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- Fordham Intellectual Property, Media and Entertainment Law Journal (823)
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Articles 961 - 979 of 979
Full-Text Articles in Intellectual Property Law
Dawson V. Hinshaw Music, Inc.: The Fourth Circuit Revistis Arnstein And The 'Intended Audience" Test, Philip C. Baxa, M William Krasilovsky
Dawson V. Hinshaw Music, Inc.: The Fourth Circuit Revistis Arnstein And The 'Intended Audience" Test, Philip C. Baxa, M William Krasilovsky
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Ward V. Rock Against Racism: How Time, Place And Manner Further Restrict The Public Forum, Michael B. Manley
Ward V. Rock Against Racism: How Time, Place And Manner Further Restrict The Public Forum, Michael B. Manley
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Federal Arts Funding At What Cost? The Impact Of Funding Guidelines On The First Amendment And The Future Of Art In America, Anne L. Body
Federal Arts Funding At What Cost? The Impact Of Funding Guidelines On The First Amendment And The Future Of Art In America, Anne L. Body
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
"Conditional" Functionality: The New Standard For Evaluating "Aesthetic" Functionality Established By The Second Circuit In Wallace International Silversmiths, Inc. V. Godsinger Silver Art Co., Mark I. Peroff, Nancy J. Deckinger
"Conditional" Functionality: The New Standard For Evaluating "Aesthetic" Functionality Established By The Second Circuit In Wallace International Silversmiths, Inc. V. Godsinger Silver Art Co., Mark I. Peroff, Nancy J. Deckinger
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Trademark Protection Of Advertising Slogans: A Modern Perspective, Evynne Grover
The Trademark Protection Of Advertising Slogans: A Modern Perspective, Evynne Grover
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Heads I Win, Tails You Lose: A Study Of Antitrust Jurisprudence In The Federal Circuit, Steven W. Heller
Heads I Win, Tails You Lose: A Study Of Antitrust Jurisprudence In The Federal Circuit, Steven W. Heller
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Who's Afraid Of The Big Bad Works Made For Hire Doctrine?-Not The Supreme Court, Nicholas C. Katsoris
Who's Afraid Of The Big Bad Works Made For Hire Doctrine?-Not The Supreme Court, Nicholas C. Katsoris
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Fordham University Sesquicentennial 1841-1991 And Dedication, Editorial Board
Fordham University Sesquicentennial 1841-1991 And Dedication, Editorial Board
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Free Press-Fair Trial Conflict–What's A Lawyer To Say?, C. Evan Stewart
The Free Press-Fair Trial Conflict–What's A Lawyer To Say?, C. Evan Stewart
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Stranger In Parodies: Weird Al And The Law Of Musical Satire, Charles J. Sanders, Steven R. Gordon
Stranger In Parodies: Weird Al And The Law Of Musical Satire, Charles J. Sanders, Steven R. Gordon
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Antitrust & Professional Sports' Eligibility Rules: The Past, The Present, And The Future, Cathy E. Shore
Antitrust & Professional Sports' Eligibility Rules: The Past, The Present, And The Future, Cathy E. Shore
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Federal Preemption Of The Right Of Publicity In Sing-Alike Cases, Leonard A. Wohl
Federal Preemption Of The Right Of Publicity In Sing-Alike Cases, Leonard A. Wohl
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Manifest Intent And Copyrightability: The Destiny Of Joint Authorship, Therese M. Brady
Manifest Intent And Copyrightability: The Destiny Of Joint Authorship, Therese M. Brady
Fordham Urban Law Journal
The 1976 Copyright Act defines joint ownership as requiring an "intent" by multiple authors to merge their works into a single work. Prior to 1976, two standards of determining intent existed in the case law. One was an objective standard, known as common design, and the other was a subjective standard. In part because the 1976 Act does not mention common design, subjective intent came to dominate joint authorship jurisprudence post-1976. As a result of this dominance, many authors have been deprived of their rights. Brady argues that a new standard should be set out by the courts that once …
Hindering The Progress Of Science: The Use Of The Patent System To Regulate Research On Genetically Altered Animals, Robert B. Kambic
Hindering The Progress Of Science: The Use Of The Patent System To Regulate Research On Genetically Altered Animals, Robert B. Kambic
Fordham Urban Law Journal
This Note considers whether genetically altered animals should be protected by patents and discusses the ramifications of a congressionally imposed moratorium on the issuance of animal patents. The Note discusses the purpose of the patent system and analyzes case law concerning patents on living organisms, examines the controversy surrounding the patenting of altered animals, and contains a discussion of the PTO's role in issuing an ethically controversial patent. The Note concludes that the PTO was correct in determining that genetically altered animals are patentable subject matter.
Gray Market Goods: A Lighter Shade Of Black Symposium: The Controversy Over The Importation Of Gray Market Goods: Is A Resolution Forthcoming, Hugh C. Hansen
Gray Market Goods: A Lighter Shade Of Black Symposium: The Controversy Over The Importation Of Gray Market Goods: Is A Resolution Forthcoming, Hugh C. Hansen
Faculty Scholarship
If a street vendor offers a famous brand-name product for a substantially lower price than one would expect, the average consumer's initial reaction might be that the product had been stolen or was "hot" - a product of the black market. While such discounted goods might indeed be stolen, sophisticated consumers have come to expect similar discounts in stores and mail-order houses throughout the country on goods not from the black market but rather from the "gray market." These products, naturally enough, are called "gray market goods" or simply "gray goods." Gray goods are brand-name products manufactured abroad which bear …
The Home Audio Recording Act: An Inappropriate Respose To The Home Taping Question, