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Full-Text Articles in Law

Insuring Failure: How Crowd-Sourcing Sites May Be Forced Into The Role Of Patent Insurance, Spencer S. Haley Jan 2018

Insuring Failure: How Crowd-Sourcing Sites May Be Forced Into The Role Of Patent Insurance, Spencer S. Haley

Journal of Intellectual Property Law

No abstract provided.


Backing Down: Blurred Lines In The Standards For Analysis Of Substantial Similarity In Copyright Infringement For Musical Works, Nicholas Booth Jan 2018

Backing Down: Blurred Lines In The Standards For Analysis Of Substantial Similarity In Copyright Infringement For Musical Works, Nicholas Booth

Journal of Intellectual Property Law

No abstract provided.


A Trademark Holder's Hangover: Reconciling The Lanham Act With The Alcohol And Tobacco Tax And Trade Bureau's System Of Designating American Viticultural Areas, Julia Lynn Titolo Nov 2016

A Trademark Holder's Hangover: Reconciling The Lanham Act With The Alcohol And Tobacco Tax And Trade Bureau's System Of Designating American Viticultural Areas, Julia Lynn Titolo

Journal of Intellectual Property Law

No abstract provided.


Let's Not Go Crazy: Why Lenz V. Universal Music Corp. Undermines The Notice And Takedown Process Of The Digital Millennium Copyright Act, Mareasa M. Fortunato Nov 2016

Let's Not Go Crazy: Why Lenz V. Universal Music Corp. Undermines The Notice And Takedown Process Of The Digital Millennium Copyright Act, Mareasa M. Fortunato

Journal of Intellectual Property Law

No abstract provided.


Why Coca-Cola's Fictional Lawsuit Against Coke Zero For Taste Infringement Is A Losing Battle, Jessica Nicole Cox Nov 2016

Why Coca-Cola's Fictional Lawsuit Against Coke Zero For Taste Infringement Is A Losing Battle, Jessica Nicole Cox

Journal of Intellectual Property Law

No abstract provided.


Reconciling Social Norms And Copyright Law: Strategies For Persuading People To Pay For Recorded Music, Mark F. Schultz Nov 2016

Reconciling Social Norms And Copyright Law: Strategies For Persuading People To Pay For Recorded Music, Mark F. Schultz

Journal of Intellectual Property Law

No abstract provided.


Copyrights From A Child's Perspective, Monica Vining Oct 2016

Copyrights From A Child's Perspective, Monica Vining

Journal of Intellectual Property Law

No abstract provided.


Is Liability Just A Link Away? Trademark Dilution By Tarnishment Under The Federal Trademark Dilution Act Of 1995 And Hyperlinks On The World Wide Web, Martha Kelley Oct 2016

Is Liability Just A Link Away? Trademark Dilution By Tarnishment Under The Federal Trademark Dilution Act Of 1995 And Hyperlinks On The World Wide Web, Martha Kelley

Journal of Intellectual Property Law

No abstract provided.


"Within The Limits Of The Constitutional Grant": Constitutional Limitations On The Patent Power, Edward C. Walterscheid Oct 2016

"Within The Limits Of The Constitutional Grant": Constitutional Limitations On The Patent Power, Edward C. Walterscheid

Journal of Intellectual Property Law

No abstract provided.


A Shattered Visage: The Fluctuation Problem With The Recognized Stature Provision In The Visual Artists Rights Act Of 1990, Keshawn M. Harry Oct 2016

A Shattered Visage: The Fluctuation Problem With The Recognized Stature Provision In The Visual Artists Rights Act Of 1990, Keshawn M. Harry

Journal of Intellectual Property Law

No abstract provided.


Endangered Research: The Proliferation Of E-Books And Their Potential Threat To The Fair Use Clause, Jason Cohen Oct 2016

Endangered Research: The Proliferation Of E-Books And Their Potential Threat To The Fair Use Clause, Jason Cohen

Journal of Intellectual Property Law

No abstract provided.


