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Full-Text Articles in Law

Cross-Jurisdictional Analysis Of Damage Awards In Copyright Infringement Cases, Ioana Vasiu, Lucian Vasiu Jan 2021

Cross-Jurisdictional Analysis Of Damage Awards In Copyright Infringement Cases, Ioana Vasiu, Lucian Vasiu

Journal of Intellectual Property Law

Copyright infringement is a widespread phenomenon that produces massive financial losses to stakeholders. Based on an extensive examination of damage awards in copyright infringement cases from the United States, Canada, Singapore, and Italy, this article proposes a comprehensive cross-jurisdictional analysis. The analysis regards types, factors, methodologies, and arguments. This article's findings can be used to adjust the provisions regarding damage awards, to improve the litigation of such cases, to elaborate educational materials, for professional programs or law school clinics, and to develop better prevention policies. The proposed improvements could lead to a more unified approach to damage awards, increase the …


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.


State Regulation Of Keyword Advertising: A Lesson From The Utah Legislature, Mary Candice Barrett Sep 2016

State Regulation Of Keyword Advertising: A Lesson From The Utah Legislature, Mary Candice Barrett

Journal of Intellectual Property Law

No abstract provided.


When California Dreamin' Becomes A Hollywood Nightmare; Copyright Infringement And The Motion Picture Screenplay: Toward An Improved Framework, Nick Gladden Jun 2016

When California Dreamin' Becomes A Hollywood Nightmare; Copyright Infringement And The Motion Picture Screenplay: Toward An Improved Framework, Nick Gladden

Journal of Intellectual Property Law

No abstract provided.


Copyright And Freedom Of Expression In Historical Perspective, Pamela Samuelson Jun 2016

Copyright And Freedom Of Expression In Historical Perspective, Pamela Samuelson

Journal of Intellectual Property Law

No abstract provided.


Copyright Protection For Attorney Work Product: Practical And Ethical Considerations, Stanley F. Birch Jr. Jun 2016

Copyright Protection For Attorney Work Product: Practical And Ethical Considerations, Stanley F. Birch Jr.

Journal of Intellectual Property Law

No abstract provided.


Sine Qua Non: Trademark Infringement, Likelihood Of Confusion, And The Business Of Collegiate Licensing, C. Knox Withers Apr 2016

Sine Qua Non: Trademark Infringement, Likelihood Of Confusion, And The Business Of Collegiate Licensing, C. Knox Withers

Journal of Intellectual Property Law

No abstract provided.


"Every Artist Is A Cannibal, Every Poet Is A Thief": Why The Supreme Court Was Right To Reverse The Ninth Circuit In Dastar Corp. V. Twentieth Century Fox Film Corp., Joshua K. Simko Apr 2016

"Every Artist Is A Cannibal, Every Poet Is A Thief": Why The Supreme Court Was Right To Reverse The Ninth Circuit In Dastar Corp. V. Twentieth Century Fox Film Corp., Joshua K. Simko

Journal of Intellectual Property Law

No abstract provided.


Does The Lanham Act Lose Meaning For Companies That Operate Exclusively Over The Internet?, Sheila D. Rizzo Apr 2016

Does The Lanham Act Lose Meaning For Companies That Operate Exclusively Over The Internet?, Sheila D. Rizzo

Journal of Intellectual Property Law

This Note will examine the differences between trademark registration and domain name registration, focusing specifically on the terms an applicant may register, the rights associated with those registrations, and the manner in which a registrant may lose, assign, and enforce those rights so that others my not use the same registered terms. This Note will also suggest that a company operating exclusively over the internet may obtain greater rights, and therefore protection, than a typical bricks and mortar company, simply by registering its domain name, and not trademark status.


Toward A Definition Of Striking Similarity In Infringement Actions For Copyrighted Musical Works, John R. Autry Apr 2016

Toward A Definition Of Striking Similarity In Infringement Actions For Copyrighted Musical Works, John R. Autry

Journal of Intellectual Property Law

No abstract provided.


Exceptionally Vague: Attorney Fee Shifting Under The Lanham Act, Kelsie Willett Apr 2016

Exceptionally Vague: Attorney Fee Shifting Under The Lanham Act, Kelsie Willett

Journal of Intellectual Property Law

No abstract provided.


The Road To Hell Was Paved With A Good Faith Belief: Why The Supreme Court Correctly Rejected The Good Faith Belief In The Invalidity Of A Patent Defense For Dangerously Narrowing Induced Infringement Liability, Sidney C. Eberhart Apr 2016

The Road To Hell Was Paved With A Good Faith Belief: Why The Supreme Court Correctly Rejected The Good Faith Belief In The Invalidity Of A Patent Defense For Dangerously Narrowing Induced Infringement Liability, Sidney C. Eberhart

Journal of Intellectual Property Law

No abstract provided.


Likelihood Of Confusion Determinations: A Survey Of Eleventh Circuit Jurisprudence, Theodore H. Davis Jr. Mar 2016

Likelihood Of Confusion Determinations: A Survey Of Eleventh Circuit Jurisprudence, Theodore H. Davis Jr.

Journal of Intellectual Property Law

No abstract provided.


Evil Angel Eulogy: Reflections On The Passing Of The Obscenity Defense In Copyright, James R. Alexander Feb 2016

Evil Angel Eulogy: Reflections On The Passing Of The Obscenity Defense In Copyright, James R. Alexander

Journal of Intellectual Property Law

No abstract provided.


You Look Complicated Today: Representing An Illegal Graffiti Artist In A Copyright Infringement Case Against A Major International Retailer, John Eric Seay Feb 2016

You Look Complicated Today: Representing An Illegal Graffiti Artist In A Copyright Infringement Case Against A Major International Retailer, John Eric Seay

Journal of Intellectual Property Law

No abstract provided.


Fighting Piracy With Censorship: The Operation In Our Sites Domain Seizures V. Free Speech, Michael Joseph Harrell Dec 2015

Fighting Piracy With Censorship: The Operation In Our Sites Domain Seizures V. Free Speech, Michael Joseph Harrell

Journal of Intellectual Property Law

No abstract provided.


Diametrically Opposing Viewpoints: Why Polar Opposites Should Not Attract The Parody Label Under The Fair Use Exception To Copyright Infringement, Robyn M. Flegal Dec 2015

Diametrically Opposing Viewpoints: Why Polar Opposites Should Not Attract The Parody Label Under The Fair Use Exception To Copyright Infringement, Robyn M. Flegal

Journal of Intellectual Property Law

No abstract provided.


Unauthorized Digital Sampling In The Changing Music Landscape, Ryan Lloyd Nov 2015

Unauthorized Digital Sampling In The Changing Music Landscape, Ryan Lloyd

Journal of Intellectual Property Law

No abstract provided.


Fault Lines In Trademark Default Judgments, David S. Welkowitz Nov 2015

Fault Lines In Trademark Default Judgments, David S. Welkowitz

Journal of Intellectual Property Law

No abstract provided.