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Articles 1 - 30 of 52
Full-Text Articles in Law
Real-Life Protection For Fictional Trademarks, Benjamin M. Arrow
Real-Life Protection For Fictional Trademarks, Benjamin M. Arrow
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Pragmatic Incrementalism Of Common Law Intellectual Property, Shyamkrishna Balganesh
The Pragmatic Incrementalism Of Common Law Intellectual Property, Shyamkrishna Balganesh
Vanderbilt Law Review
Intellectual property is today thought to be principally of statutory origin. Discussions of the subject invariably revolve around a close scrutiny of the federal statutes involved. Indeed, the frequency with which Congress amends the patent and copyright statutes seems to leave little doubt that it alone determines intellectual property's precise content and coverage.' Nevertheless, there exists a rather robust body of state law that is almost entirely the creation of state courts and is directed at creating entitlements in information, ideas, expression, goodwill, one's image, and other related intangibles. These rights regimes are in turn collectively referred to as "common …
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.
Fish Or Fowl? The Nature Of Wto Dispute Resolution Under Trips, Anne Hiaring
Fish Or Fowl? The Nature Of Wto Dispute Resolution Under Trips, Anne Hiaring
Annual Survey of International & Comparative Law
This note discusses the procedure of dispute resolution in the World Trade Organization (WTO). The note goes on to discuss WTO disputes involving intellectual property to date and the possible impacts of the WTO dispute resolution procedures on the determination of substantive issues of intellectual property law, using dispute WS 160 involving the Fairness in Music Licensing Act, as an example. The note concludes that the same concerns about lack of due process and inability of amici to appear in the proceedings that cause concern in the environmental field are also causes of concern with respect to intellectual property rights …
Foreword: Advertising And The Law, Mark Bartholomew
Foreword: Advertising And The Law, Mark Bartholomew
Buffalo Law Review
This foreword to a special issue of the Buffalo Law Review provides an overview of seven articles addressing the intersection of advertising and law. The special issue stems from a November 2009 conference held at the University at Buffalo Law School. The foreword examines the particular difficulties in characterizing the relationship between advertisers, consumers, and the law. Advertisers promulgate certain symbolic meanings designed to induce consumption. Sometimes these meanings are contested through legal means yet consumers can only participate in advertising's regulatory apparatus indirectly. This results in a dynamic between advertiser and consumer that is difficult to define yet ubiquitous …
Advertising And Social Identity, Mark Bartholomew
Advertising And Social Identity, Mark Bartholomew
Buffalo Law Review
This essay takes a stand in the brewing legal academic debate over the consequences of advertising. On one side are the semiotic democratists, scholars who bemoan the ability of advertisers to take control of the meanings that they create through trademark law and other pro-business legal rules. On the other side are those who are more sanguine about the ability of consumers to rework advertising messages and point to several safety valves for free expression existing in the current advertising regulation regime. My take on this debate is that the participants have failed to address the impact of advertising on …
Staking A Claim On The Building Blocks Of Life: Human Genetic Material Within The United States Patent System, Alex Osterlind
Staking A Claim On The Building Blocks Of Life: Human Genetic Material Within The United States Patent System, Alex Osterlind
Missouri Law Review
This Article examines the place, if any, of genes within the United States patent system by first providing a broad background of the United States patent system, including the foundational cases that have shaped the system. Further, this Article briefly describes human genes to explain how genetic material is viewed within the United States patent system. Subsequently, "gene patents" within the United States are explained. Building upon this milieu, the merits of arguments in opposition to gene patents are examined by focusing on the arguments presented in an ongoing suit filed by the American Civil Liberties Union (on behalf of …
Korea's Patent Policy And Its Impact On Economic Development: A Model For Emerging Countries?, Jay A. Erstling, Ryan E. Strom
Korea's Patent Policy And Its Impact On Economic Development: A Model For Emerging Countries?, Jay A. Erstling, Ryan E. Strom
San Diego International Law Journal
The purpose of this paper will be to examine Korean patent policy as exemplified by its patent legislation and the activities of KIPO. Part II will take a brief look at the rationale underpinning Korea’s confidence in the power of the patent system to stimulate economic growth. Part III of the paper will look at the Korean Patent Act as an example of strong, comprehensive patent legislation that fully complies with international standards and responds well to the perceived needs of patent applicants. Part III will examine one of the highlights of Korean patent legislation, the Korean Invention Promotion Act, …
Is Fashion An Art Form That Should Be Protected Or Merely A Constantly Changing Media Encouraging Replication Of Popular Trends, Alissandra Burack
Is Fashion An Art Form That Should Be Protected Or Merely A Constantly Changing Media Encouraging Replication Of Popular Trends, Alissandra Burack
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Who Defines The Law? Uspto Rulemaking Authority, Jonathan Masur, James B. Speta, Nicholas M. Zovko, Donald L. Zuhn, Jr
Who Defines The Law? Uspto Rulemaking Authority, Jonathan Masur, James B. Speta, Nicholas M. Zovko, Donald L. Zuhn, Jr
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Ordinary Creativity In Patent Law: The Artist Within The Scientist, Amy L. Landers
Ordinary Creativity In Patent Law: The Artist Within The Scientist, Amy L. Landers
Missouri Law Review
Patent law is intended to promote the creativity of scientists and engineers. The system recognizes that the work of the individual is the engine that ultimately increases the state ofscientific knowledge. As economist Paul Romer recognized, "Technological advance comes from things that people do." Furthering creativity represents the constitutional, theoretical and doctrinal heart of patent law. Yet the field has not meaningfully evaluated the fundamental question of what creativity is. Using theories from psychology, sociology, history and the philosophy of science, this work examines and proposes how patent law can formulate a legal conception of creativity. To undertake this inquiry, …
On Balance: General Casualty Co. V. Wozniak Travel, Inc., Kenneth L. Port
On Balance: General Casualty Co. V. Wozniak Travel, Inc., Kenneth L. Port
Journal of Law and Practice
No abstract provided.
