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- Fordham Intellectual Property, Media and Entertainment Law Journal (5)
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Articles 1 - 30 of 30
Full-Text Articles in Law
Who Owns Your Name? The Trend And Economic Impact Of Personal Trademarks In The Ncaa Nil Aftermath, Daniel Foster
Who Owns Your Name? The Trend And Economic Impact Of Personal Trademarks In The Ncaa Nil Aftermath, Daniel Foster
The Journal of Business, Entrepreneurship & the Law
To aid in understanding the prevalence of personal athlete logos and the trend of ownership and design, Section II will outline the history of this area of trademark law in the United States. It will provide background on the theory of trademark ownership and the development of this intellectual property discipline in the athletic and celebrity sphere. Section II will look at the two common and distinct processes, a company-designed logo versus an athlete-designed logo, and the modern trends in this area. Moving on from this historical discussion, Section III will examine the 2021 decision of NCAA v. Alston, the …
The First Sale Doctrine And Foreign Sales: The Economic Implications In The United States Textbook Market, Garry A. Gabison
The First Sale Doctrine And Foreign Sales: The Economic Implications In The United States Textbook Market, Garry A. Gabison
University of Massachusetts Law Review
This Article investigates the impact of the Kirtsaeng decision. After discussing the first sale doctrine, this Article presents the issues around implementing a worldwide first sale doctrine. International treaties attempt to ensure that authors can benefit from their work by affording them similar protections in different jurisdictions. But a worldwide first sale exhaustion limits the ability of copyright holders to profit from their work because it allows the author to compete with its own work that had been priced differently in different jurisdictions. Finally, this Article tests whether, in the United States, the price of textbooks has been affected by …
The Data Market: A Proposal To Control Data About You, David Shaw, Daniel W. Engels
The Data Market: A Proposal To Control Data About You, David Shaw, Daniel W. Engels
SMU Data Science Review
The current legal and economic infrastructure facilitating data collection practices and data analysis has led to extreme over-collection of data and the overall loss of personal privacy. Data over-collection has led to a secondary market for consumer data that is invisible to the consumer and results in a person's data being distributed far beyond their knowledge or control. In this paper, we propose a Data Market framework and design for personal data management and privacy protection in which the individual controls and profits from the dissemination of their data. Our proposed Data Market uses a market-based approach utilizing blockchain distributed …
Intellectual Property And The Prisoner’S Dilemma: A Game Theory Justification Of Copyrights, Patents, And Trade Secrets, Adam D. Moore
Intellectual Property And The Prisoner’S Dilemma: A Game Theory Justification Of Copyrights, Patents, And Trade Secrets, Adam D. Moore
Fordham Intellectual Property, Media and Entertainment Law Journal
In this article, I will offer an argument for the protection of intellectual property based on individual self-interest and prudence. In large part, this argument will parallel considerations that arise in a prisoner’s dilemma game. In brief, allowing content to be unprotected in terms of free access leads to a sub-optimal outcome where creation and innovation are suppressed. Adopting the institutions of copyright, patent, and trade secret is one way to avoid these sub-optimal results.
Using Signal Theory To Determine Nonobviousness Of Inventions, Michael O'Brien, Idonah Molina
Using Signal Theory To Determine Nonobviousness Of Inventions, Michael O'Brien, Idonah Molina
Journal of Intellectual Property Law
No abstract provided.
Perverse Innovation, Dan L. Burk
Perverse Innovation, Dan L. Burk
William & Mary Law Review
An inescapable feature of regulation is the existence of loopholes: activities that formally comply with the text of regulation, but which in practice avoid the desired outcome of the regulation. Considerable ingenuity may be devoted to exploiting regulatory loopholes. Where technological regulation is at issue, such ingenuity may often be devoted to developing new technology that avoids the regulation; such innovation may be termed “perverse” because it is directed to avoiding the regulation that prompted it. Nonetheless, in this Article I argue that such regulatory circumvention may result in socially beneficial innovation. Drawing on insights from innovation policy in the …
Another Bite At The Apple For Trade Secret Protection: Why Stronger Federal Laws Are Needed To Protect A Corporation's Most Valuable Property, Alissa Cardillo
Another Bite At The Apple For Trade Secret Protection: Why Stronger Federal Laws Are Needed To Protect A Corporation's Most Valuable Property, Alissa Cardillo
Brooklyn Journal of Corporate, Financial & Commercial Law
Trade secrets are one of a corporation’s most valuable assets. However, they lack adequate protection under federal law, leaving them vulnerable to theft and misappropriation. As technology advances, it becomes easier and less time consuming for individuals and entities to access and steal trade secrets to a corporation’s detriment. Most often these thefts involve stealing trade secrets in an intangible form. Current legislation fails to adequately protect intangible trade secrets, leaving them vulnerable to theft. An amendment to the National Stolen Property Act that encompasses intangible trade secrets would close a loophole that currently exists relating to intangible assets, allowing …
Copyrights And Trademarks In Cyberspace: A Legal And Economic Analysis, Georgios I. Zekos
Copyrights And Trademarks In Cyberspace: A Legal And Economic Analysis, Georgios I. Zekos
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Federalist Society’S Intellectual Property Practice Group And Its Stanford Law School Present A Debate On Open Source And Intellectual Property Rights, Lawrence Lessig, F. Scott Kieff, G. Marcus Cole
Federalist Society’S Intellectual Property Practice Group And Its Stanford Law School Present A Debate On Open Source And Intellectual Property Rights, Lawrence Lessig, F. Scott Kieff, G. Marcus Cole
University of Massachusetts Law Review
Transcript of the Federalist Society’s Intellectual Property Practice Group and its Stanford Law School Chapter debate on Open Source and Intellectual Property Rights with panelists Professor Lawrence Lessig from Stanford University and Professor F. Scott Kieff from Stanford University and moderated by Professor G. Marcus Cole from Stanford Law School. This debate took place on Wednesday, March 30, 2005 in Palo Alto, California.
