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Mark Of The Devil: The University As Brand Bully, James Boyle, Jennifer Jenkins
Mark Of The Devil: The University As Brand Bully, James Boyle, Jennifer Jenkins
Fordham Intellectual Property, Media and Entertainment Law Journal
In recent years, universities have been accused in news stories of becoming “trademark bullies,” entities that use their trademarks to harass and intimidate beyond what the law can reasonably be interpreted to allow. Universities have also intensified efforts to gain expansive new marks. The Ohio State University’s attempt to trademark the word “the” is probably the most notorious. There has also been criticism of universities’ attempts to use their trademarks to police clearly legal speech about their activities. But beyond provocative anecdotes, how can one assess whether a particular university is truly bullying, since there are entirely legitimate reasons for …
Care For A Sample? De Minimis, Fair Use, Blockchain, And An Approach To An Affordable Music Sampling System For Independent Artists, Sean M. Corrado
Care For A Sample? De Minimis, Fair Use, Blockchain, And An Approach To An Affordable Music Sampling System For Independent Artists, Sean M. Corrado
Fordham Intellectual Property, Media and Entertainment Law Journal
Thanks, in part, to social media and the digital streaming age of music, independent artists have seen a rise in popularity and many musicians have achieved mainstream success without the affiliation of a major record label. Alongside the growth of independent music has come the widespread use of music sampling. Sampling, which was once depicted as a crime perpetrated by hip-hop artists, is now prevalent across charttopping hits from all genres. Artists have used sampling as a tool to integrate cultures, eras, and styles of music while experimenting with the bounds of musical creativity. Artists whose works are sampled have …
A Patent Reformist Supreme Court And Its Unearthed Precedent, Samuel F. Ernst
A Patent Reformist Supreme Court And Its Unearthed Precedent, Samuel F. Ernst
Fordham Intellectual Property, Media and Entertainment Law Journal
How is it that the Supreme Court, a generalist court, is leading a project of innovation reform in our times while the court of appeals established to encourage innovation is having its precedent stricken down time and again? This decade the Supreme Court has issued far more patent law decisions than in any decade since the passage of the Patent Act of 1952. In doing so, the Supreme Court has overruled the Federal Circuit in roughly threequarters of the patent cases in which the Supreme Court has issued opinions. In most of these cases, the Supreme Court has established rules …
Argh, No More Pirating America’S Booty: Improving Copyright Protections For American Creators In China, Johnathan Ling
Argh, No More Pirating America’S Booty: Improving Copyright Protections For American Creators In China, Johnathan Ling
Fordham Intellectual Property, Media and Entertainment Law Journal
The advent of the internet brought about revolutionary changes and challenges to the world. Internet piracy is one area which is presenting new challenges, particularly to copyright holders such as artists, filmmakers, and creators. China has been a hotbed of piracy and is home to the second highest number of file sharing infringers in the world. China has made strides to improve its copyright protection, such as implementing a copyright law in 1990, as well as joining the World Trade Organization and signing on to the Agreement on Trade-Related Aspects of Intellectual Property Rights, which specifies minimum levels of intellectual …
Towards A Jurisprudence Of Fashion, Susan Scafidi
Towards A Jurisprudence Of Fashion, Susan Scafidi
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
More Than An Academic Question: Defining Student Ownership Of Intellectual Property Rights, Kurt M. Saunders, Michael A. Lozano
More Than An Academic Question: Defining Student Ownership Of Intellectual Property Rights, Kurt M. Saunders, Michael A. Lozano
Fordham Intellectual Property, Media and Entertainment Law Journal
Intellectual property is increasingly important due to technology’s rapid development. The importance of intellectual property is also reflected within universities as traditional centers of research and expression, where students and faculty are encouraged to develop inventions and creative works throughout the educational experience. The commercialization potential of the intellectual property that emerges from these efforts has led many universities to adopt policies to determine ownership of intellectual property rights. Many of these policies take different approaches to ownership, and most students are unaware of their rights and are unlikely to consider whether the university has a claim to ownership. The …
Intellectual Property And The Prisoner’S Dilemma: A Game Theory Justification Of Copyrights, Patents, And Trade Secrets, Adam D. Moore
Intellectual Property And The Prisoner’S Dilemma: A Game Theory Justification Of Copyrights, Patents, And Trade Secrets, Adam D. Moore
Fordham Intellectual Property, Media and Entertainment Law Journal
In this article, I will offer an argument for the protection of intellectual property based on individual self-interest and prudence. In large part, this argument will parallel considerations that arise in a prisoner’s dilemma game. In brief, allowing content to be unprotected in terms of free access leads to a sub-optimal outcome where creation and innovation are suppressed. Adopting the institutions of copyright, patent, and trade secret is one way to avoid these sub-optimal results.
