Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Patent (2)
- Software (2)
- Trademark (2)
- Alice (1)
- Antitrust (1)
-
- Art (1)
- Artist (1)
- Artistic Relevance (1)
- Autonomy (1)
- Ballers (1)
- Barbie (1)
- Batman (1)
- Betting (1)
- Big Data (1)
- Billionaire (1)
- British (1)
- Bully (1)
- Circuit Split (1)
- Cognitive (1)
- Commerce Clause (1)
- Concussion (1)
- Constitution (1)
- Copyright (1)
- Creation (1)
- Crime (1)
- DTSA (1)
- Dallas (1)
- Data Breach Notifications (1)
- Data Collection (1)
- Data Security (1)
Articles 1 - 21 of 21
Full-Text Articles in Law
Toward A More Coherent Doctrine Of Trademark Genericism And Functionality: Focusing On Fair Competition, Sandra L. Rierson
Toward A More Coherent Doctrine Of Trademark Genericism And Functionality: Focusing On Fair Competition, Sandra L. Rierson
Fordham Intellectual Property, Media and Entertainment Law Journal
The doctrines of trademark genericism and functionality serve similar functions under the Lanham Act and the common law of unfair competition. Genericism, in the context of word marks, and functionality, for trade dress, bar trademark registration under the Lanham Act and, both under the Act and at common law, render a trademark unprotectable and invalid. In the word mark context, genericism stands for the proposition that certain parts of vocabulary cannot be cordoned off as trademarks; all competitors must be able to use words that consumers understand to identify the goods or services that they are selling. Functionality likewise demands …
A Paper Shield? Whether State Privilege Protections Apply To Student Journalists, Jonathan Peters, Genelle Belmas, Piotr Bobkowski
A Paper Shield? Whether State Privilege Protections Apply To Student Journalists, Jonathan Peters, Genelle Belmas, Piotr Bobkowski
Fordham Intellectual Property, Media and Entertainment Law Journal
Most states recognize a privilege for journalists to protect confidential sources from compelled disclosure. The privilege varies from state to state, and a major difference is how they define a journalist—i.e., a person qualified to claim the privilege. Some schemes are narrow and limit their coverage to employees of professional news organizations. Others are broad and cover freelancers, filmmakers, bloggers, and others who gather information for publication. But what about student journalists? Are they covered? In recent years, as traditional media have adapted to changing circumstances, student journalists have played a vital role in meeting their communities’ needs for news. …
Nonconsensual Pornography: An Old Crime Updates Its Software, Jillian Roffer
Nonconsensual Pornography: An Old Crime Updates Its Software, Jillian Roffer
Fordham Intellectual Property, Media and Entertainment Law Journal
This Note proposes a statute that considers social media and the Internet. The proposed statute is advantageous because it understands how perpetrators abuse social media and the Internet and implements the protections that victims deserve from the legal system. When society understands the harms and “[w]hen there is no outlet for these images, no audience for these images, and no desire to post these images, that is when the images will cease to cause harm to victims.” The lessons from the criminalization of other forms of gender abuse indicate that society needs to change its attitude toward crimes that predominately …
Autonomy Challenges In The Age Of Big Data, Sofia Grafanaki
Autonomy Challenges In The Age Of Big Data, Sofia Grafanaki
Fordham Intellectual Property, Media and Entertainment Law Journal
This Article examines how technological advances in the field of “Big Data” challenge meaningful individual autonomy (and by extension democracy), are redefining the process of self-formation and the relationship between self and society, and can cause harm that cannot be addressed under current regulatory frameworks. Adopting a theory of autonomy that includes both the exploration process an individual goes through in order to develop authentic and independent desires that lead to his actions, as well as the independence of the actions and decisions themselves, this Article identifies three distinct categories of autonomy challenges that Big Data technologies present. The first …
The Billionaire’S Treasure Trove: A Call To Reform Private Art Museums And The Private Benefit Doctrine, E. Alex Kirk
The Billionaire’S Treasure Trove: A Call To Reform Private Art Museums And The Private Benefit Doctrine, E. Alex Kirk
Fordham Intellectual Property, Media and Entertainment Law Journal
