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Articles 121 - 128 of 128
Full-Text Articles in Law
The Ims Health Decision: A Triple Victory, Estelle Derclaye
The Ims Health Decision: A Triple Victory, Estelle Derclaye
Estelle Derclaye
No abstract provided.
Abuses Of Dominant Position And Intellectual Property Rights: A Suggestion To Reconcile The Community Courts Case Law, Estelle Derclaye
Abuses Of Dominant Position And Intellectual Property Rights: A Suggestion To Reconcile The Community Courts Case Law, Estelle Derclaye
Estelle Derclaye
No abstract provided.
Testing The Admissibility Of Trademark Surveys After Daubert, Artemio Rivera
Testing The Admissibility Of Trademark Surveys After Daubert, Artemio Rivera
Artemio Rivera
To be admissible, a survey must apply the principles of survey research to the target population in a reliable manner, and base its results upon sufficient interviews and responses. These requirements make clear that the existence of flaws in a survey is not simply a matter of weight to be resolved by the fact finder, but an issue of admissibility that must be determined by the courts as part of their gate keeping duties.
Arresting Technology: An Essay, Ann Bartow
Arresting Technology: An Essay, Ann Bartow
Ann Bartow
This Essay considers the current trend of content owners using copyright laws (particularly the doctrine of contributory infringement) to "arrest technology," thereby burdening file sharing technologies with a duty to prevent unauthorized copying of copyrighted works in digital formats. The Author argues that copying is not necessarily theft, and that sharing music files (for example) shouldn't be treated by courts or lawmakers as if it was "the moral equivalent of looting." Instead, copyright owners should take responsibility for developing technological measures to minimize unauthorized copying, so that file trading technologies, themselves often copyrightable innovations, can flourish and copyright law promotes …
Islam As Intellectual Property: 'My Lord! Increase Me In Knowledge', Ali Khan
Islam As Intellectual Property: 'My Lord! Increase Me In Knowledge', Ali Khan
Ali Khan
The distinction between assets and ideas lies at the core of the misunderstanding between Islam and secularism, the strongest version of which is unfolding in the United States. Muslims view Islam as knowledge-based (intellectual) property, not an idea. Secularists reduce Islam to a mere idea, reserving the notion of intellectual property for literary and artistic works, inventions, patents, films, computer programs, designs, trademarks, and trade secrets. Muslims elevate the knowledge-based assets of Islam to the highest level of protection, more than the intellectual work of any scientist, artist, or corporation. Even in the face of a rising tide of secularism …
Internet Infoglut And Invisible Ink: Spamdexing Search Engines With Meta Tags, Ira Nathenson
Internet Infoglut And Invisible Ink: Spamdexing Search Engines With Meta Tags, Ira Nathenson
Ira Steven Nathenson
This Article addresses 'spamdexing,' namely, the practice of stuffing invisible keywords into webpages in order to try to get more favorable listings with search engines. For instance, some website owners will stuff the trademarks of competitors into a webpage’s code, particularly by using 'meta tags,' indexing keywords that can be hidden in a webpage’s source code. Although meta tags are not typically viewed by users, the code can be read by search engines, with the result that webpages may be improperly boosted in search engine rankings. Such practices can confuse the public and have also spurred trademark lawsuits. But the …
Unconstitutional Incontestability?: The Intersection Of The Intellectual Property And Commerce Clauses Of The Constitution: Beyond A Critique Of Shakespeare Co. V. Silstar Corp., Malla Pollack
Malla Pollack
This article makes several assertions: (1) The Intellectual Property Clause of the Constitution, even read with the Commerce Clause, prevents Congress from giving authors or inventors exclusive rights unbounded by premeasured time limitations; (2) Because such limits exist, even incontestable trademarks must be subject to functionality challenges in order to prevent conflict with the Patent Clause; (3) The Intellectual Property Clause requires a similar challenge to prevent conflict with the Copyright Clause; (4) The states are also limited by either direct constitutional mandate or statutory preemption. Based on the first two assertions, this article argues that the Fourth Circuit's decision …
Guarding Your Company's Intellectual Property Rights: Patents, Trademarks, And Copyright Protection, Douglas J. Swanson Ed.D Apr
Guarding Your Company's Intellectual Property Rights: Patents, Trademarks, And Copyright Protection, Douglas J. Swanson Ed.D Apr
Douglas J. Swanson, Ed.D APR
No abstract provided.