International Intellectual Property Scholars Series: A Fundamental Critique Of The Law-And-Economics Analysis Of Intellectual Property Rights, Andreas Rahmatian
International Intellectual Property Scholars Series: A Fundamental Critique Of The Law-And-Economics Analysis Of Intellectual Property Rights, Andreas Rahmatian
Marquette Intellectual Property Law Review
None.
An Economic View Of Innovation And Property Right Protection In The Expanded Regulatory State, J. Miles Hanisee
An Economic View Of Innovation And Property Right Protection In The Expanded Regulatory State, J. Miles Hanisee
Pepperdine Law Review
No abstract provided.
Continuing The Conversation Of "The Economic Irrationality Of The Patent Misuse Doctrine", Christa J. Laser
Continuing The Conversation Of "The Economic Irrationality Of The Patent Misuse Doctrine", Christa J. Laser
Chicago-Kent Journal of Intellectual Property
This Article uses economic tools to find the best way for courts to construe or for Congress to modify the patent misuse doctrine. It attempts to continue the conversation begun by Professor Mark Lemley in his often-cited Comment, The Economic Irrationality of the Patent Misuse Doctrine. It argues that a partial economic equilibrium in patent misuse doctrine can be achieved by attempting to match Congress’s intended patent scope with the actual patent scope. It then holds that the ideal patent misuse doctrine should (1) adequately discourage patentees from seeking to exceed their patent scope while (2) continuing to encourage innovation …
Korea's Patent Policy And Its Impact On Economic Development: A Model For Emerging Countries?, Jay A. Erstling, Ryan E. Strom
Korea's Patent Policy And Its Impact On Economic Development: A Model For Emerging Countries?, Jay A. Erstling, Ryan E. Strom
San Diego International Law Journal
The purpose of this paper will be to examine Korean patent policy as exemplified by its patent legislation and the activities of KIPO. Part II will take a brief look at the rationale underpinning Korea’s confidence in the power of the patent system to stimulate economic growth. Part III of the paper will look at the Korean Patent Act as an example of strong, comprehensive patent legislation that fully complies with international standards and responds well to the perceived needs of patent applicants. Part III will examine one of the highlights of Korean patent legislation, the Korean Invention Promotion Act, …
An Alternative Approach To Channeling?, Mark P. Mckenna
An Alternative Approach To Channeling?, Mark P. Mckenna
William & Mary Law Review
Intellectual property law has developed a variety of doctrines to police the boundaries between various forms of protection. Courts and scholars alike overwhelmingly conceive of these doctrines in terms of the nature of the objects of protection. The functionality doctrine in trademark law, for example, defines the boundary between trademark and patent law by identifying and refusing trademark protection to features that play a functional role in a product's performance. Likewise, the useful article doctrine works at the boundary of copyright and patent law to identify elements of an article's design that are dictated by function and to channel protection …
Spillovers Theory And Its Conceptual Boundaries, Brett Frischmann
Spillovers Theory And Its Conceptual Boundaries, Brett Frischmann
William & Mary Law Review
No abstract provided.
Who Owns The Key To The Vault? Hold-Up, Lock-Out, And Other Copyright Strategies, Andrea Pacelli
Who Owns The Key To The Vault? Hold-Up, Lock-Out, And Other Copyright Strategies, Andrea Pacelli
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Questioning The Justifiability Of Innovation Protection In Antimicrobial Drugs: A Law And Economics Perspective, Ankur Sood, Vardaan Ahluwalia
Questioning The Justifiability Of Innovation Protection In Antimicrobial Drugs: A Law And Economics Perspective, Ankur Sood, Vardaan Ahluwalia
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
A New Tool For Analyzing Intellectual Property, Stephen M. Mcjohn
A New Tool For Analyzing Intellectual Property, Stephen M. Mcjohn
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
A New Economics Of Trademarks, David W. Barnes
A New Economics Of Trademarks, David W. Barnes
Northwestern Journal of Technology and Intellectual Property
Conventional wisdom holds that trademarks are nothing like other intellectual property. Copyright and patent law are theoretically based in public goods theory and are designed to promote creation and disclosure of original expressions and novel, useful innovations. By contrast, trademarks are private goods and trademark law is designed to promote trade and encourage competition.