Thanks to the new generation of billionaire art collectors, and the recent boom in the art market, a growing number of high-net-worth patrons are creating their own tax-exempt private art museums. These “jewel-box” museums provide invaluable public benefits, lead to growth and innovation in the private museum sector, and encourage donors to pursue more avant-gardes collecting strategies. This advantageous tax-saving strategy appeals to wealthy individuals, who wish to maintain control over their art collection, and still receive generous charitable income tax deductions. However, several private museums have recently come under fire due to private benefit concerns. To qualify for federal …
Tort Vision For The New Millenium: Strengthening News Industry Standards As A Defense Tool In Lawsuits Over Newsgathering Techniques, Michael W. Richards
Tort Vision For The New Millenium: Strengthening News Industry Standards As A Defense Tool In Lawsuits Over Newsgathering Techniques, Michael W. Richards
Fordham Intellectual Property, Media and Entertainment Law Journal
“A Generation of Vipers,” proclaimed the cover story in The Columbia Journalism Review, as the nation’s most esteemed voice of media criticism evaluated the journalistic landscape of the mid- 1990s. The healthy skepticism that prompts journalism professors to instruct: “if your mother says she loves you, get a second source,” has been replaced by wholesale cynicism, suggests this critique. “It’s worth noting that, in several dozen interviews, no journalist reported becoming less cynical over a lifetime of reporting.” If cynicism has infected contemporary journalists, then it ap- pears the public has responded with cynicism of its own— apparently viewing the …
Biovail V. Hoechst Aktiengesellschaf, Inc: An Analysis Under The Sherman Act And The Noerr-Pennington Doctrine, John F. Resek Ph.D.
Biovail V. Hoechst Aktiengesellschaf, Inc: An Analysis Under The Sherman Act And The Noerr-Pennington Doctrine, John F. Resek Ph.D.
Fordham Intellectual Property, Media and Entertainment Law Journal
The Hatch-Waxman Act of 1984 regulates approval by the Food and Drug Administration (“FDA”) of generic counterparts to patented drugs. In a series of recent cases, large pharmaceutical companies have been accused of exploiting Hatch-Waxman in violation of the antitrust laws. In essence, the allegations are concerned with the large pharmaceutical companies that have paid manufacturers not to market inexpensive generic versions of patented drugs, thereby restraining trade and maintaining a monopoly. In the case of Biovail v. Hoechst Aktiengesellschaf, Inc., the generic drug manufacturer, Biovail, sued Hoechst Aktiengesellschaf (“Hoechst”), a pharmaceutical company, for antitrust violations resulting from Biovail’s effort …
The Nba’S Deal With The Devil: The Antitrust Implications Of The 1999 Nba-Nbpa Collective Bargaining Agreement, Dan Messeloff
The Nba’S Deal With The Devil: The Antitrust Implications Of The 1999 Nba-Nbpa Collective Bargaining Agreement, Dan Messeloff
Fordham Intellectual Property, Media and Entertainment Law Journal
A frigid dawn had not yet begun to rise when a group of weary negotiators concluded an eleven-hour, eleventh-hour meeting high above the streets of midtown Manhattan. At 7:00 p.m. on January 6, 1999, six men gathered to decide the fate of what had become, essentially over the course of the previous decade, an immensely successful element of American popular culture – professional basketball. At approximately 5:30 a.m. on January 7, 1999, an agreement was finally reached between the representatives of the National Basketball Association (“the NBA” or “the league”) and of the National Basketball Players’ Association (“the NBPA” or …
Rio Grande: The Mp3 Showdown At Highnoon In Cyberspace, Paul Veravanich
Rio Grande: The Mp3 Showdown At Highnoon In Cyberspace, Paul Veravanich
Fordham Intellectual Property, Media and Entertainment Law Journal
As the new millennium dawns, a battle is shaping up in cyber- space that may redefine the manner in which many people obtain copies of their favorite music. In one corner stands the record and music industry, seeking to protect their current distribution channels and to control the dissemination of their intellectual property over the Internet. In the other corner, a group consisting of Inter- net mavens, some musical artists, including acts ranging from in- dependent bands to well-established headliners, and the ever present cyberpirates, stand ready to exploit the Internet as a means to quickly and cheaply distribute and …
The Rational Basis Of Trademark Protection Revisited: Putting The Dilution Doctrine Into Context, Mathias Strasser