O2 Micro Int'l Ltd. V. Beyond Innovation Tech. Co.: Confirmation That Claim Construction Is The Duty Of The Court, Jessica L.A. Marks
O2 Micro Int'l Ltd. V. Beyond Innovation Tech. Co.: Confirmation That Claim Construction Is The Duty Of The Court, Jessica L.A. Marks
Journal of Business & Technology Law
No abstract provided.
What The Federal Circuit Can Learn From The Supreme Court-And Vice Versa, Rochelle Cooper Dreyfuss
What The Federal Circuit Can Learn From The Supreme Court-And Vice Versa, Rochelle Cooper Dreyfuss
American University Law Review
No abstract provided.
Prospective Compensation In Lieu Of A Final Injunction In Patent And Copyright Cases, H. Tomas Gomez-Arostegui
Prospective Compensation In Lieu Of A Final Injunction In Patent And Copyright Cases, H. Tomas Gomez-Arostegui
Fordham Law Review
In a 2006 decision, eBay Inc. v. MercExchange, L.L.C., the U.S. Supreme Court held that traditional equitable factors apply to injunctions in patent and copyright cases, and therefore the mere fact that a defendant has infringed a patent or a copyright does not necessarily mean a final injunction must issue. In the three years since, lower courts have denied final injunctions more frequently than before and are now struggling with what relief, if any, to give prevailing plaintiffs in lieu of an injunction. Some courts permit plaintiffs to sue again later. But most award prospective relief to plaintiffs¾sometimes a lump-sum …
Network Transparency: Seeing The Neutral Network, Adam Candeub
Network Transparency: Seeing The Neutral Network, Adam Candeub
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Machines And Transformations: The Past, Present, And Future Patentability Of Software, Andrei Iancu, Peter Gratzinger
Machines And Transformations: The Past, Present, And Future Patentability Of Software, Andrei Iancu, Peter Gratzinger
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Microsoft Case 10 Years Later: Antitrust And New Leading "New Economy" Firms, Chris Butts
The Microsoft Case 10 Years Later: Antitrust And New Leading "New Economy" Firms, Chris Butts
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Patenting Of Social Interactions:, Jonathan Masur, Matthew Sag, Joshua Sarnoff, Daniel Williams
The Patenting Of Social Interactions:, Jonathan Masur, Matthew Sag, Joshua Sarnoff, Daniel Williams
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Strategies For The Uspto: Ensuring America’S Innovation Future, Sharon Barner
Strategies For The Uspto: Ensuring America’S Innovation Future, Sharon Barner
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
O’Keefe And The Wheel That Begs For Reinvention: An Exceptionalist Approach To Electronic Discovery In Criminal Actions, Jared S. Beckerman
O’Keefe And The Wheel That Begs For Reinvention: An Exceptionalist Approach To Electronic Discovery In Criminal Actions, Jared S. Beckerman
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Three Years Post-Ksr: A Practitioner’S Guide To “Winning” Arguments On Obviousness And A Look At What May Lay Ahead, Katherine M. L. Hayes
Three Years Post-Ksr: A Practitioner’S Guide To “Winning” Arguments On Obviousness And A Look At What May Lay Ahead, Katherine M. L. Hayes
Northwestern Journal of Technology and Intellectual Property
No abstract provided.