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Articles 31 - 60 of 453
Full-Text Articles in Law
Creative License: A Conversation About Music, Sampling And Fair Use, Kembrew Mcleod
Creative License: A Conversation About Music, Sampling And Fair Use, Kembrew Mcleod
Kembrew McLeod
No abstract provided.
Patently Protectionist? An Empirical Analysis Of Patent Cases At The International Trade Commission, Colleen V. Chien
Patently Protectionist? An Empirical Analysis Of Patent Cases At The International Trade Commission, Colleen V. Chien
William & Mary Law Review
The International Trade Commission (ITC) provides a special forum for adjudicating patent disputes involving imports. It offers several advantages over United States district courts to patentees, including relaxed jurisdictional requirements, speed, and unique remedies. Unlike district courts, the ITC almost automatically grants injunctive relief to prevailing patentees, and does not recognize certain defenses to infringement. These features have been justified as needed to prosecute foreign infringers who would otherwise evade U.S. district courts. They have also led to charges that the ITC is protectionist and unfair to defendants and that it fosters inconsistency in U.S. patent law. Based on an …
Disparity In Copyright Protection: Focus On The Finished Image Ignores The Art In The Details , Karen D. Williams
Disparity In Copyright Protection: Focus On The Finished Image Ignores The Art In The Details , Karen D. Williams
American University Law Review
Courts initial reactions play a major role in the assessment of copyright protection. A quick recognition of pictorial quality can result in an easy finding of originality. Based upon the extremely low threshold, such a quick summation is not surprising or necessarily refutable. However, the blanket assumption of a pictorial quality in photography creates a disparity in copyright protection for works of graphic design, like maps, which may not emit that immediate pictorial or aesthetic quality but may still employ creative choice. Those works that “scream” their pictorial nature get cursory review while the more subtle are being categorized as …
Permanent Injunctions In Patent Cases, Dariush Keyhani
Permanent Injunctions In Patent Cases, Dariush Keyhani
Buffalo Intellectual Property Law Journal
No abstract provided.
Commoditizing Intellectual Property Rights: The Practicability Of A Commercialized And Transparent International Ipr Market And The Need For International Standards, Ian David Mcclure
Commoditizing Intellectual Property Rights: The Practicability Of A Commercialized And Transparent International Ipr Market And The Need For International Standards, Ian David Mcclure
Buffalo Intellectual Property Law Journal
No abstract provided.
Protection Of Trademarks And Geographical Indications, Inessa Shalevich
Protection Of Trademarks And Geographical Indications, Inessa Shalevich
Buffalo Intellectual Property Law Journal
No abstract provided.
Patent Infringers, Come Out With Your Hands Up!: Should The United States Criminalize Patent Infringement?, Noel Mendez
Patent Infringers, Come Out With Your Hands Up!: Should The United States Criminalize Patent Infringement?, Noel Mendez
Buffalo Intellectual Property Law Journal
No abstract provided.
Intellectual Property Perspectives: Fall 2008, Ip Law Program
Intellectual Property Perspectives: Fall 2008, Ip Law Program
Intellectual Property Perspectives
No abstract provided.
Copyright And Permissions: Sometimes They're The Same, Kopana Terry
Copyright And Permissions: Sometimes They're The Same, Kopana Terry
Library Presentations
No abstract provided.
The Iphone And The Dmca: Locking The Hands Of Consumers, John Haubenreich
The Iphone And The Dmca: Locking The Hands Of Consumers, John Haubenreich
Vanderbilt Law Review
On August 24, 2007, less than two months after its initial release for sale, the Apple iPhone was unlocked, untethering the phones from the AT&T cellular network. Because AT&T has exclusive rights to provide coverage for the iPhone until the year 2010, hackers and computer enthusiasts worked feverishly to be the first to use the iPhone on a network other than AT&T. Although the practice of cell phone unlocking has been occurring for years, the tremendous public interest surrounding the launch of the iPhone focused attention on the issue like never before.