The Rational Basis Of Trademark Protection Revisited: Putting The Dilution Doctrine Into Context, Mathias Strasser
Fordham Intellectual Property, Media and Entertainment Law Journal
The adoption of the Federal Trademark Dilution Act (the “FTDA”) in 1995, which incorporated a federal dilution clause into the Lanham Act, was preceded by a great deal of debate. The question lying at the heart of the discussion was whether the dilution doctrine is consistent with sound trademark policy or whether the far-reaching entitlements that the FTDA affords the owners of famous marks have instead created “dilution” of a kind that Congress may not have envisaged: a blurring of the conceptual boundaries of trademark law. It turns out that this question has important implications on a number of trademark …
Trademark Practice In A Dynamic Economy: More Deals, More Laws, More Resources Than Ever For The Trademark Practitioner, Jill C. Greenwald, Richard Buchband, Brian S. Mudge, Susan Douglass
Trademark Practice In A Dynamic Economy: More Deals, More Laws, More Resources Than Ever For The Trademark Practitioner, Jill C. Greenwald, Richard Buchband, Brian S. Mudge, Susan Douglass
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Tort Vision For The New Millennium: Strengthening News Industry Standards As A Defense Tool In Law Suits Over Newsgathering Techniques Essay, Micahel W. Richards
Tort Vision For The New Millennium: Strengthening News Industry Standards As A Defense Tool In Law Suits Over Newsgathering Techniques Essay, Micahel W. Richards
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Inter Partes Patent Reexamination Essay, Mark D. Janis
Inter Partes Patent Reexamination Essay, Mark D. Janis
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Liar! Liar? The Defamatory Impact Of “Liar” In The Modern World, Roy S. Gutterman
Liar! Liar? The Defamatory Impact Of “Liar” In The Modern World, Roy S. Gutterman
Fordham Intellectual Property, Media and Entertainment Law Journal
Calling someone a liar is an age-old epithet. Depending on the context, calling someone a liar could be defamatory, causing harm to a reputation. But, more often than not, calling someone a liar may be simply an expression of opinion. In some settings, litigation surrounding the publication also implicates the First Amendment. In recent years, several courts have weighed in on this issue, some with conflicting outcomes. This Article examines whether accusations of dishonesty or lying in a modern media world has a defamatory impact.
Recreating Copyright: The Cognitive Process Of Creation And Copyright Law, Omri Rachum-Twaig
Recreating Copyright: The Cognitive Process Of Creation And Copyright Law, Omri Rachum-Twaig
Fordham Intellectual Property, Media and Entertainment Law Journal
Copyright law reflects the intuitive understanding of creativity in the eyes of the law. This is because copyright law’s primary goal is to promote creativity. But is the legal understanding of creativity in line with cognitive psychology’s understanding of the creative process? This Article examines whether copyright law is harmonious with cognitive psychology’s understanding of creativity. Some scholars posit that theories of creativity fit well with current copyright law. In an article published in the Harvard Law Review, Joseph Fishman, a scholar studying the relationship between intellectual property and creativity, argued that, based upon some ac- counts of creativity, copyright …
The Time Is Now: Why The United States Should Adopt The British Model Of Sports Betting Legislation, Zach Schreiber
The Time Is Now: Why The United States Should Adopt The British Model Of Sports Betting Legislation, Zach Schreiber
Fordham Intellectual Property, Media and Entertainment Law Journal
Gambling has been the subject of controversy since its inception. While some claim that it is a “gentleman’s game” and a means of social entertainment, others argue that it is a sinful endeavor that enables corruption, scandal, and addiction. Today, there are several different types of gambling that occur in the United States—all with varying degrees of legality and regulation. For example, betting on horse racing is legal throughout the United States, and state-sanctioned lotteries are present in forty-four of fifty states.3 Commercial casinos, like those in Las Vegas and Atlantic City, are regulated on a state-by-state basis, and gambling …
The Split On The Rogers V. Grimaldi Gridiron: An Analysis Of Unauthorized Trademark Use In Artistic Mediums, Anthony Zangrillo
The Split On The Rogers V. Grimaldi Gridiron: An Analysis Of Unauthorized Trademark Use In Artistic Mediums, Anthony Zangrillo