"Profiting At My Expense": An Analysis Of The Commercialization Of Professors' Lecture Notes, Ashley T. Barnett Oct 2016

"Profiting At My Expense": An Analysis Of The Commercialization Of Professors' Lecture Notes, Ashley T. Barnett

Journal of Intellectual Property Law

No abstract provided.


Price Controls Through The Back Door: The Parallel Importation Of Pharmaceuticals, A. Bryan Baer Oct 2016

Price Controls Through The Back Door: The Parallel Importation Of Pharmaceuticals, A. Bryan Baer

Journal of Intellectual Property Law

No abstract provided.


Xml Schemas And Computer Language Copyright: Filling In The Blanks In Blank Esperanto, Douglas E. Phillips Oct 2016

Xml Schemas And Computer Language Copyright: Filling In The Blanks In Blank Esperanto, Douglas E. Phillips

Journal of Intellectual Property Law

No abstract provided.


Flat Broke And Busted, But Can I Keep My Domain Name? Domain Name Property Interests In The First, Fifth, And Eleventh Circuits, Steven Blackerby Oct 2016

Flat Broke And Busted, But Can I Keep My Domain Name? Domain Name Property Interests In The First, Fifth, And Eleventh Circuits, Steven Blackerby

Journal of Intellectual Property Law

No abstract provided.


A Recording Artist's Right Of Publicity In Today's Advertising Environment: What State Laws Give, The Copyright Act Takes Away, Geronimo Perez Oct 2016

A Recording Artist's Right Of Publicity In Today's Advertising Environment: What State Laws Give, The Copyright Act Takes Away, Geronimo Perez

Journal of Intellectual Property Law

No abstract provided.


Peer-To-Peer And Substantial Noninfringing Use: Giving The Term "Substantial" Some Meaning, Richard M. Myrick Oct 2016

Peer-To-Peer And Substantial Noninfringing Use: Giving The Term "Substantial" Some Meaning, Richard M. Myrick

Journal of Intellectual Property Law

No abstract provided.


The King James Copyright: A Look At The Originality Of Derivative Translations Of The King James Version Of The Bible, Jason L. Cohn Oct 2016

The King James Copyright: A Look At The Originality Of Derivative Translations Of The King James Version Of The Bible, Jason L. Cohn

Journal of Intellectual Property Law

No abstract provided.


Technology Matters: The Courts, Media Neutrality, And New Technologies, Deborah Tussey Oct 2016

Technology Matters: The Courts, Media Neutrality, And New Technologies, Deborah Tussey

Journal of Intellectual Property Law

This article explores the copyright principle of media neutrality in the context of three sets of cases dealing with videogame enhancements, database compilations, and peer-to-peer file sharing. In each set of cases, at least one court produces a judgment which relies heavily on technological distinctions among electronic storage and retrieval systems, in apparent contravention of the media neutrality principle. Media neutrality confers fairly broad authority on courts to extend protection to copyrighted content distributed through new technologies. However, judicial concerns about the relative institutional competencies of Congress and the courts, most clearly expressed in the Sony decision, rightly impose limitations …


Keeping Patent Applications Honest: A Proposal To Apply Disgorgement Remedies To Findings Of Inequitable Conduct During Patent Prosecution, Allison Pruitt Oct 2016

Keeping Patent Applications Honest: A Proposal To Apply Disgorgement Remedies To Findings Of Inequitable Conduct During Patent Prosecution, Allison Pruitt

Journal of Intellectual Property Law

No abstract provided.


A Brave Attempt: Can The National Collegiate Athletic Association Sanction Colleges And Universities With Native American Mascots?, Kenneth B. Franklin Oct 2016

A Brave Attempt: Can The National Collegiate Athletic Association Sanction Colleges And Universities With Native American Mascots?, Kenneth B. Franklin

Journal of Intellectual Property Law

No abstract provided.


