Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Entertainment, Arts, and Sports Law (13)
- Arts and Humanities (10)
- Constitutional Law (8)
- Engineering (6)
- Business (5)
-
- Art and Design (4)
- Commercial Law (4)
- First Amendment (4)
- Food and Drug Law (3)
- Marketing Law (3)
- Advertising and Promotion Management (2)
- Arts Management (2)
- Biomedical Engineering and Bioengineering (2)
- Fashion Design (2)
- Internet Law (2)
- Law and Society (2)
- Photography (2)
- Administrative Law (1)
- Agriculture Law (1)
- American Popular Culture (1)
- American Studies (1)
- Antitrust and Trade Regulation (1)
- Architecture (1)
- Audio Arts and Acoustics (1)
- Bankruptcy Law (1)
- Biblical Studies (1)
- Bioethics and Medical Ethics (1)
- Business Administration, Management, and Operations (1)
Articles 1 - 30 of 64
Full-Text Articles in Law
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
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
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
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
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
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
Journal of Intellectual Property Law
No abstract provided.
"Within The Limits Of The Constitutional Grant": Constitutional Limitations On The Patent Power, Edward C. Walterscheid
"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
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
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
"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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Journal of Intellectual Property Law
No abstract provided.
A Positive Externalities Approach To Copyright Law: Theory And Application, Jeffrey L. Harrison
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
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.
Pricey Purchases And Classy Customers: Why Sophisticated Consumers Do Not Need The Protection Of Trademark Laws, Meaghan E. Goodwin
Pricey Purchases And Classy Customers: Why Sophisticated Consumers Do Not Need The Protection Of Trademark Laws, Meaghan E. Goodwin
Journal of Intellectual Property Law
No abstract provided.
The Biotechnology Process Patent Act Of 1995: Providing Unresolved And Unrecognized Dilemmas In U.S. Patent Law, Becca Alley
The Biotechnology Process Patent Act Of 1995: Providing Unresolved And Unrecognized Dilemmas In U.S. Patent Law, Becca Alley
Journal of Intellectual Property Law
No abstract provided.