Intellectual Property Law Commons^™

Broadcasting The 2006 World Cup: The Right Of Arab Fans Versus Art Exclusivity, Bashar H. Malkawi

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Extraterritorial Reach Of U.S. Patent Law: Has The Federal Circuit Gone Too Far?, Robert W. Pierson, Jr.

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Data Protection, Breach Notification, And The Interplay Between State And Federal Law: The Experiments Need More Time, Flora J. Garcia

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Washington "Redskins" -Disparaging Term Or Valuable Tradition?: Legal And Economic Issues Concerning Harjo V. Pro-Football, Inc., Mark S. Nagel, Daniel A. Rascher

Fordham Intellectual Property, Media and Entertainment Law Journal

"I'll never change the name of the Redskins. You have my word on that. In addition to that, it's really what the Redskins mean that's not quite out there.., what it means is tradition. It means winning. It means a great tradition for the franchise."

-Daniel Snyder (owner of the Washington Redskins).

"A long habit of not thinking a thing wrong gives it a superficial appearance of being right, and raises at first a formidable outcry in defense of custom."

-Thomas Paine.

Introduction, Joel R. Reidenberg

Faculty Scholarship

As a leader in the publication of legal scholarship, the Fordham Intellectual Property, Media and Entertainment Law Journal sought the insights of internationally renowned scholars on critical problems in intellectual property law. In this focused issue, five top scholars tackle timely questions.

The Rule Of Intellectual Property Law In The Internet Economy, Joel R. Reidenberg

Faculty Scholarship

This article argues that the technological attacks on intellectual property are a movement against democratically chosen intellectual property rules. They form a basic challenge to the rule of law and to the control of the rules wired into the network. In making this argument, the Article first maintains that intellectual property rights have an important public function in democracy in that they mark political, economic, and social boundaries. Next, the Article shows that the public law, as enacted by governments, has reallocated intellectual property rights to adapt to the information economy. While many aspects of this new allocation of rights …

Contractual Expansion Of The Scope Of Patent Infringement Through Field-Of-Use Licensing, Mark R. Patterson

Faculty Scholarship

Patentees sometimes license their inventions through field-of-use licenses, which permit licensees to use the inventions, but only in specified ways. Field-of-use licensing is often procompetitive, because the ability to provide different licensing terms for different users can encourage broader licensing of inventions. But in recent United States cases, the Federal Circuit Court of Appeals and lower courts have upheld field-of-use licenses prohibiting activities that licensees would otherwise have been permitted by patent law, such as the repair and resale of patented products. The recent cases rely on the Federal Circuit's decision in Mallinckrodt, Inc. v. Medipart, Inc., where the court …

The Economics Of Cultural Misrepresentation: How Should The Indian Arts And Crafts Act Of 1990 Be Marketed?, Jennie D. Woltz

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Recent Trends Underscoring International Trade Commission Review Of Initial Determinations And Federal Circuit Appeals From Final Commission Determinations Under Section 337 Of The Tariff Act Of 1930, Robert A. Caplen

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Hoods Who Move The Goods: An Examination Of The Booming International Trade In Counterfeit Luxury Goods And An Assessment Of The American Efforts To Curtail Its Proliferation, Sam Cocks

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Reversing The Reversal Rate: Using Real Property Principles To Guide Federal Circuit Patent Jurisprudence, Paul M. Schoenhard

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The First Amendment Versus Operational Security: Where Should The Milblogging Balance Lie?, Katherine C. Den Bleyker

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Product-By-Process Patent Claim Construction: Resolving The Federal Circuit’S Conflicting Precedent, Gregory S. Maskel

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Imperfect 10: Digital Advances And Market Impact In Fair Use Analysis, Britton Payne

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Legal Frameworks And Technological Protection Of Digital Content: Moving Forward Towards A Best Practice Model, Urs Gasser

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Poker Flops Under New York Law, Bennett M. Liebman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Outsourcing The Fire Of Genius: The Effects Of Patent Infringement Jurisprudence On Pharmaceutical Drug Development, Katherine A. Helm

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

A Million Little Maybes: The James Frey Scandal And Statements On A Book Cover Or Jacket As Commercial Speech, Samantha J. Katze

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Fairly Used: Why Google’S Book Project Should Prevail Under The Fair Use Defense, Melanie Costantino

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Hunting The Hunters: Ab 381 And California's Attempt To Restrain The Papparazzi, Samantha J. Katze

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Panel Ii: Trademark Dilution Revision Act Implications, William G. Barber, Barton Beebe, Christine Haight Farley, Michael Heltzer

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Post-Sale Restrainst Via Patent Licensing: A "Seedcentric" Perspective, Peter Carstensen

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Antitrust Aspects Of The "Access To Affordable Pharmaceuticals" Act: Incentives For Generics Out The Window?, Andrew H. Berks

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Panel Iii: United States V. Martignon - Case In Controversy, William Patry, David Patton, Robert W. Clarida, Marjorie Heins

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Why We Are Confused About The Trademark Dilution Law, Christine Haight Farley

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Trademark Dilution Revision Act - A Consumer Perspective, Paul Alan Levy

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Correct-Like Decision In United States V. Martifnon, David Patton

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Panel I: Monsanto V. Scruggs: The Scope Of Downstream Licensing Restrictions, Mark R. Patterson, Richard B. Ulmer Jr., Peter Castensen, Jay P. Kesan

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Licensing Restrictions And Appropriating Market Benefits From Plant Innovation, Jay P. Kesan

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

A Defense Of The New Federal Trademark Antidilution Law, Barton Beebe

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.