Fordham Intellectual Property, Media and Entertainment Law Journal
Movies, television programs, and video games often exploit trademarks within their content. In particular, various media often attempt to use the logos of professional sports teams within artistic works. Courts have utilized different methods to balance the constitutional protections of the First Amendment with the property interests granted to the owner of a trademark. This Note discusses these methods, which include the alternative avenues approach, the likelihood of confusion test, and the right of publicity analysis. Ultimately, many courts utilize the framework presented in the seminal Rogers v. Grimaldi decision. This test analyzes the artistic relevance of the trademark’s use …
The Ieee-Sa Revised Patent Policy And Its Definition Of “Reasonable” Rates: A Transatlantic Antitrust Divide?, Nicolas Petit
The Ieee-Sa Revised Patent Policy And Its Definition Of “Reasonable” Rates: A Transatlantic Antitrust Divide?, Nicolas Petit
Fordham Intellectual Property, Media and Entertainment Law Journal
The Institute of Electrical and Electronics Engineers Standards Association’s (“IEEE-SA”) updated patent policy and a business review letter issued by the United States Department of Justice (“DOJ”) have caused much discussion in the United States. The purpose of this Article is to assess whether a similarly lenient antitrust approach to Standard Setting Organizations’ (“SSOs”) rate-setting policies would prevail under the European Union’s (“EU”) competition rules. Recent EU competition case law has promoted a very hard line in the area of coordinated conduct. Cases such as Dole Food Company, Inc. v. European Commission, T-Mobile Netherlands BV v. Raad van bestuur van …
The Dtsa’S Federalism Problem: Federal Court Jurisdiction Over Trade Secrets, Conor Tucker
The Dtsa’S Federalism Problem: Federal Court Jurisdiction Over Trade Secrets, Conor Tucker
Fordham Intellectual Property, Media and Entertainment Law Journal
The Defend Trade Secrets Act of 2016 (“DTSA”) greatly expanded federal protection of trade secrets. But how many trade secrets were “federalized”? The short answer is: many, but not all. At the heart of the DTSA lies a mammoth jurisdictional problem: Congress only federalized certain trade secrets. Unlike copyrights and patents, Congress has no independent constitutional basis to regulate trade secrets. Instead, like trademarks, trade secrets are regulated under the commerce clause and must satisfy a jurisdictional element, which requires a nexus between interstate commerce and trade secrets. But unlike trademarks, Congress chose not to legislate to the fullest extent …
After The Gold Rush: The Boom Of The Internet Of Things, And The Busts Of Data-Security And Privacy, Dalmacio V. Posadas Jr.
After The Gold Rush: The Boom Of The Internet Of Things, And The Busts Of Data-Security And Privacy, Dalmacio V. Posadas Jr.
Fordham Intellectual Property, Media and Entertainment Law Journal
This Article addresses the impact that the lack of oversight of the Internet of Things has on digital privacy. While the Internet of Things is but one vehicle for technological innovation, it has created a broad glimpse into domestic life, thus triggering several privacy issues that the law is attempting to keep pace with. What the Internet of Things can reveal is beyond the control of the individual, as it collects information about every practical aspect of an individual’s life, and provides essentially unfettered access into the mind of its users. This Article proposes that the federal government and the …
Patently Insane For Patents: A Judge-By-Judge Analysis Of The Federal Circuit’S Post-Alice Patentable Subject Matter Eligibility Of Abstract Ideas Jurisprudence, Matthew B. Hershkowitz
Patently Insane For Patents: A Judge-By-Judge Analysis Of The Federal Circuit’S Post-Alice Patentable Subject Matter Eligibility Of Abstract Ideas Jurisprudence, Matthew B. Hershkowitz
Fordham Intellectual Property, Media and Entertainment Law Journal
The Information Age exposed the U.S. patent system to patentable subject matter that it had never considered before. In particular, software tested the courts’ understanding of patentable subject matter under section 101 of title 35 of the U.S. Code. The Supreme Court grappled with this issue in its Alice Corp. v. CLS Bank International decision, which greatly affected the patentability of software. However, the Supreme Court did not define the precise contours of patentable subject matter in Alice, and as a result, the Federal Circuit has wrestled with its meaning ever since. This Note discusses the approaches Federal Circuit judges …