Martha Graham, Professor Miller And The "Work For Hire" Doctrine: Undoing The Judicial Bind Created By The Legislature, Nancy S. Kim Oct 2016

Martha Graham, Professor Miller And The "Work For Hire" Doctrine: Undoing The Judicial Bind Created By The Legislature, Nancy S. Kim

Journal of Intellectual Property Law

The current work for hire doctrine, as embodied by 17 U.S.C. Sections 101 and 201 and interpreted by the judiciary, provides a default rule of copyright ownership in favor of employers where a work is created by an employee in the scope of employment. In the absence of a written agreement, a finding that an engagement is a work for hire under the statute automatically results in all ownership being vested in the employer. This result often contradicts business norms and the understanding of one or both of the parties. In this Article, the author advocates abolishing the all-or-nothing concept …


Patent Drafter Estoppel: Why Didn't Sage Products Create A New Foreseeability Limitation On The Application Of The Doctrine Of Equivalents?, Christopher M. Kaiser Oct 2016

Patent Drafter Estoppel: Why Didn't Sage Products Create A New Foreseeability Limitation On The Application Of The Doctrine Of Equivalents?, Christopher M. Kaiser

Journal of Intellectual Property Law

No abstract provided.


Intellectual Property And The Protection Of Industrial Design: Are Sui Generis Protection Measures The Answer To Vocal Opponents And A Reluctant Congress?, Regan E. Keebaugh Oct 2016

Intellectual Property And The Protection Of Industrial Design: Are Sui Generis Protection Measures The Answer To Vocal Opponents And A Reluctant Congress?, Regan E. Keebaugh

Journal of Intellectual Property Law

No abstract provided.


Digital Photography And The Internet, Rethinking Privacy Law, Jim Barr Coleman Oct 2016

Digital Photography And The Internet, Rethinking Privacy Law, Jim Barr Coleman

Journal of Intellectual Property Law

No abstract provided.


Who Owns Kim Basinger? The Right Of Publicity's Place In The Bankruptcy System, Jody C. Campbell Oct 2016

Who Owns Kim Basinger? The Right Of Publicity's Place In The Bankruptcy System, Jody C. Campbell

Journal of Intellectual Property Law

No abstract provided.


Is The Monopoly Theory Of Trademarks Robust Or A Bust?, Harold R. Weinberg Oct 2016

Is The Monopoly Theory Of Trademarks Robust Or A Bust?, Harold R. Weinberg

Journal of Intellectual Property Law

The monopoly theory of trademarks would antitrustize trademark law by incorporating antitrust legal precedent, economics, policies, reasoning, and terminology. The theory is comprised of six interrelated postulates contained in trademark law and scholarship. The postulates are (1) trademarks are monopolies; (2) trademark monopolies are like illegal antitrust monopolies because both harm competition; (3) trademark law is like antitrust law because both value competition; (4) trademark law is like antitrust law because both apply economic methodology to product markets; (5) an antitrust lens can help one understand trademarks and trademark law; and (6) an antitrust lens can help one decide whether …


Images Of Public Places: Extending The Copyright Exemption For Pictorial Representations Of Architectural Works To Other Copyrighted Works, Andrew Inesi Oct 2016

Images Of Public Places: Extending The Copyright Exemption For Pictorial Representations Of Architectural Works To Other Copyrighted Works, Andrew Inesi

Journal of Intellectual Property Law

No abstract provided.


A Positive Externalities Approach To Copyright Law: Theory And Application, Jeffrey L. Harrison Oct 2016

A Positive Externalities Approach To Copyright Law: Theory And Application, Jeffrey L. Harrison

Journal of Intellectual Property Law

This Article has two goals. The first is to explain in some detail what copyright law might look like if it reflected economic reasoning. The second is to put to the test the question of whether copyright law is as far out of sync with economic guidelines as cases ranging from White-Smith Music to Eldred suggest. Although this introduction has stressed the economic irrationality of copyright law, could it actually be that within copyright decisions there is an implicit economic sensibility?


Deficiencies And Proposed Recommendations To The False Marking Statute: Controlling Use Of The Term 'Patent Pending', Bonnie Grant Oct 2016

Deficiencies And Proposed Recommendations To The False Marking Statute: Controlling Use Of The Term 'Patent Pending', Bonnie Grant

Journal of Intellectual Property Law

No abstract provided.