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Articles 301 - 330 of 366
Full-Text Articles in Law
New Strategies For Owners Of Discontinued Brands, David S. Ruder
New Strategies For Owners Of Discontinued Brands, David S. Ruder
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Likelihood Of Confusion, Ann Bartow
Likelihood Of Confusion, Ann Bartow
Ann Bartow
The primary objective of this Article is to illustrate the tendency of judges to inappropriately rely on personal intuition and subjective, internalized stereotypes when ruling on trademark disputes. Where jurists perceive consumers as ludicrously easily confused, trademark holders can exploit these views to secure broad trademark "rights," often without offering a shred of evidentiary corroboration concerning such confusion. As a consequence, the proof required to support allegations that a trademark usage creates a likelihood of confusion is potentially lessened in all cases, making trademarks normatively stronger, broader, and ever easier to "protect" for mark holders. Whether consumers realistically benefit from …
How Dewey Classify Oclc's Lawsuit, Roger V. Skalbeck
How Dewey Classify Oclc's Lawsuit, Roger V. Skalbeck
Law Faculty Publications
In order to understand the nature of the rights asserted here, it is important to properly classify the Dewey Decimal lawsuit. To these ends, this article presents analysis aimed to better define its scope and legal framework. This is not an analysis of the merits of the claims, let alone a prediction as to the outcome. The issues are considered in the following three sections. In closing, I offer a lighthearted suggestion as to how this suit might be resolved outside of litigation or settlement.
The Digital Millennium Copyright Act: Preserving The Traditional Copyright Balance, Christine Jeanneret
The Digital Millennium Copyright Act: Preserving The Traditional Copyright Balance, Christine Jeanneret
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Beyond The Cheese: Discerning What Causes Dilution Under 15 U.S.C. 1125(C)–A Recomendation To Whittle Away The Liberal Application Of Trademark Dilution To Internet Domain Names, Matthew D. Caudill
Beyond The Cheese: Discerning What Causes Dilution Under 15 U.S.C. 1125(C)–A Recomendation To Whittle Away The Liberal Application Of Trademark Dilution To Internet Domain Names, Matthew D. Caudill
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Infringement Once Removed: The Perils Of Hyperlinking To Infringing Content, Stacey Dogan
Infringement Once Removed: The Perils Of Hyperlinking To Infringing Content, Stacey Dogan
Faculty Scholarship
This Article contends that the basic premise of Sony---that context and effect must play a role in evaluating allegations of secondary liability for copyright infringement-has application beyond the isolated case of equipment manufacture. More specifically, I propose a modified Sony framework for evaluating secondary liability for linking to infringing content. While this approach repudiates the strict view of secondary liability in favor of a more nuanced analysis, it stops short of advocating wholesale immunity for linkers. To the contrary, I contend that certain links, like certain acts of direct infringement, threaten copyright law's incentives with few compensating benefits to the …
Roundtable Panel Iii: Digital Audio, Michael Carlinsky, Steven Fabrizio, Katherine Forrest, Nic Garnett
Roundtable Panel Iii: Digital Audio, Michael Carlinsky, Steven Fabrizio, Katherine Forrest, Nic Garnett
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Current Developments In Cyberspace, Eric Easton
Current Developments In Cyberspace, Eric Easton
All Faculty Scholarship
No abstract provided.
Better Patent Law For International Commitment - The Amendment Of Chinese Patent Law, Jiwen Chen
Better Patent Law For International Commitment - The Amendment Of Chinese Patent Law, Jiwen Chen
Richmond Journal of Global Law & Business
On August 25, 2000, the Chinese National People’s Congress (“NPC”) passed and amendment to the Chinese Patent Law. The Chinese Patent Law was enacted in 1984 and first amended in 1992. This second Amendment, in August of 2000, was made in anticipation of China’s accession to World Trade Organization (“WTO”) and in response to the need for protection of domestinc intellectual property rights.
Chillin' Effect Of Section 506: The Battle Over Digital Sampling In Rap Music, Ronald Gaither
Chillin' Effect Of Section 506: The Battle Over Digital Sampling In Rap Music, Ronald Gaither
Vanderbilt Journal of Entertainment & Technology Law
Digital samples are to rap music as precedent is to the practice of law. Lawyers, mindful of the principle of stare decisis, mine court opinions for arguments to support legal theories. Similarly, rappers use the lyrics and musical arrangements found in previously recorded works to spin out new and creative pieces. But where-as no one worries when a lawyer quotes pieces of old case law to fashion her arguments in a novel case, rappers' heavy reliance on digital sampling routinely puts their community front and center in a debate over copyright infringement...
