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2005

Journal

Intellectual Property Law

Institution
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Publication

Articles 1 - 30 of 241

Full-Text Articles in Law

The New Challenges To The International Patentability Of Biotechnology: Legal Relations Between The Wto Treaty On Trade-Related Aspects Of Intellectual Property Rights And The Convention On Biological Diversity, Jonathan Curci Dec 2005

The New Challenges To The International Patentability Of Biotechnology: Legal Relations Between The Wto Treaty On Trade-Related Aspects Of Intellectual Property Rights And The Convention On Biological Diversity, Jonathan Curci

Brigham Young University International Law & Management Review

No abstract provided.


American And French Perspectives On Trademark Keying: The Courts Leave Businesses Searching For Answers, Terrance J. Keenan Dec 2005

American And French Perspectives On Trademark Keying: The Courts Leave Businesses Searching For Answers, Terrance J. Keenan

Washington Journal of Law, Technology & Arts

Trademark owners in America and Europe are attacking the lucrative practice of selling search results and advertising linked to searches based on product names and trademarks, which is known as trademark keying. From makers of luxury products to travel companies, and insurance companies to home décor vendors, companies have sued Internet search providers to stop this practice that they believe amounts to trademark infringement. Recent cases against search engine companies in American and French courts reflect divergent views on the legality of the practice at this early stage of the debate. This Article evaluates recent rulings in both jurisdictions which …


Post No Bills: Can The Nba Prohibit Its Players From Wearing Tattoo Advertisements?, John Vukelj Dec 2005

Post No Bills: Can The Nba Prohibit Its Players From Wearing Tattoo Advertisements?, John Vukelj

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Rolling The Dice: Are Online Gambling Advertisers "Aiding And Abetting" Criminal Activity Or Exercising First Amendment-Protected Commercial Speech?, Megan E. Frese Dec 2005

Rolling The Dice: Are Online Gambling Advertisers "Aiding And Abetting" Criminal Activity Or Exercising First Amendment-Protected Commercial Speech?, Megan E. Frese

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel Iii: Trademark And Publicity Rights Of Athletes, Edward Kelman, Bruce Meyer, Dennis Niermann, Mike Principe Dec 2005

Panel Iii: Trademark And Publicity Rights Of Athletes, Edward Kelman, Bruce Meyer, Dennis Niermann, Mike Principe

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Rolling The Dice: Are Online Gambling Advertisers "Aiding And Abetting" Criminal Activity Or Exercising First Amendment-Protected Commercial Speech?, Megan E. Frese Dec 2005

Rolling The Dice: Are Online Gambling Advertisers "Aiding And Abetting" Criminal Activity Or Exercising First Amendment-Protected Commercial Speech?, Megan E. Frese

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


"The Csi Effect": Exposing The Media Myth , Kimberlianne Podlas Dec 2005

"The Csi Effect": Exposing The Media Myth , Kimberlianne Podlas

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Is The Federal Circuit Affecting U.S. Treaties? The Itc, Sec. 271(G), Gatt/Trips & The Kinik Decision, Anne E. H. Li Dec 2005

Is The Federal Circuit Affecting U.S. Treaties? The Itc, Sec. 271(G), Gatt/Trips & The Kinik Decision, Anne E. H. Li

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Television Formats: Caught In The Abyss Of The Idea/Expression Dichotomy, Jay Rubin Dec 2005

Television Formats: Caught In The Abyss Of The Idea/Expression Dichotomy, Jay Rubin

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel Ii: Maurice Clarett's Challenge, Jay Moyer, Howard Ganz, David Feher, Gary Roberts Dec 2005

Panel Ii: Maurice Clarett's Challenge, Jay Moyer, Howard Ganz, David Feher, Gary Roberts

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel I: Defamation In Sports, Gerald Eskenazi, Stephen Henniger, Gary Huckaby, Gary Belsky Dec 2005

