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Articles 1 - 30 of 108
Full-Text Articles in Law
The Trademark Jurisprudence Of The Rehnquist Court, Graeme B. Dinwoodie
The Trademark Jurisprudence Of The Rehnquist Court, Graeme B. Dinwoodie
Marquette Intellectual Property Law Review
Professor Dinwoodie discusses the Rehnquist Supreme Court and its current approach to addressing trademark jurisprudence. Professor Dinwoodie concludes that although the Court has not employed a consistent methodological approach to resolving trademark problems, the opinions do suggest that there are certain values that dictate the outcomes in trademark cases before the Rehnquist Court.
Trips, Patents, And Access To Life-Saving Drugs In The Developing World, Bryan C. Mercurio
Trips, Patents, And Access To Life-Saving Drugs In The Developing World, Bryan C. Mercurio
Marquette Intellectual Property Law Review
This article critically analyzes the agreement implementing Paragraph 6 of the Doha Declaration. The author briefly details the trend of linking intellectual property rights to international trade before summarizing the pertinent provisions of the TRIPs Agreement. The author then introduces the controversy surrounding access to medicines by first detailing the global events that brought the issue to the fore and then by evaluating the accomplishments and unanswered questions of the Doha Declaration. The author also discusses the agreement implementing the Paragraph 6 Mandate, critically analyzes its provisions, and addresses several lingering questions and problems unaddressed by this agreement. The author …
Scope Of Protection: Comparison Of German And English Courts' Case Law, Sasa Bavec
Scope Of Protection: Comparison Of German And English Courts' Case Law, Sasa Bavec
Marquette Intellectual Property Law Review
This article examines the scope of patent protection granted in Germany and the United Kingdom (UK). The author aims to review the legal framework, practice, and case law on the issue of the interpretation of patent scope in Germany and the UK. The author also discusses the legal principles applied by courts in Germany and the UK in different patent cases and examines the differences in the application of patent application. The author concludes that the only significant difference between Germany and the UK that can be identified is the inability of German courts to decide on the validity of …
What Are You Looking At? Eliminating Consideration Of The General Public And The Ultimate Question In A Trade Dress Initial Interest Confusion Analysis., Paul J. Krause
Marquette Intellectual Property Law Review
This comment addresses the concept of initial interest confusion in trade dress law and examines several different courts' approaches to the doctrine. Through the discussion, it becomes evident that while being careful to avoid bypassing an analysis of the likelihood of confusion factors, courts should also use the doctrine to determine confusion of potential purchasers. Failing to account for certain factors, such as the sophistication of the relevant consumer group, may allow courts to skew the likelihood of confusion factors in an initial interest confusion analysis. In sum, the author argues that courts should conduct a thorough analysis of likelihood …
Peer-To-Peer File Sharing And Technological Sabotage Tactics: No Legislation Required, Hillary M. Kowalski
Peer-To-Peer File Sharing And Technological Sabotage Tactics: No Legislation Required, Hillary M. Kowalski
Marquette Intellectual Property Law Review
This comment examines the current state of downloading of copyrighted material using peer-to-peer (P2P) technology. The author overviews the P2P technology and details tactics being used by copyright holders to protect their works on the P2P networks. The author next analyzes various legal issues surrounding the copyright-protection tactics. The author concludes by examining proposed legislation designed to benefit copyright holders and asserts that Congressional intervention enabling sabotage tactics will not solve the P2P problem because such retaliatory measures will only worsen the situation by aggravating music lovers.
What Does Pruneyard Have To Do With California Internet Trade Secret Law?, Adam J. Sheridan
What Does Pruneyard Have To Do With California Internet Trade Secret Law?, Adam J. Sheridan
Marquette Intellectual Property Law Review
This comment discusses the facts of the Bunner case and the decisions of the Sixth District and the Supreme Court. The Bunner case involves Andrew Bunner and his act of putting a link on his Web page allowing visitors to access a Digitial Video Disc (DVD) descrambler program, which allowed a computer user to decrypt DVDs. The DVD Copy Control Association sought an injunction against Bunner under the California Uniform Trade Secrets Act (UTSA). The author analyzes the historical protection given free speech and trade secrets under California law. Looking at the Bunner case in light of Pruneyard, the author …
Wisconsin's Sex Offender Registration And Notification Laws: Has The Wisconsin Legilature Left The Criminals And The Constitution Behind?, Melissa Blair
Marquette Law Review
No abstract provided.
Protection For Indigenous Peoples And Their Traditional Knowledge: Would A Registry System Reduce The Misappropriation Of Traditional Knowledge?, Thomas J, Krumenacher
Protection For Indigenous Peoples And Their Traditional Knowledge: Would A Registry System Reduce The Misappropriation Of Traditional Knowledge?, Thomas J, Krumenacher
Marquette Intellectual Property Law Review
This Comment examines the controversy over whether a registry system is the best way to prevent Western inventors from obtaining intellectual property protection for traditional knowledge that has been misappropriated from underdeveloped parts of the world. This dilemma exists because traditional knowledge often constitutes patentable subject matter, most indigenous peoples do not subscribe to a Western "property rights" view of the world, and exploitation of traditional knowledge has become easier through improved communication capabilities. This Comment argues in favor of a registry system to catalog traditional knowledge; patent examiners would deny patent protection to any invention that replicates traditional knowledge. …
Eighth Annual Robert F. Boden Lecture: Drugs In Sports And The Law - Moral Authority, Diversity And The Pursuit Of Excellence, Hayden Opie
Marquette Sports Law Review
No abstract provided.