Wireless carriers can use software locks, hardware locks, …
What Is Truth?: True Suspects And False Defamation, Peter B. Kutner
What Is Truth?: True Suspects And False Defamation, Peter B. Kutner
Fordham Intellectual Property, Media and Entertainment Law Journal
A television station reports that an individual is a suspect in a murder case. A newspaper reports that a business or charity is under investigation to determine whether it has provided funding to terrorists or terrorist organizations. It is true that the individual is a suspect in the police investigation of the murder, and that the government is investigating the business or charity for possible financial links to terrorists. However, the suspicion is wrong, or at least unprovable. As far as can be determined from the available evidence, the individual did not commit a murder, and the business or charity …
Bridgeport Redux: Digital Sampling And Audience Recoding, David M. Morrison
Bridgeport Redux: Digital Sampling And Audience Recoding, David M. Morrison
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Made In China: How Chinese Counterfeits Are Creating A National Security Nightmare For The United States, Laura C. Nastase
Made In China: How Chinese Counterfeits Are Creating A National Security Nightmare For The United States, Laura C. Nastase
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Continuing Evolution Of Consent And Authority In Digital Search And Seizure, Aaron Stanley
The Continuing Evolution Of Consent And Authority In Digital Search And Seizure, Aaron Stanley
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Jurisdictional Issues In The Adjudication Of Patent Law Malpractice Cases In Light Of Recent Federal Circuit Decisions, Michael Ena
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
We Interrupt This Broadcast: Will The Copyright Royalty Board’S March 2007 Rate Determination Proceedings Pull The Plug On Internet Radio?, Erich Carey
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
International And Comparative Aspects Of Trademark Dilution, Mark D. Janis, Peter K. Yu
International And Comparative Aspects Of Trademark Dilution, Mark D. Janis, Peter K. Yu
Faculty Scholarship
Extract:
In the United States, trademark antidilution protection is back—maybe. Proposed by Frank Schechter in the 1920s, adopted in various incarnations in some states over the next few decades, and ultimately introduced in a slightly different form in federal trademark law in 1995, the dilution provisions drew a cool reception in the courts. By the late 1990s, an increasingly restive judiciary was constraining the federal dilution provisions in various ways, most notably by requiring mark owners to prove actual dilution in order to establish liability, a requirement endorsed by the United States Supreme Court in Moseley v. V Secret Catalogue, …
On The Continuing Misuse Of Event Studies: The Example Of Bessen And Meurer, Glynn S. Lunney Jr
On The Continuing Misuse Of Event Studies: The Example Of Bessen And Meurer, Glynn S. Lunney Jr
Faculty Scholarship
In their book, Patent Failure: How Judges, Bureaucrats, and Lauyers Put Innovators at Risk, James Bessen and Michael Meurer present an empirical assessment of the costs and benefits of patent protection. Their conclusion is startling. For most industries, the availability of patents discourages innovation.
According to Bessen and Meurer, patents benefit innovators by providing exclusivity and thereby enabling an innovator to capture more rents or profits from their innovation than they could with lead-time or other market mechanisms alone. While innovators can obtain rents from their own Patents, they also face the threat of infringement litigation from Patents held by …
Determining Orphan Works Vs. Public Domain Status For Print Works Published In The U.S. From 1923 Through 1977, Inclusive, David Lowe
Published Works
Document is a proposed draft of a decision tree to be used in mass digitization workflows to facilitate determining whether or not a published item (U.S. imprints only, 1923-1977) may be digitized and then given open access.
