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Freedom Of Speech And Injunctions In Intellectual Property Cases, Mark A. Lemley, Eugene Volokh
Freedom Of Speech And Injunctions In Intellectual Property Cases, Mark A. Lemley, Eugene Volokh
Duke Law Journal
Preliminary injunctions against libel, obscenity, and other kinds of speech are generally considered unconstitutional prior restraints. Even though libel may inflict truly irreparable harm on its victim, the most a libel plaintiff can hope for is damages, or perhaps a permanent injunction after final adjudication, not preliminary relief. Professors Lemley and Volokh argue the same rule should apply to preliminary injunctions in many copyright, trademark, right of publicity, and trade secret cases. They note that intellectual property rights, unlike other property rights, are a form of content-based, government-imposed speech restriction. The mere fact that the restriction is denominated a "property …
Compulsory Royalty-Free Licensing As An Antitrust Remedy For Patent Fraud: Law, Policy, And The Patent-Antitrust Interface Revisited, Lawrence Schlam
Compulsory Royalty-Free Licensing As An Antitrust Remedy For Patent Fraud: Law, Policy, And The Patent-Antitrust Interface Revisited, Lawrence Schlam
Cornell Journal of Law and Public Policy
No abstract provided.