Football Play Scripts: A Potential Pitfall For Federal Copyright Law? , Brent C. Moberg
Football Play Scripts: A Potential Pitfall For Federal Copyright Law? , Brent C. Moberg
Marquette Sports Law Review
No abstract provided.
Let's Not "Spit The Bit" In Defense Of "The Law Of The Horse": The Historical And Legal Development Of American Thoroughbred Racing, Joan S. Howland
Let's Not "Spit The Bit" In Defense Of "The Law Of The Horse": The Historical And Legal Development Of American Thoroughbred Racing, Joan S. Howland
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 Copyrightability Of Sports Celebration Moves: Dance Fever Or Just Plain Sick? , Hennry M. Abromson
The Copyrightability Of Sports Celebration Moves: Dance Fever Or Just Plain Sick? , Hennry M. Abromson
Marquette Sports Law Review
No abstract provided.
A Game Plan To Conserve The Interscholastic Athletic Environment After Lebron James, Kevin P. Braig
A Game Plan To Conserve The Interscholastic Athletic Environment After Lebron James, Kevin P. Braig
Marquette Sports Law Review
No abstract provided.
Avoiding And Resolving Disputes During Sports Competition: Of Cameras And Computers , James A.R. Nafziger
Avoiding And Resolving Disputes During Sports Competition: Of Cameras And Computers , James A.R. Nafziger
Marquette Sports Law Review
No abstract provided.
Player Restraints And Competition Law Throughout The World, Stephen F. Ross
Player Restraints And Competition Law Throughout The World, Stephen F. Ross
Marquette Sports Law Review
No abstract provided.
Raising A Red Card: Why Freddy Adu Should Not Be Allowed To Play Professional Soccer, Jenna Merten
Raising A Red Card: Why Freddy Adu Should Not Be Allowed To Play Professional Soccer, Jenna Merten
Marquette Sports Law Review
No abstract provided.
Unequal Bargaining Power: Making The National Letter Of Intent More Equitable, Stacey Meyer
Unequal Bargaining Power: Making The National Letter Of Intent More Equitable, Stacey Meyer
Marquette Sports Law Review
No abstract provided.
Sports Facility Financing And Development Trends In The United States, Martin J. Greenberg
Sports Facility Financing And Development Trends In The United States, Martin J. Greenberg
Marquette Sports Law Review
No abstract provided.
May The Best Merchandise Win: The Law Of Non-Trademark Uses Of Sports Logos, Mark A. Kahn
May The Best Merchandise Win: The Law Of Non-Trademark Uses Of Sports Logos, Mark A. Kahn
Marquette Sports Law Review
No abstract provided.
Student Athletes And The Buckley Amendment: Right To Privacy Does Not Include The Right To Sue, Paul J. Batista
Student Athletes And The Buckley Amendment: Right To Privacy Does Not Include The Right To Sue, Paul J. Batista
Marquette Sports Law Review
No abstract provided.
Facility Issues In Major League Soccer: What Do Soccer Stadiums Have To Do With Antitrust Liability?, Thomas D. Stuck
Facility Issues In Major League Soccer: What Do Soccer Stadiums Have To Do With Antitrust Liability?, Thomas D. Stuck
Marquette Sports Law Review
No abstract provided.
International Sports Rules' Implementation - Decisions Executability: The Bliamou Case, Dimitrios Panagiotopoulos
International Sports Rules' Implementation - Decisions Executability: The Bliamou Case, Dimitrios Panagiotopoulos
Marquette Sports Law Review
No abstract provided.
Is Canada Overstepping Its Borders? The Alberta Province Tax Specifically Targets Professional Hockey Players In Order To Help Finance Its Professional Franchises, Alan Pogroszewski
Is Canada Overstepping Its Borders? The Alberta Province Tax Specifically Targets Professional Hockey Players In Order To Help Finance Its Professional Franchises, Alan Pogroszewski
Marquette Sports Law Review
No abstract provided.
2003 Annual Survey: Recent Developments In Sports Law, Brent C. Moberg
2003 Annual Survey: Recent Developments In Sports Law, Brent C. Moberg
Marquette Sports Law Review
No abstract provided.
Fundamental Guarantees With Respect To Disciplinary Process - Some Reflections, Nathalie Korchia
Fundamental Guarantees With Respect To Disciplinary Process - Some Reflections, Nathalie Korchia
Marquette Sports Law Review
No abstract provided.
Sports Facility Financing And Development Trends In Europe And Germany 2003, Michael Siebold, Angela Klingmüller
Sports Facility Financing And Development Trends In Europe And Germany 2003, Michael Siebold, Angela Klingmüller
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.