complaint alleging validity and infringement of his patent was dismissed by the trial court on the ground that petitioner had granted to respondent an implied license or "shop right." On appeal, petitioner claimed, among other things, error in the refusal of the trial court to rule on the questions of validity and infringement of the patent. Respondent moved to strike these claims from petitioner's statement of points on appeal. Held, motion denied. Failure of the trial court to pass on the questions of validity and infringement does not preclude the petitioner from arguing these issues on appeal. Kierulff …

Entertainment Title Duplication Cases: A Process Of Evolution

Indiana Law Journal

No abstract provided.

Patent Law-Reissue Patents-Application Of Public Use And Sale Bar: Section 102(B), Robert V. Seymour

Michigan Law Review

Patentee applied for an original patent, defining a shelving unit; the patent was issued twenty-two months subsequent to the date of application. Less than two months later, application for a reissue patent was filed, describing and claiming a change in the dimensions of a given surface from "greater than one-half' to "greater than one-third" the height of a prescribed standard. The reissue patent was awarded eight months after the application for reissue. Patentee subsequently assigned the reissue to plaintiff corporation. Plaintiff brought suit for infringement, and defendant moved for summary judgment on the ground that the reissue was invalid because …

Patents--Prior Publication-Application Of Section 102(B) To Plant Patents, Ira J. Jaffe S.Ed.

Michigan Law Review

Appellant applied for a plant patent on two roses which he had developed. The Patent Office Board of Appeals affirmed the final rejection of the application on the basis of section 102(b) of the patent statute. Pictures and classifications of the varieties of roses sought to be patented had appeared in printed publications more than one year before appellant's application. On appeal, held, reversed. In order to bar issuance of a plant patent, a description in a printed publication must convey such knowledge as to place the invention within the public domain. In re LeGrice, 301 F.2d 929 …

Patents - Patentability Of Combinations - Unobvious Subject Matter Under 35 U.S.C. § 103

Duquesne Law Review

Unobvious Subject Matter Under 35 U.S.C. § 103.-Unobvious results are evidence of patentability in a combination but unexpected results which are inherent from an obvious structure do not satisfy this requirement.

In Re Alford, 300 F.2d 929, 133 U.S.P.Q. 281 (C.C.P.A. 1962); certiorari denied, 83 S. Ct. 255.

Is Choreography Copyrightable?: A Study Of The American And English Legal Interpretations Of "Drama", Robert Freedman

Duquesne Law Review

Dance, as well as music, may be reduced to writing. Movement may be recorded in Labanotation, which is a system of symbols by which the motion of each and every part of the human body, in its relationship to time and space, may be set down on paper. In 1952, Hanya Holm's labanotated choreographic score for the musical play, Kiss Me, Kate, was accepted by the United States Copyright Office for registration with a claim of copyright. Choreographic works may also be recorded by notation, symbols and diagrams different from the Laban system, drawings or pictures, or by language …

Community Antenna Service-Unfair Competition? - Intermountain Broad. & T.V. Corp. V. Idaho Microwave,Inc., John T. Joseph

Maryland Law Review

No abstract provided.