Considering the severity of most criminal penalties for …
Judges, Juries, And Patent Cases - An Emprical Peek Inside The Black Box, Kimberly A. Moore
Judges, Juries, And Patent Cases - An Emprical Peek Inside The Black Box, Kimberly A. Moore
Michigan Law Review
The frequency with which juries participate in patent litigation has skyrocketed recently. At the same time, there is a popular perception that the increasing complexity of technology being patented (especially in the electronic, computer software, biological and chemical fields) has made patent trials extremely difficult for lay juries to understand. These developments have sparked extensive scholarly debate and increasing skepticism regarding the role of juries in patent cases. Juries have participated in some aspects of patent litigation since the enactment of the first patent statute in 1790, which provided for "such damages as shall be assessed by a jury." The …
Piracy In Russia And China: A Different U.S. Reaction, Connie Neigel
Piracy In Russia And China: A Different U.S. Reaction, Connie Neigel
Law and Contemporary Problems
Both Russia and China refused to adopt international copyright agreements until pressured by other countries, particularly the US. The US has pursued China's copyright abuses more aggressively than it has pursued similar abuses by Russia. Neigel attempts to explain the reasons for this disparate treatment.
The Copyright Dilemma Involving Online Service Providers: Problem Solved . . . For Now, Christian C.M. Beams
The Copyright Dilemma Involving Online Service Providers: Problem Solved . . . For Now, Christian C.M. Beams
Federal Communications Law Journal
The Internet environment has presented copyright law with a development unlike any other this century. The illegal trading of copyrighted works has become easier than ever. Until recently, it was possible to hold online service providers strictly liable for the infringing actions of their users, regardless of whether the provider had knowledge of any infringing activity. While promoting the policy of copyright law, upholding such a standard had the potential to limit Internet speech and retard its growth. Seeing this, Congress began to debate on legislation that would protect innocent service providers from this liability. This Note argues that with …
Trademark Vigilance In The Twenty-First Century: A Pragmatic Approach, Peter S. Sloane, Bret I. Parker, Eric A. Prager, Kathleen Donohue
Trademark Vigilance In The Twenty-First Century: A Pragmatic Approach, Peter S. Sloane, Bret I. Parker, Eric A. Prager, Kathleen Donohue
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
When Does A Work Infringe The Derivative Works Right Of A Copyright Owner?, Amy B. Cohen
When Does A Work Infringe The Derivative Works Right Of A Copyright Owner?, Amy B. Cohen
Faculty Scholarship
Consider the following fact situation: A, an artist, designs art work and registers the copyright in that art work. A then licenses P to publish note cards using the art work. The note cards are published by P and distributed to retail card stores. T purchases several hundred cards and then takes each card, glues it carefully to a ceramic tile, and sells the tiles for a profit as "tile art" that purchasers can use to decorate walls, counters, even floors. If A now sues T for copyright infringement, how should the court rule? Has T infringed A's copyright?
In …
Is This Conflict Really Necessary?: Resolving An Ostensible Conflict Between Patent Law And Federal Trademark Law, Thomas F. Cotter
Is This Conflict Really Necessary?: Resolving An Ostensible Conflict Between Patent Law And Federal Trademark Law, Thomas F. Cotter
Marquette Intellectual Property Law Review
Professor Cotter discusses the inherent conflict between patent and trademark law in product configuration - a species of trade dress - that is disclosed within the text of a utility patent or on which the claims of a utility patent read. Commentators have disagreed as to whether or not such disclosed features should enter the public domain upon expiration of the patent, regardless of whether they would otherwise qualify for trademark protection. Professor Cotter illustrates why the conventional belief that patents are monopolies is, in general, false. He then provides a brief overview of relevant trademark law principles. Professor next …
The Post-Sale Confusion Doctrine: Why The General Public Should Be Included In The Likelihood Of Confusion Inquiry, Anne M. Mccarthy
The Post-Sale Confusion Doctrine: Why The General Public Should Be Included In The Likelihood Of Confusion Inquiry, Anne M. Mccarthy
Fordham Law Review
No abstract provided.