Panel I: Defamation In Sports, Gerald Eskenazi, Stephen Henniger, Gary Huckaby, Gary Belsky

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Phillips V. Awh Corp., Inc.: A Baffling Claim Construction Methodology, Ehab M. Samuel Dec 2005

Phillips V. Awh Corp., Inc.: A Baffling Claim Construction Methodology, Ehab M. Samuel

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Why The Initially Confused Should Get A Clue: The Battle Between Trademark Infringement And Consumer Choice Online, John Handy Dec 2005

Why The Initially Confused Should Get A Clue: The Battle Between Trademark Infringement And Consumer Choice Online, John Handy

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Emphasizing The Copy In Copyright: Why Noncopying Alterations Do Not Prepare Infringing Derivative Works, Michael K. Erickson Dec 2005

Emphasizing The Copy In Copyright: Why Noncopying Alterations Do Not Prepare Infringing Derivative Works, Michael K. Erickson

BYU Law Review

No abstract provided.


Whither Copyright? Transformative Use, Free Speech, And An Intermediate Liability Proposal, John Tehranian Dec 2005

Whither Copyright? Transformative Use, Free Speech, And An Intermediate Liability Proposal, John Tehranian

BYU Law Review

No abstract provided.


Panel I: Defamation In Sports, Gerald Eskenazi, Stephen Henniger, Gary Huckaby, Gary Belsky Dec 2005

Panel I: Defamation In Sports, Gerald Eskenazi, Stephen Henniger, Gary Huckaby, Gary Belsky

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel Iii: Trademark And Publicity Rights Of Athletes, Edward Kelman, Bruce Meyer, Dennis Niermann, Mike Principe Dec 2005

Panel Iii: Trademark And Publicity Rights Of Athletes, Edward Kelman, Bruce Meyer, Dennis Niermann, Mike Principe

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel Ii: Maurice Clarett's Challenge, Jay Moyer, Howard Ganz, David Feher, Gary Roberts Dec 2005

Panel Ii: Maurice Clarett's Challenge, Jay Moyer, Howard Ganz, David Feher, Gary Roberts

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Blogging: A Journal Need Not A Journalist Make, Anne Flanagan Dec 2005

Blogging: A Journal Need Not A Journalist Make, Anne Flanagan

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Post No Bills: Can The Nba Prohibit Its Players From Wearing Tattoo Advertisements?, John Vukelj Dec 2005

Post No Bills: Can The Nba Prohibit Its Players From Wearing Tattoo Advertisements?, John Vukelj

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Bayer Ag V. Housey Pharmaceuticals: Protection For Biotechnological Research Tools Under Section 271(G) Found Wanting, Matthew Barthalow Dec 2005

Bayer Ag V. Housey Pharmaceuticals: Protection For Biotechnological Research Tools Under Section 271(G) Found Wanting, Matthew Barthalow

The University of New Hampshire Law Review

[Excerpt] "Research tools, a subset of biotechnological inventions protected by process patents, are “tools that scientists use in the laboratory, including cell lines, monoclonal antibodies, reagents, animal models, growth factors, combinatorial chemistry and DNA libraries, clones and cloning tools (such as PCR), methods, laboratory equipment and machines.” Many companies base their business models on the ability to find pharmaceutical products using their proprietary drug discovery research tools. Research tools used for drug discovery ‘include bioinformatic methods for identifying the interaction of certain proteins and their association with disease, methods for confirming protein targets, screening assays to identify molecules active against …


Inherency, Dan L. Burk, Mark A. Lemley Nov 2005

Inherency, Dan L. Burk, Mark A. Lemley

William & Mary Law Review

No abstract provided.


Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai Nov 2005

Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai

Seattle Journal for Social Justice

No abstract provided.


