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Full-Text Articles in Law
The Ninth Circuit Lands A "Perfect 10" Applying Copyright Law To The Internet, Robert A. Mcfarlane
The Ninth Circuit Lands A "Perfect 10" Applying Copyright Law To The Internet, Robert A. Mcfarlane
Golden Gate University Law Review
The Ninth Circuit Court of Appeals issued three landmark decisions in 2007 that addressed how copyright protections apply to images that can be accessed over the Internet. Internet publisher Perfect 10 initiated these lawsuits based on allegations that its registered copyrights were infringed when unauthorized copies of its photographs appeared on third-party websites where they could be viewed, downloaded, and purchased without payment to Perfect 10. This Article briefly summarizes the facts of these three cases, explains the central holdings of each decision, and then concludes with a discussion of the collective impact that the three decisions have on enforcement …
Intellectual Property Law - Newcombe V. Adolf Coors Co., Nairi Chakalian
Intellectual Property Law - Newcombe V. Adolf Coors Co., Nairi Chakalian
Golden Gate University Law Review
In Newcombe v. Adolf Coors Co., the United States Court of Appeals for the Ninth Circuit held that a Major League baseball pitcher, retired for over thirty years, had valid publicity infringement claims against defendants who created an advertisement using a drawing of his stance. According to the court, a material factual issue existed as to whether the drawing of the stance in the advertisement conjured up images of the pitcher, even though the pitcher's face could not be identified from the drawing, and his name did not appear anywhere in the advertisement. Thus, the court found a subtle image …
Intellectual Property Law - Kendall-Jackson Winery V. E. & J. Gallo Winery, Rema M. Titcomb
Intellectual Property Law - Kendall-Jackson Winery V. E. & J. Gallo Winery, Rema M. Titcomb
Golden Gate University Law Review
In Kendall-Jackson v. Gallo,l the United States Court of Appeals for the Ninth Circuit held that grape leaf designs on wine bottles are not protected as trademarks under the Lanham Trademark Act because of widespread use in the industry. Accordingly, the Ninth Circuit upheld the district court's decision to grant Gallo's summary judgment motion in favor of Gallo.
Intellectual Property Law - Dreamwerks Production Group, Inc. V. Skg Studio, Thomas J. Murphy
Intellectual Property Law - Dreamwerks Production Group, Inc. V. Skg Studio, Thomas J. Murphy
Golden Gate University Law Review
In Dreamwerks Production Group, Inc. v. SKG Studio the United States Court of Appeals for the Ninth Circuit evaluated whether the trademarks "Dreamwerks" and "Dream Works" were likely to confuse the reasonable consumer. Traditionally, a well-known, senior trademark user will sue a lesser-known, junior trademark user in order to protect its goodwill and prevent customer confusion. In Dreamwerks, however, the parties' positions were reversed, with the lesser-known, senior user, Dreamwerks Production Group, suing the better-known, yet junior user, SKG Studio. The Ninth Circuit held that, like every other new company, SKG Studio was required to select a name that would …
Intellectual Property Law - Blockbuster Videos Inc. V. City Of Tempe, Mary L. Shapiro
Intellectual Property Law - Blockbuster Videos Inc. V. City Of Tempe, Mary L. Shapiro
Golden Gate University Law Review
In a matter of first impression, the United Sates Court of Appeals for the Ninth Circuit, in Blockbuster Videos, Inc. v. City of Tempe, considered whether section 1121(b) of the Lanham Act preempts a municipality's authority to require the alteration of a federally registered trademark. Based on the plain language of the statute, the court held that a local entity may not require the alteration of a trademark to enforce a zoning ordinance, though it may prohibit the display of the trademark.
Copyright Protection In Factual Compilations: Feist Publications V. Rural Telephone Service Company "Altruism Expressed In Copyright Law", Sherrie Callis
Copyright Protection In Factual Compilations: Feist Publications V. Rural Telephone Service Company "Altruism Expressed In Copyright Law", Sherrie Callis
Golden Gate University Law Review
In the wake of Feist, copyright practitioners are scrambling to determine what it all means, and how best to protect their client's intellectual property rights and interests. While different views are presented, an expression of dismay is common. This note will address the question: are the copyright practitioners justified in their concern? Part I will outline the Constitutional underpinnings of copyright protection. More specifically, this Part will discuss the two theories underlying the case law in the circuit courts of appeal, including a discussion of their legal philosophies. Part II will examine the Court's decision in Feist. Part III will …
From Facts To Form: Extension And Application Of The Feist "Practical Inevitability" Test And Creativity Standard, Joseph P. Hart
From Facts To Form: Extension And Application Of The Feist "Practical Inevitability" Test And Creativity Standard, Joseph P. Hart
Golden Gate University Law Review
This Note will analyze the results of extending the "practical inevitability" test and creativity standard in the holding of Feist Publications, Inc. v. Rural Telephone Service Co. from works involving the compilation of facts to other works including computer programs, sculpture, signs, fabric patterns and chinaware patterns. It will also discuss the Copyright Office's review of copyright applications for functional objects. The Note will continue with an analysis of the ramifications of the policy of judicial deference to the Register of Copyright's decision on creativity when reviewing a copyright denial. It will conclude with a discussion of the judicial policy …
Security Interests In Intellectual Property: Recent Developments, Douglas C. Maclellan
Security Interests In Intellectual Property: Recent Developments, Douglas C. Maclellan
Golden Gate University Law Review
This Note will examine the parameters of conflict in light of some recent cases addressing security interests in copyright, patent, and trademark. Part I will review the purpose and substance of the filing provisions of Article Nine. Part II will examine the scope of Article Nine's authority, particularly where it conflicts with the federal recordation provisions. Part III will analyze several recent cases to determine the present extent of Article Nine's authority. Part IV will discuss the need to reform the federal statutes to clarify the rights of parties in secured transactions in intellectual property.
In Re Dillon: Prima Facie Obviousness Of Chemical Claims, Gregory L. Bradley
In Re Dillon: Prima Facie Obviousness Of Chemical Claims, Gregory L. Bradley
Golden Gate University Law Review
After reviewing the facts of the Dillon case, this paper will illustrate, by analysis of prior caselaw, that Dillon has not revived the Hass-Henze doctrine of structural obviousness. Rather, Dillon will be revealed as having molded many years of sometimes inconsistent precedent into a coherent standard for prima facie obviousness. Subsequently, the legitimacy of the Dillon standard with respect to chemical compound, composition and process claims will be considered. Finally, the effect of Dillon on patent prosecution costs, and other policy considerations, will be discussed.