Limiting Patentees' Market Power Without Reducing Innovation Incentives: The Perverse Benefits Of Uncertainty And Non-Injunctive Remedies, Ian Ayres, Paul Klemperer
Limiting Patentees' Market Power Without Reducing Innovation Incentives: The Perverse Benefits Of Uncertainty And Non-Injunctive Remedies, Ian Ayres, Paul Klemperer
Michigan Law Review
Uncertainty and delay in patent litigation may have unforeseen virtues. The combination of these oft-criticized characteristics might induce a limited amount of infringement that enhances social welfare without reducing (or without substantially reducing) the profitability of the patentee. Patent infringement is generally viewed as socially inefficient because infringement reduces the patentee's ex ante incentive to innovate. Limited amounts of infringement combined with increased patent duration, however, can substantially reduce the distortionary ex post effects of supracompetitive pricing without reducing the patentee's ex ante incentives to innovate. Indeed, this Article derives a legal regime that preserves the incentive to innovate by …
The Dilemma Of Intellectual Property Piracy In China, Jennifer S. Fan
The Dilemma Of Intellectual Property Piracy In China, Jennifer S. Fan
Articles
This Article analyzes the effectiveness of China's intellectual property laws and the role they play in China's foreign trade and investment. It gives an overview of how intellectual property laws developed in China and explains why they have been inadequate, especially with respect to the protection of the interests of U.S. companies. It then illustrates why America's response to the piracy of intellectual property has been largely ineffective. The Article explains why China's strides in intellectual property law have fallen short of expectations and offers alternative methods of protecting intellectual property rights in China.
Lanham Act And Deceptive Trade Practice Claims Arising Under State Professional Licensure Laws, John L. Reed
Lanham Act And Deceptive Trade Practice Claims Arising Under State Professional Licensure Laws, John L. Reed
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Government Contract Cases In The United States Court Of Appeals For The Federal Circuit: 1996 In Review , C.Stanley Dees, David A. Churchill
Government Contract Cases In The United States Court Of Appeals For The Federal Circuit: 1996 In Review , C.Stanley Dees, David A. Churchill
American University Law Review
No abstract provided.
1996 Patent Law Decisions Of The Federal Circuit , Michael L. Leetzow, Jeffrey A. Berkowitz, Kenneth E. Horton, Robert L. Burns, Lionel M. Levenue, Maria L. Maebius
1996 Patent Law Decisions Of The Federal Circuit , Michael L. Leetzow, Jeffrey A. Berkowitz, Kenneth E. Horton, Robert L. Burns, Lionel M. Levenue, Maria L. Maebius
American University Law Review
No abstract provided.
Problems Arising Out Of The Use Of "Www.Trademark.Com": The Application Of Principles Of Trademark Law To Internet Domain Name Disputes, Michael B. Landau
Problems Arising Out Of The Use Of "Www.Trademark.Com": The Application Of Principles Of Trademark Law To Internet Domain Name Disputes, Michael B. Landau
Georgia State University Law Review
No abstract provided.
Empire Strikes Back: Piracy With Chinese Characteristics, Glenn R. Butterton
Empire Strikes Back: Piracy With Chinese Characteristics, Glenn R. Butterton
Cornell Law Review
No abstract provided.
Patent Law, John G. Costa
Arbitration Of Patent Infringement Disputes: Encouraging The Use Of Arbitration Through Evidence Rules Reform, Gregg A. Paradise
Arbitration Of Patent Infringement Disputes: Encouraging The Use Of Arbitration Through Evidence Rules Reform, Gregg A. Paradise
Fordham Law Review
No abstract provided.
Copyright, Jessica R. Friedman
Trademark, Jessica R. Friedman
Contiguous Zone, J. Ashley Roach, Robert W. Smith
Contiguous Zone, J. Ashley Roach, Robert W. Smith
International Law Studies
No abstract provided.
Japanese Patent Law And The Wipo Patent Law Harmonization Treaty: A Comparative Analysis, Mark S. Cohen
Japanese Patent Law And The Wipo Patent Law Harmonization Treaty: A Comparative Analysis, Mark S. Cohen
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.