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Articles 1 - 30 of 71
Full-Text Articles in Law
Do We Have Too Many Intellectual Property Rights?, Richard A. Posner
Do We Have Too Many Intellectual Property Rights?, Richard A. Posner
Marquette Intellectual Property Law Review
The Honorable Richard A. Posner discusses the dangers presented by the propertization of intellectual property rights, particularly in the areas of copyright and patent. Unlike physical property, intellectual property rights are limited by duration, scope, and allowance of faire use. These limitations underlie the existence of a rich public domain that encourages the most valuable uses of intellectual property by reducing transaction costs and encouraging the creation of additional creative works.
Semiotics Of The Scandalous And The Immoral And The Disparaging: Section 2(A) Trademark Law After Lawrence V. Texas, Llewellyn Joseph Gibbons
Semiotics Of The Scandalous And The Immoral And The Disparaging: Section 2(A) Trademark Law After Lawrence V. Texas, Llewellyn Joseph Gibbons
Marquette Intellectual Property Law Review
This article explores whether the holding in Lawrence v. Texas may be extended to trademark law. Under section 2(a), some symbols may not serve as trademarks because they may be scandalous, immoral, or disparaging, which is of particular interest to the Queer community. For some, arguably at least a substantial composite of the American people, the relevant test group for scandal or immorality, under section 2(a), the mere existence of queers constitute scandal and immorality and terms of pride and endearment with which they express their sexuality in concrete form are a further example of immorality. Under these circumstances, Lawrence …
Divergent Evolution Of The Patent Power And The Copyright Power, Edward C. Walterscheid
Divergent Evolution Of The Patent Power And The Copyright Power, Edward C. Walterscheid
Marquette Intellectual Property Law Review
Patent and copyright law in the United States derives from a constitutional grant of power to Congress, which drafted the Patent and Copyright Acts. The U.S. Supreme Court has addressed the meaning of various terms in the Patent and Copyright Clause, but only addressed the constitutionality of a copyright statute in 2003. The Court has never considered the constitutionality of a patent statute. The purpose of this article is to explore Congress' and the courts' diverging interpretations of the patent and copyright powers. It explores the reasons for this divergence, tracing the historic kinship between the two powers from the …
A Technical Critique Of Fifty Software Patents, Martin Campbell-Kelly, Patrick Valduriez
A Technical Critique Of Fifty Software Patents, Martin Campbell-Kelly, Patrick Valduriez
Marquette Intellectual Property Law Review
There has been a great deal of discussion on the desirability of software patents in the legal, economic, and technical academic literature. Case law is the basis of most of the legal literature on the topic. Typically, the basis of the economic literature on patents is the statistical analysis of large numbers of patents. The technical literature frequently hostile to patents often is based on an examination of a small number of pathologically bad patents The authors seek to overcome the inherent limitations of each category of article. The approach taken was to conduct a detailed, technical examination of the …
The Naked Licensing Doctrine Exposed: How Courts Interpret The Lanham Act To Require Licensors To Police Their Licensees & Why This Requirement Conflicts With Modern Licensing Realities & The Goals Of Trademark Law , Rudolph J. Kuss
Marquette Intellectual Property Law Review
This Comment discusses the naked licensing doctrine, under which trademark owners may lose their trademark protection through failing to exercise control over their licensees. Even though the Lanham Act holds that abandonment of trademark rights is only appropriate when a trademark has lost its significance, courts have held that a trademark owner may abandon its rights through naked licensing when it breaches its affirmative duty to police its licensees. In other words, these courts find abandonment even when there is no evidence that the quality of the goods and services sold under the trademark has declined. This Comment argues that …
The Inconsistency Between Section 301 And Trips: Counterproductive With Respect To The Future Of International Protection Of Intellectual Property Rights?, Lina M. Monten
Marquette Intellectual Property Law Review
This comment examines the inconsistency between continued international efforts to ensure uniform protection of intellectual property rights, most recently via the Trade-Related Aspects of Intellectual Property Rights Agreement (TRIPS), on the one hand; and the use of unilateral measures by the United States, specifically Section 301 of the Trade Act, to ensure greater protection for United States' intellectual property rights, on the other. This comment first discusses the historical development of international protection of intellectual property rights, specifically focusing on the Paris Convention for the Protection of Industrial Property, the Berne Convention for the Protection of Literary and Artistic Property, …
