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Articles 1 - 30 of 78
Full-Text Articles in Law
Copyright's Empire: Why The Law Matters, Alina Ng
Copyright's Empire: Why The Law Matters, Alina Ng
Marquette Intellectual Property Law Review
Previous intellectual property literature demands a balance between incentives to produce for the creator of a work and access to information, knowledge, and content by the users. However, law and economics jurisprudence does not provide compelling arguments to support the notion that the copyright monopoly is the most efficient way to maximize public welfare by promoting the works of authors. The social cost from expansion of private rights is nonexistent because market structures change as technologies develop, providing society with increased accessibility to creative works. Accordingly, copyright laws need to expand as technology develops in order to realize a fair …
The Extended Protection Of "Strong" Trademarks, Nicola Bottero, Andrea Mangani, Marco Ricolfi
The Extended Protection Of "Strong" Trademarks, Nicola Bottero, Andrea Mangani, Marco Ricolfi
Marquette Intellectual Property Law Review
Economic investment in trademarks is not necessarily indicative of product quality, as trademark protection does not provide incentive for continuous product quality improvement. The authors begin their analysis by exploring the function of trademarks from the perspectives of traditional law and economics. Such an analysis points to a conflict between the legal and economic interpretation of the function of trademarks. Particularly, the authors suggest that the traditional economic perspective of trademarks fails to justify the legal existence of strong brands and their extensions. This argument is tested through the review of advertising, brand extension, and product quality literature. The authors …
Intellectual Property, Competition Rules, And The Emerging Internal Market: Some Thoughts On The European Exhaustion Doctrine, Guido Westkamp
Intellectual Property, Competition Rules, And The Emerging Internal Market: Some Thoughts On The European Exhaustion Doctrine, Guido Westkamp
Marquette Intellectual Property Law Review
Although the European intellectual property law concept of the doctrine of exhaustion appears superficially straightforward, uncertainty as to its doctrinal foundations remains. The author explores the status of the doctrine, its interpretation and scope within European Community law, and the pertinent issues regarding the doctrine in relation to both domestic and cross-border issues. The complex structure of the doctrine of exhaustion has made it difficult to formulate more refined rules governing licensing provisions restricting the free circulation of goods. The result of this analysis indicates conflict between the freedom to provide goods and services under European Community law and classifying …
Finding Common Ground In The World Of Electronic Contracts: The Consistency Of Legal Reasoning In Clickwrap Cases, Robert Lee Dickens
Finding Common Ground In The World Of Electronic Contracts: The Consistency Of Legal Reasoning In Clickwrap Cases, Robert Lee Dickens
Marquette Intellectual Property Law Review
Courts reviewing the enforceability of clickwrap agreements have relied upon the case law surrounding shrinkwrap cases in formulating their decisions. The author concludes that the legal reasoning behind the various clickwrap decisions has been relatively consistent, despite arguments made to the contrary. The author also asserts that clickwrap agreements are a legitimate form of contracting, and that objections to clickwrap are similar to objections to other forms of contracts.
Creating Consumer Confidence Or Confusion? The Role Of Product Certification In The Market Today, Mark R. Barron
Creating Consumer Confidence Or Confusion? The Role Of Product Certification In The Market Today, Mark R. Barron
Marquette Intellectual Property Law Review
Product conformity assessment system changes in various countries have impacted the role of certification marks. The author explores whether the perceived value of product certification marks can sustain their high costs. The author further emphasizes the need, from both economic and legal perspectives, for manufacturers to implement global compliance strategies to ensure compliance with applicable regulations, selection of proper certification marks, and an efficient path through the conformity assessment process.
Fixing Through Legislative Fixation: A Call For The Codification And Modernization Of The Staple Article Of Commerce Doctrine As It Applies To Copyright Law, Blake Evan Reese
Fixing Through Legislative Fixation: A Call For The Codification And Modernization Of The Staple Article Of Commerce Doctrine As It Applies To Copyright Law, Blake Evan Reese
Marquette Intellectual Property Law Review
Courts have misinterpreted and disagreed over how to apply relevant principles of patent law to copyright cases in an effort to strike a balance between protecting copyright holders' rights without restricting innovation. The author argues that courts have inflicted damage upon the balance of copyright's competing policies, leaving copyright owners and technology innovators facing great uncertainty. The author's Comment addresses the development of the Staple Defense and the logical reasoning supporting a new legislative proposal.
Why Do We Have Trade Secrets?, Michael Risch
Why Do We Have Trade Secrets?, Michael Risch
Marquette Intellectual Property Law Review
Trade secrets are arguably the most important and most litigated form of intellectual property. This article explores the history of trade secret law in the United States and examines why it is that every state has opted to protect secret information, even though such protection is antithetical to the policies of access associated with patent law and non-protection of facts associated with copyright law.
Gone In A Blink: The Overlooked Privacy Problems Caused By Contactless Payment Systems, Shane L. Smith
Gone In A Blink: The Overlooked Privacy Problems Caused By Contactless Payment Systems, Shane L. Smith
Marquette Intellectual Property Law Review
The use of RFID technology in contactless payment devices presents an expanding menu of challenges and concerns to privacy advocates. While rapid, creative advances have been made by contactless payment system issuers, neither privacy advocates nor lawmakers have used the same creative visions to address the privacy problems caused by contactless payment systems. The author proposes a legislative response to address privacy concerns without stifling technological developments.
A Study Of Division I Assistant Football And Mens' Basketball Coaches' Contracts, Martin J. Greenberg, Jay S. Smith
A Study Of Division I Assistant Football And Mens' Basketball Coaches' Contracts, Martin J. Greenberg, Jay S. Smith
Marquette Sports Law Review
No abstract provided.