Policing The Border Between Trademarks And Free Speech: Protecting Unauthorized Trademark Use In Expressive Works, Pratheepan Gulasekaram Nov 2005

Policing The Border Between Trademarks And Free Speech: Protecting Unauthorized Trademark Use In Expressive Works, Pratheepan Gulasekaram

Washington Law Review

Artists and other creators of expressive works often include trademarks and trademarked products as part of their works. They do so for a number of reasons, including lighthearted humor, critical cultural commentary, parody, or even simply to shock. In instances where such use is both unauthorized by and perceived as disparaging to the mark owner or the trademarked product, owners have attempted to sue under trademark law to enjoin the expressive use. This Article argues that, under a proper analysis of trademark law, precedent, and the free expression ideal enshrined in the First Amendment, mark owners should rarely, if ever, …


Private Standards In Public Law: Copyright, Lawmaking And The Case Of Accounting, Lawrence A. Cunningham Nov 2005

Private Standards In Public Law: Copyright, Lawmaking And The Case Of Accounting, Lawrence A. Cunningham

Michigan Law Review

Government increasingly leverages its regulatory function by embodying in law standards that are promulgated and copyrighted by nongovernmental organizations. Departures from such standards expose citizens to criminal, civil, and administrative sanctions, yet private actors generate, control, and limit access to them. Despite governmental ambitions, no one is responsible for evaluating the legitimacy of this approach ex ante and no framework exists to facilitate analysis. This Article contributes an analytical framework and proposes institutional mechanisms to implement it. The lack of a comprehensive framework for evaluating copyright to standards embodied in law is surprising because the range of standards potentially affected …


Unfinished Business: Are Today’S P2p Networks Liable For Copyright Infringement?, Christine Pope Oct 2005

Unfinished Business: Are Today’S P2p Networks Liable For Copyright Infringement?, Christine Pope

Duke Law & Technology Review

In June 2005, the U.S. Supreme Court issued the decision in Metro-Goldwyn-Mayer Studios v. Grokster Ltd., a case that asked whether peer-to-peer networks may be held liable for facilitating the illegal distribution of music over the internet. The music industry petitioned the Supreme Court to settle the disagreement between the circuit courts over the standard of liability for aiding in copyright infringement. The case was based on a clash between the protection of technological innovation and the protection of artistic works. This iBrief examines the circuit split and the Grokster opinion and discusses the questions of liability left unresolved by …


Patent Claim Interpretation Methodologies And Their Claim Scope Paradigms, Christopher A. Cotropia Oct 2005

Patent Claim Interpretation Methodologies And Their Claim Scope Paradigms, Christopher A. Cotropia

William & Mary Law Review

The optimal scope of patent protection is an issue with which patent system observers have struggled for decades. Various patent doctrines have been recognized as tools for creating specific patent scopes and, as a result, implementing specific patent theories. One area of patent law that has not been addressed in the discussion on patent scope and theories is patent claim interpretation. This omission is particularly noteworthy because of the substantive role patent claims and the interpretation thereof play in the patent system, namely the framing of questions of patent infringement and validity. This Article will explore the not-yet-discussed relationship between …


A Rose Is A Rose Is...: The Thorny Case Of Morris Communications Corp. V. Professional Golf Association Tour, Inc., Shubha Ghosh Oct 2005

A Rose Is A Rose Is...: The Thorny Case Of Morris Communications Corp. V. Professional Golf Association Tour, Inc., Shubha Ghosh

Buffalo Intellectual Property Law Journal

No abstract provided.


35 U.S.C. § 287(C): Language Slightly Beyond Intent, Fariba Sirjani, Dariush Keyhani Oct 2005

35 U.S.C. § 287(C): Language Slightly Beyond Intent, Fariba Sirjani, Dariush Keyhani

Buffalo Intellectual Property Law Journal

No abstract provided.


Who Owns The Cow When We Give Away The Milk For Free? Fair Use And The Protection Of Web-Posted Materials, Annie R. Lin Oct 2005

Who Owns The Cow When We Give Away The Milk For Free? Fair Use And The Protection Of Web-Posted Materials, Annie R. Lin

Buffalo Intellectual Property Law Journal

No abstract provided.