U.S. V. Rxdepot: The Battle Between Canadian Store-Front Companies, The Fda And Brand-Name Companies, Michael Rosenquist
U.S. V. Rxdepot: The Battle Between Canadian Store-Front Companies, The Fda And Brand-Name Companies, Michael Rosenquist
Marquette Intellectual Property Law Review
Prescription drugs are taken by millions of Americans each year for everything from seasonal allergies to beating cancer. However, millions of Americans each year are without health insurance of some form of prescription drug coverage. When the costs of prescriptions are beyond those Americans' reach, where should they turn to for help? RxDepot, Inc. was a company founded by an entrepreneur, Carl Moore, who believed he had the answer to the problem. In 2002, he began opening stores in the United States where customers could bring in the prescription, have it sent to a Canadian pharmacy, and receive their prescriptions …
Zippo Is Dying, Should It Be Dead?: The Exercise Of Personal Jurisdiction By U.S. Federal Courts Over Non-Domiciliary Defendants In Trademark Infringement Lawsuits Arising Out Of Cyberspace, Bunmi Awoyemi
Marquette Intellectual Property Law Review
Personal jurisdiction and the Internet has troubled the courts from the first. The analysis the court offered in Zippo Manufacturing Co. v. Zippo DOT Com, Inc. on its face appeared helpful for dealing with personal jurisdictional issues by the use of a "sliding scale": "[T]he likelihood that personal jurisdiction can be constitutionally exercised is directly proportionate to the nature and quality of commercial activity that an entity conducts over the Internet." putting aside the failure of many courts to restrict Zippo to its facts, The author argues that the Zippo court's analysis of specific personal jurisdiction in the Internet or …
Circumstantial Evidence Of Doping: Balco And Beyond, James A.R. Nafziger
Circumstantial Evidence Of Doping: Balco And Beyond, James A.R. Nafziger
Marquette Sports Law Review
No abstract provided.
The Role Of Arbitrability In Disciplinary Decisions In Professional Sports, Thomas A. Baker Iii, Dan Connaughton
The Role Of Arbitrability In Disciplinary Decisions In Professional Sports, Thomas A. Baker Iii, Dan Connaughton
Marquette Sports Law Review
No abstract provided.
Towards A New Core International Copyright Norm: The Reverse Three-Step Test, Daniel J. Gervais
Towards A New Core International Copyright Norm: The Reverse Three-Step Test, Daniel J. Gervais
Marquette Intellectual Property Law Review
This paper argues that it is time to replace the existing set of copyright rights by focusing on its true policy objectives. The paper identifies what is wrong with extant norms and spotlights the apparent chasm between the policy objectives and the norms. The paper proposes a new international copyright norm based on the Berne Convention's three-step test, in harmony with the U.S. fair use doctrine. The author suggests that fair use reflects an appropriate set of criteria to balance the rights of copyright holders and the needs and interests of users, which could serve as a basis to build …
The Spawn Of Learned Hand-A Reexamination Of Copyright Protection And Fictional Characters: How Distinctly Delineated Must The Story Be Told?, Gregory S. Schienke
The Spawn Of Learned Hand-A Reexamination Of Copyright Protection And Fictional Characters: How Distinctly Delineated Must The Story Be Told?, Gregory S. Schienke
Marquette Intellectual Property Law Review
Fictional characters are the backbone of the multi-billion dollar entertainment industry. Since the early twentieth century, the owners of fictional characters have recognized that there is money to be made in derivative products featuring those characters and move swiftly to stop infringing use of those characters. Learned Hand, in passing, allowed that fictional characters could be protected through copyright law if the characters were distinctly delineated. Since then, the courts have created a piecemeal protective-strategy involving trademark and copyright law to protect fictional characters. The Seventh Circuit in Gaiman v. McFarlane, continued using the traditional analysis, that copyrightability for a …
An Umbrella Or A Canopy?: Why The 17 U.S.C. Section 512(A) Safe Harbor Should Be Read Broadly, Sven Skillrud
An Umbrella Or A Canopy?: Why The 17 U.S.C. Section 512(A) Safe Harbor Should Be Read Broadly, Sven Skillrud
Marquette Intellectual Property Law Review