Educational Athletic Employment And Civil Rights: Examining Discrimination Based On Disability, Age, And Race, Diane Heckman
Educational Athletic Employment And Civil Rights: Examining Discrimination Based On Disability, Age, And Race, Diane Heckman
Marquette Sports Law Review
No abstract provided.
Technical Foul: David Stern's Excessive Use Of Rule-Making Authority, Brent D. Showalter
Technical Foul: David Stern's Excessive Use Of Rule-Making Authority, Brent D. Showalter
Marquette Sports Law Review
No abstract provided.
Entertainment Law In The State Of Wisconsin, Paul M. Anderson
Entertainment Law In The State Of Wisconsin, Paul M. Anderson
Marquette Sports Law Review
No abstract provided.
2006 Annual Survey: Recent Developments In Sports Law, Megan Ryther
2006 Annual Survey: Recent Developments In Sports Law, Megan Ryther
Marquette Sports Law Review
No abstract provided.
International Copyright Law And Litigation: A Mechanism For Improvement, Roberto Garza Barbosa
International Copyright Law And Litigation: A Mechanism For Improvement, Roberto Garza Barbosa
Marquette Intellectual Property Law Review
This article outlines the challenges of international copyright litigation and considers rights and remedies available under TRIPs and the laws of various national copyright statutes. To keep pace with new technology, the author proposes a mechanism for the enforcement of existing rights around the world, while counter the prevailing problems of the ease of infringement and expense of enforcement.
The Proper Scope Of Patentability In International Law, Shawn J. Kolitch
The Proper Scope Of Patentability In International Law, Shawn J. Kolitch
Marquette Intellectual Property Law Review
Patent law encourages innovation, but the harm caused by some inventions may outweigh the benefits of disclosure. This article examines the environmental and public health consequences of patent laws around the world and argues that the patent incentive should be selectively removed to mitigate the harmful effects of granting patents without regard to the invention-specific impacts of doing so.
What Is Patentable Subject Matter? The Supreme Court Dismisses Labcorp V. Metabolite Laboratories, But The Issue Is Not Going Away, Sue Ann Mota
Marquette Intellectual Property Law Review
Patent law seeks to strike a balance regarding patentable subject matter between overprotection, which can impede the free exchange of ideas, and under-protection, which can lessen the incentive to invent. This article summarizes the Supreme Court's recent decision to dismiss Laboratory Corporation of America Holdings v. Metabolite Laboratories, Inc., passing on the opportunity to consider the issue of what constitutes patentable subject matter under the Patent Act, and the author outlines recommendations for when the issue is raise by future litigants.
Breaking The Law To Break Into The Black: Patent Infringement As A Business Strategy , Eric C. Wrzesinski
Breaking The Law To Break Into The Black: Patent Infringement As A Business Strategy , Eric C. Wrzesinski
Marquette Intellectual Property Law Review
Corporations and businesses make important decisions everyday that affect their financial viability and market image. This article analyzes the phenomenon of patent infringement, considering whether firms consciously decide to infringe certain patents as a sound business strategy, or whether such cases arise spontaneously due to incomplete and careless research of prior art by infringing firms. The author considers the extent to which patent infringement may remain an effective business strategy for technology-producing firms, even when not employed willfully, due to the inadequate deterrence function of current U.S. patent laws.
Index: Sports Law In Law Reviews And Journals, James M. Swiatko, Jr.
Index: Sports Law In Law Reviews And Journals, James M. Swiatko, Jr.
Marquette Sports Law Review
No abstract provided.
Table Of Contents For Volume 90, Number 3, Marquette University
Table Of Contents For Volume 90, Number 3, Marquette University
Marquette Law Review
No abstract provided.
Forward: Reappraising The Wisconsin Constitution, Michael K. Mcchrystal
Forward: Reappraising The Wisconsin Constitution, Michael K. Mcchrystal
Marquette Law Review
No abstract provided.
What Is "Fair" Partisan Representation, And How Can It Be Constitutionalized? The Case For A Return To Fixed Election Districts, James A. Gardner
What Is "Fair" Partisan Representation, And How Can It Be Constitutionalized? The Case For A Return To Fixed Election Districts, James A. Gardner
Marquette Law Review
No abstract provided.
Constitutional Isolationism And The Limits Of State Separation Of Powers As A Barrier To Interstate Compacts, Jim Rossi
Marquette Law Review
No abstract provided.
Wisconsin's Chief Legislator: The Governor's Partial Veto Authority And The New Tipping Point, Benjamin W. Proctor
Wisconsin's Chief Legislator: The Governor's Partial Veto Authority And The New Tipping Point, Benjamin W. Proctor
Marquette Law Review
No abstract provided.
The Fraud In The Inducement Exception To The Economic Loss Doctrine, Ralph C. Anzivino
The Fraud In The Inducement Exception To The Economic Loss Doctrine, Ralph C. Anzivino
Marquette Law Review
No abstract provided.
Table Of Contents For Volume 91, Number 1, Marquette University
Table Of Contents For Volume 91, Number 1, Marquette University
Marquette Law Review
No abstract provided.
Introduction: Dispute Resolution In Criminal Law, Michael M. O'Hear, Andrea Kupfer Schneider
Introduction: Dispute Resolution In Criminal Law, Michael M. O'Hear, Andrea Kupfer Schneider
Marquette Law Review
No abstract provided.
Charge Movement And Theories Of Prosecutors, Ronald F. Wright, Rodney L. Engen
Charge Movement And Theories Of Prosecutors, Ronald F. Wright, Rodney L. Engen
Marquette Law Review
No abstract provided.