This article challenges conventional wisdom by demonstrating that trademarks are a type of public good that contributes to the public stock of useful ideas just as patented and copyrighted works do. This economic perspective suggests, again contrary to conventional trademark theory, that competitive markets fail to …
An Industrial Organization Approach To Copyright Law, Michael Abramowicz
An Industrial Organization Approach To Copyright Law, Michael Abramowicz
William & Mary Law Review
No abstract provided.
The Jekyll And Hyde Story Of International Trade: The Supreme Court In Phrma V. Walsh And The Trips Agreement, Srividhya Ragavan
The Jekyll And Hyde Story Of International Trade: The Supreme Court In Phrma V. Walsh And The Trips Agreement, Srividhya Ragavan
University of Richmond Law Review
No abstract provided.
Understanding The Market For Celebrity: An Economic Analysis Of The Right Of Publicity, Vincent M. De Gradpre
Understanding The Market For Celebrity: An Economic Analysis Of The Right Of Publicity, Vincent M. De Gradpre
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Paradigm Shifts And Access Controls: An Economic Analysis Of The Anticircumvention Provisions Of The Digital Millennium Copyright Act, Melissa A. Kern
Paradigm Shifts And Access Controls: An Economic Analysis Of The Anticircumvention Provisions Of The Digital Millennium Copyright Act, Melissa A. Kern
University of Michigan Journal of Law Reform
This Note addresses the broadened scope of protection granted to copyright holders under the anticircumvention provisions of the Digital Millennium Copyright Act of 1998 (DMCA). This broadened scope extends to copyright holders the right to control access to their works, diminishing the consumer's 'fair use" of those works that previously served as a defense to alleged copyright infringements. While access controls are supported by economists who believe they are useful in correcting market inefficiencies and excluding free riders, this Note suggests that access controls cannot correct all market inefficiencies. Furthermore, such access controls deny access and use of copyrighted material …
Labor Pains: Why Contraction Is Not The Solution To Major League Baseball’S Competitive Balance Problems, Bryan Day
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Start-Up Sports Leagues: Why These Leagues Are Entitled To Use The Ruinous Competition Defense To Justify Anticompetitive Restraints, Marc P. Schwartz*
Start-Up Sports Leagues: Why These Leagues Are Entitled To Use The Ruinous Competition Defense To Justify Anticompetitive Restraints, Marc P. Schwartz*
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Analyze This: A Law And Economics Agenda For The Patent System, Rebecca S. Eisenberg
Analyze This: A Law And Economics Agenda For The Patent System, Rebecca S. Eisenberg
Vanderbilt Law Review
Patent law as a field of academic study has benefited enormously from the attention of economists. Indeed, law professors are relative newcomers to the academic patent field, trickling in behind the economists in small but growing numbers as patent law evolves from an arcane, practitioner-taught specialty to a less marginal role in law school curriculums.' Yet considering the prominence of economists in academic discourse about the patent system, they have had relatively little impact on patent law and policy. One reason for this disparity between the role of economists in the academy and in policy arenas may be the indeterminacy …
Authors' Moral Rights In Non-European Nations: International Agreements, Economics, Mannu Bhandari, And The Dead Sea Scrolls, Jeffrey M. Dine
Authors' Moral Rights In Non-European Nations: International Agreements, Economics, Mannu Bhandari, And The Dead Sea Scrolls, Jeffrey M. Dine
Michigan Journal of International Law
This note undertakes to examine authors' moral rights in non-European countries. Section I will provide a brief comparative description of moral rights. Section II will discuss the treatment of moral rights in the Berne convention and the TRIPS agreement. Section III will then examine moral rights law in India and Israel, and two important cases from these nations, Mannu Bhandari v. Kala Vikas Pictures from India, and Qimron v. Shanks, from Israel. Mannu Bhandari deals with an author's moral right in the film adaptation of her work, Qimron with the moral rights of a scholar in the reconstruction of one …
Trademark Law, Economics And Grey-Market Policy, Lars H. Liebeler
Trademark Law, Economics And Grey-Market Policy, Lars H. Liebeler
Indiana Law Journal
No abstract provided.
The Patent-Antitrust Balance: Proposals For Change, N.R. Powers
The Patent-Antitrust Balance: Proposals For Change, N.R. Powers
Villanova Law Review
No abstract provided.
Principal Trademark Registration And Patent Policy: An Inherent Conflict Which Requires Denial Of Registration To Container Designs, Thomas R. Hendershot
Principal Trademark Registration And Patent Policy: An Inherent Conflict Which Requires Denial Of Registration To Container Designs, Thomas R. Hendershot
Villanova Law Review
No abstract provided.