With technology constantly changing, the interaction between copyright law and technology is always at odds, especially since the evolution of the Internet. To keep up with the ever-changing Internet, Congress enacted the Digital Millennium Copyright Act; specifically, it created four safe harbors that are intended to protect entities from copyright infringement that qualify as online service providers. However, it seems that the courts have had trouble interpreting who is covered under these safe harbors, namely, as to what entities qualify under the first safe harbor "Transitory Digital Network Communications." There are only a few cases where entities have qualified under …
The Architectural Works Copyright Protection Act: Much Ado About Something?, Antoinette Vacca
The Architectural Works Copyright Protection Act: Much Ado About Something?, Antoinette Vacca
Marquette Intellectual Property Law Review
The AWCPA has been in effect for thirteen years, enough time for an evaluation of its effect on those who have been working within its framework. Has the Architectural Works Copyright Protection Act of 1990 (AWCPA) met the public's interests by encouraging original and innovative design? U.S. intellectual property laws are founded on balancing benefit to the public with reward and incentive to the author, while the standards of protection under the Berne Convention are grounded in the principle that copyright is a natural right of the author. The AWCPA of 1990 adopted the Berne Standard of according protection to …
Message In A Bottleneck: The Need For Fcc-Mandated Interoperability Among Instant Messaging Providers, Matthew A. Goldberg
Message In A Bottleneck: The Need For Fcc-Mandated Interoperability Among Instant Messaging Providers, Matthew A. Goldberg
Marquette Intellectual Property Law Review
In August 2003, the Federal Communications Commission (FCC) reversed a ruling it had made in 2001 regarding regulation of America Online's (AOL) instant messaging program. Instant messaging (IM) is one of the Internet's most popular technologies, used recreationally and to facilitate business transactions. It is a major worldwide communications tool with the potential to serve as a catalyst for a new generation of Internet applications based on real-time computing. In contrast to Internet technologies like e-mail and access to the World Wide Web through browser programs like Microsoft Explorer or Mozilla's Firefox, the technical underpinnings of these IM systems are …
Rules Of A Sport- Specific Arbitration Process As An Instrument Of Policy Making, Hilary A. Findlay
Rules Of A Sport- Specific Arbitration Process As An Instrument Of Policy Making, Hilary A. Findlay
Marquette Sports Law Review
No abstract provided.
Keep Your Eye On The Pelota: Sports Arbitration At The Jai-Alai Fronton, Roger I. Abrams
Keep Your Eye On The Pelota: Sports Arbitration At The Jai-Alai Fronton, Roger I. Abrams
Marquette Sports Law Review
No abstract provided.
Alternative Dispute Resolution In Sports Facility Leases, Martin J. Greenberg
Alternative Dispute Resolution In Sports Facility Leases, Martin J. Greenberg
Marquette Sports Law Review
No abstract provided.
Index: Sports Law In Law Reviews And Journals
Index: Sports Law In Law Reviews And Journals
Marquette Sports Law Review
No abstract provided.
The "Blind Look" Rule Of Reason: Federal Courts' Peculiar Treatment Of Ncaa Amateurism Rules, Tibor Nagy
The "Blind Look" Rule Of Reason: Federal Courts' Peculiar Treatment Of Ncaa Amateurism Rules, Tibor Nagy
Marquette Sports Law Review
No abstract provided.
Sports Law In The State Of Wisconsin, Paul M. Anderson
Sports Law In The State Of Wisconsin, Paul M. Anderson
Marquette Sports Law Review
No abstract provided.
Playing The Game Of Academic Integrity Vs. Athletic Success: The Americans With Disabilities Act (Ada) And Intercollegiate Student-Athletes With Learning Disabilities , Yuri Nicholas Walker
Playing The Game Of Academic Integrity Vs. Athletic Success: The Americans With Disabilities Act (Ada) And Intercollegiate Student-Athletes With Learning Disabilities , Yuri Nicholas Walker
Marquette Sports Law Review
No abstract provided.
The Jurisprudence Of Judge Kenesaw Mountain Landis, Shayna M. Sigman
The Jurisprudence Of Judge Kenesaw Mountain Landis, Shayna M. Sigman
Marquette Sports Law Review
No abstract provided.
The Referee's Liability For Catastrophic Sports Injuries - A Uk Perspective, Richard Caddell
The Referee's Liability For Catastrophic Sports Injuries - A Uk Perspective, Richard Caddell
Marquette Sports Law Review
No abstract provided.
An "Insider's" Guide To The Legal Liability Of Sports Contest Officials, Richard J. Hunter Jr.
An "Insider's" Guide To The Legal Liability Of Sports Contest Officials, Richard J. Hunter Jr.
Marquette Sports Law Review
No abstract provided.
2004 Annual Survey: Recent Developments In Sports Law, Jenna Merten
2004 Annual Survey: Recent Developments In Sports Law, Jenna Merten
Marquette Sports Law Review
No abstract provided.
Index: Sports Law In Law Reviews And Journals, Stacey Meyer
Index: Sports Law In Law Reviews And Journals, Stacey Meyer
Marquette Sports Law Review
No abstract provided.