Hacking Trademark Law For Collaborative Communities, Yana Welinder, Stephen Laporte
Hacking Trademark Law For Collaborative Communities, Yana Welinder, Stephen Laporte
Fordham Intellectual Property, Media and Entertainment Law Journal
Collaborative communities create popular work with widely recognized brands, such as Wikipedia, Linux, Android, and Firefox. Trademark law can provide protections to members of these communities and the users of their products so that they can rely on the brands to identify the original projects. This Article explores the conflict between collaborative communities and trademark law. While collaborative communities thrive on openness and decentralization, trademark law requires centralized quality control and various formalities. This Article introduces a descriptive taxonomy of “hacks” that collaborative communities have used to try to mitigate the tensions between their values and trademark law. These hacks …
Toward A Limited Right Of Publicity: An Argument For The Convergence Of The Right Of Publicity, Unfair Competition And Trademark Law, Andrew Beckerman-Rodau
Toward A Limited Right Of Publicity: An Argument For The Convergence Of The Right Of Publicity, Unfair Competition And Trademark Law, Andrew Beckerman-Rodau
Fordham Intellectual Property, Media and Entertainment Law Journal
The right of publicity — the most recently developed type of intellectual property — allows a person to control commercial use of his or her identity. The scope of the right has expanded significantly since its inception because many courts and commentators have misinterpreted it, viewing it as a pure property right justified by a labor or unjust enrichment theory. Rather, this article contends that it should be evaluated in light of the utilitarian justification for intellectual property law. Rewarding people by allowing them to monetize their public persona is not the goal of the right of publicity. The goal …
Bearing Down On Trademark Bullies, Irina D. Manta
Bearing Down On Trademark Bullies, Irina D. Manta
Fordham Intellectual Property, Media and Entertainment Law Journal
Trademark bullying has become a persistent problem, with large companies intimidating smaller entities with cease and desist campaigns and achieving anti-competitive results. A number of tactics exist to deal with bullying behavior. One of them is the imposition of judicial sanctions, but the standards in that area are unclear and the defendants often do not have the financial means to engage in litigation at all. Other, extralegal measures such as shaming have shown some success, but also present numerous drawbacks and prove insufficient when used against powerful actors. This symposium contribution proposes a new model that draws on the existing …
Real-Life Protection For Fictional Trademarks, Benjamin M. Arrow
Real-Life Protection For Fictional Trademarks, Benjamin M. Arrow
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Internet Packet Sniffing And Its Impact On The Network Neutrality Debate And The Balance Of Power Between Intellectual Property Creators And Consumers, Rob Frieden
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Intellectual Property And Americana, Or Why Ip Gets The Blues, Michael J. Madison
Intellectual Property And Americana, Or Why Ip Gets The Blues, Michael J. Madison
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Panel I: Monsanto V. Scruggs: The Scope Of Downstream Licensing Restrictions, Mark R. Patterson, Richard B. Ulmer Jr., Peter Castensen, Jay P. Kesan
Panel I: Monsanto V. Scruggs: The Scope Of Downstream Licensing Restrictions, Mark R. Patterson, Richard B. Ulmer Jr., Peter Castensen, Jay P. Kesan
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Intellectual Property In Transition Economies: Assessing The Latvian Experience, Simon Helm
Intellectual Property In Transition Economies: Assessing The Latvian Experience, Simon Helm
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Panel Iii: Www.Thegovernmenthasdecideditisinyour(Read:Our)Bestinterestsnottoviewthis.Com: Should The First Amendment Ever Come Second?, Ann Beeson, Jacob M. Lewis, Charles Sims, Lee Tien
Panel Iii: Www.Thegovernmenthasdecideditisinyour(Read:Our)Bestinterestsnottoviewthis.Com: Should The First Amendment Ever Come Second?, Ann Beeson, Jacob M. Lewis, Charles Sims, Lee Tien
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
If Per Se Is Dying, Why Not In Tv Tying? A Case For Adopting The Rule Of Reason Standard In Television Block- Booking Arrangements, Nicole Labletta
If Per Se Is Dying, Why Not In Tv Tying? A Case For Adopting The Rule Of Reason Standard In Television Block- Booking Arrangements, Nicole Labletta
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Battle Of The Music Industry: The Distribution Of Audio And Video Works Via The Internet, Music And More, David Balaban
The Battle Of The Music Industry: The Distribution Of Audio And Video Works Via The Internet, Music And More, David Balaban
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Intellectual Property Rights In The Middle East: A Cultural Perspective, John Carroll
Intellectual Property Rights In The Middle East: A Cultural Perspective, John Carroll
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Enforcement Of Intellectual Property Protection Between Mexico And The United States: A Precursor Of Criminal Enforcement For Western Hemispheric Integration?, Bruce Zagaris, Alvaro J. Aguilar
Enforcement Of Intellectual Property Protection Between Mexico And The United States: A Precursor Of Criminal Enforcement For Western Hemispheric Integration?, Bruce Zagaris, Alvaro J. Aguilar
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Eec Licensing Of Intellectual Property, Valentine Korah
Eec Licensing Of Intellectual Property, Valentine Korah
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Influences Affecting The Licensing Of Rights In A Unitary European Market, Ronald E. Myrick
Influences Affecting The Licensing Of Rights In A Unitary European Market, Ronald E. Myrick
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Interplay Between Intellectual Property Rights And Free Movement Of Goods In The European Community, Roger J. Goebel
The Interplay Between Intellectual Property Rights And Free Movement Of Goods In The European Community, Roger J. Goebel
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Panel Commentaries, Morton David Goldberg, Robert J. Hart, Jean-Francois Verstrynge
Panel Commentaries, Morton David Goldberg, Robert J. Hart, Jean-Francois Verstrynge
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Gatt And Nafta Provisions On Intellectual Property, Emery Simon
Gatt And Nafta Provisions On Intellectual Property, Emery Simon
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Trips Component Of The Gatt’S Uruguay Round: Competitive Prospects For Intellectual Property Owners In An Integrated World Market, J.H. Reichman
The Trips Component Of The Gatt’S Uruguay Round: Competitive Prospects For Intellectual Property Owners In An Integrated World Market, J.H. Reichman
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Trade, Trips And Nafta, Joel R. Reidenberg
Trade, Trips And Nafta, Joel R. Reidenberg
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
State Trademark And Unfair Competition Law By The United States Trademark Association , Jeffrey E. Jacobson
State Trademark And Unfair Competition Law By The United States Trademark Association , Jeffrey E. Jacobson
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.