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Full-Text Articles in Law
Of Trolls, Davids, Goliaths, And Kings: Narratives And Evidence In The Litigation Of High-Tech Patents, Colleen V. Chien
Of Trolls, Davids, Goliaths, And Kings: Narratives And Evidence In The Litigation Of High-Tech Patents, Colleen V. Chien
Faculty Publications
While each patent dispute is unique, most fit the profile of one of a limited number of patent litigation stories. A dispute between an independent inventor and a large company, for instance, is often cast in "David v. Goliath" terms. When two large companies fight over patents, in contrast, they are said to be playing the "sport of kings." Some corporations engage in "defensive patenting" in order to deter others from suing them. Patent licensing and enforcement entities who sue have been labeled "trolls." Finally, observers of the patent system call the use of patent litigation to impose or exploit …
Brand Spillovers, Eric Goldman
Brand Spillovers, Eric Goldman
Faculty Publications
This Article considers the spillover effects of trademarks - in particular, brand spillovers, which occur when consumer interest in a trademark increases the profits of third parties who do not own the trademark. Using techniques such as loss leaders and shelf space adjacency, retailers routinely create brand spillovers for their profit, and trademark law generally has not restricted these activities. Online intermediaries, such as search engines, also create and profit from brand spillovers by selling manufacturers' trademarks for advertising purposes (keyword triggering). However, in contrast to retailer practices, keyword triggering has sparked a heated and irresolute battle over its legitimacy …
Copyright Law: The Last Five Years Of Journal Coverage, Tyler T. Ochoa
Copyright Law: The Last Five Years Of Journal Coverage, Tyler T. Ochoa
Faculty Publications
Five years ago, I was asked to write an essay to celebrate the 20th anniversary of the Santa Clara Computer and High Technology Law Journal. In that essay, I surveyed the major developments in copyright law during the previous twenty years and documented how those developments had been chronicled (or foreshadowed) in the Journal. Today, as the Journal publishes the first issue of its 25th volume, I take this opportunity to look back at the Journal's coverage of copyright law during the past five years.