The Walker Process Doctrine: Infringement Lawsuits As Antitrust Violations, Herbert J. Hovenkamp
The Walker Process Doctrine: Infringement Lawsuits As Antitrust Violations, Herbert J. Hovenkamp
All Faculty Scholarship
Antitrust law's Walker Process doctrine permits a patent infringement defendant to show that an improperly maintained infringement action constitutes unlawful monopolization or an unlawful attempt to monopolize. The infringement defendant must show both that the lawsuit is improper, which establishes the conduct portion of the violation and generally satisfies tort law requirements, and also that the structural prerequisites for the monopolization offense are present. The doctrine also applies to non-patent infringement actions and has been applied by the Supreme Court to copyright infringement actions. Walker Process itself somewhat loosely derives from the Supreme Court's Noerr-Pennington line of cases holding that …
Liability For Search Engine Triggering Of Trademarked Keywords After Rescuecom, Riana Pfefferkorn
Liability For Search Engine Triggering Of Trademarked Keywords After Rescuecom, Riana Pfefferkorn
Washington Journal of Law, Technology & Arts
“Trademark keying” is the practice of buying and selling trademarked terms as keywords in search engine advertising campaigns. In September 2006, a federal district court in Rescuecom Corp. v. Google, Inc. held that the practice does not constitute trademark use, a threshold criterion in a trademark infringement claim. Since Rescuecom, the focus of trademark keying litigation has shifted, giving some guidance to potential litigants. In addition, the U.S. Court of Appeals for the Second Circuit has diverged from other circuits. While federal courts within the Second Circuit have fashioned the emerging rule that an advertiser’s internal use of trademarked …
Vol. Vi, Tab 38 - Ex. 21 - Email From Christina Aguilar, Christina Aguilar
Vol. Vi, Tab 38 - Ex. 21 - Email From Christina Aguilar, Christina Aguilar
Rosetta Stone v. Google (Joint Appendix)
Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?
Is Europe Unfairly Attacking Another U.S. High Technology Company?, Robert H. Lande
Is Europe Unfairly Attacking Another U.S. High Technology Company?, Robert H. Lande
All Faculty Scholarship
This short piece considers whether the EU antitrust action against Intel constitutes an example of European regulators attacking a successful US company in order to protect a European competitor, or whether it instead is an example of legitimate law enforcement.
Reexamining The Functions Of Trademark Law, Mohammad Amin Naser
Reexamining The Functions Of Trademark Law, Mohammad Amin Naser
Chicago-Kent Journal of Intellectual Property
No abstract provided.
A Mixtape Dj's Drama: An Argument For Preemption Of Georgia's Unauthorized Reproduction Law, Jennifer Geller
A Mixtape Dj's Drama: An Argument For Preemption Of Georgia's Unauthorized Reproduction Law, Jennifer Geller
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Patentable Subject Matter Requirements: An Evaluation Of Proposed Exclusions To India's Patent Law In Light Of India's Obligations Under The Trips Agreement And Options For India, Rajnish Kumar Rai
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Perfect 10 V. Visa, Mastercard, Et Al.: A Full Frontal Assault On Copyright Enforcement In Digital Media Or A Slippery Slope Diverted?, Bryan V. Swatt, Pamela C. Laucella Ph.D., Ryan M. Rodenberg J.D.
Perfect 10 V. Visa, Mastercard, Et Al.: A Full Frontal Assault On Copyright Enforcement In Digital Media Or A Slippery Slope Diverted?, Bryan V. Swatt, Pamela C. Laucella Ph.D., Ryan M. Rodenberg J.D.
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Weak Overseas Protection For American Software Patents: The Need For A Congressional Response To Microsoft Corp. V. At & T Corp., Erika Danielle Norman
Weak Overseas Protection For American Software Patents: The Need For A Congressional Response To Microsoft Corp. V. At & T Corp., Erika Danielle Norman
Chicago-Kent Journal of Intellectual Property
No abstract provided.
A Snapshot Of An Industry: The Biotechnology Sector And The Judicial Misgivings Of A General Court, Mike Rothwell
A Snapshot Of An Industry: The Biotechnology Sector And The Judicial Misgivings Of A General Court, Mike Rothwell
Chicago-Kent Journal of Intellectual Property
No abstract provided.
The Day The (Digital) Music Died: Bridgeport, Sampling Infringement, And A Proposed Middle Ground, Joshua Crum
The Day The (Digital) Music Died: Bridgeport, Sampling Infringement, And A Proposed Middle Ground, Joshua Crum
BYU Law Review
No abstract provided.