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Full-Text Articles in Law

Copyrights-Limitations On Proprietor's Exclusive Right To Vend, David M. Ebel May 1964

Copyrights-Limitations On Proprietor's Exclusive Right To Vend, David M. Ebel

Michigan Law Review

Plaintiff was the sole proprietor of copyrights on several educational toys. It had ordered a large number of these toys to be made by defendant manufacturer, but refused to accept them when tendered, claiming they were so defective in quality that their sale would impair plaintiff's reputation. When defendant manufacturer began selling the rejected toys to the co-defendants in order to recover its own investment in them, the plaintiff obtained a temporary restraining order against all defendants prohibiting further sales of the toys pending a determination of a motion for permanent injunction. The district court granted a preliminary injunction of …


Copyrights-Liabilty Of Store Owner For Sale Of Infringing Phonograph Records By Concessionaire, Terrence L. Croft Apr 1964

Copyrights-Liabilty Of Store Owner For Sale Of Infringing Phonograph Records By Concessionaire, Terrence L. Croft

Michigan Law Review

Defendant H. L. Green Company licensed defendant Jalen Amusement Company as concessionaire of the record departments in twenty-three of its stores. The licensing agreement required Jalen's employees to follow all Green's rules and regulations and empowered Green to discharge any employee found to be conducting himself improperly. The gross receipts of the record department were collected by Green, Jalen receiving only the amount remaining after deductions for the license fee, salaries, and taxes. Although Jalen ordered and paid for the records and its employees made all the sales, record purchasers were unaware of Jalen's autonomy in the record department. Plaintiff, …


Trademarks-Unfair Competition-Scope Of Federal Jurisdiction Under Section 43(A) Of The Lanham Act, Harry T. Edwards Apr 1964

Trademarks-Unfair Competition-Scope Of Federal Jurisdiction Under Section 43(A) Of The Lanham Act, Harry T. Edwards

Michigan Law Review

Plaintiff, a manufacturer and distributor of engine bearings and connecting rods for internal combustion engines, brought suit in a federal district court to enjoin the defendant from marketing and distributing the latter's products in containers which closely resembled those of the plaintiff, thereby falsely representing that the goods were produced by and originated with the plaintiff. The cause of action was based solely on section 43(a) of the Lanham Act. In dismissing the complaint, the district court ruled that any attempt to characterize the complaint as charging a "false description or representation" was without merit, and that "false designation of …


Federal Civil Procedure-Venue-Effect Of 1948 Judicial Code Definition Of Corporate Residence On Venue Under The Jones Act, Mary Mandana Long Mar 1964

Federal Civil Procedure-Venue-Effect Of 1948 Judicial Code Definition Of Corporate Residence On Venue Under The Jones Act, Mary Mandana Long

Michigan Law Review

Plaintiff seaman, having been injured while serving on a vessel owned and operated by the defendant corporations, brought a civil action in federal district court alleging claims for negligence under the Jones Act, for unseaworthiness, and for maintenance and cure. The venue provision of the Jones Act requires that actions under it be brought in the district in which the defendant employer resides or in which his principal office is located. Plaintiff filed his complaint in the Western District of Pennsylvania although defendants were incorporated and maintained their principal offices in Louisiana. Defendants' motions to dismiss on the ground of …


Know-How Licensing And The Antitrust Laws, David R. Macdonald Jan 1964

Know-How Licensing And The Antitrust Laws, David R. Macdonald

Michigan Law Review

The purpose of this article is to re-analyze the present antitrust status of know-how licensing for the purpose of clarifying the extent of the protection which the exploiter of know-how may accord himself without abusing the public interest in unfettered competition.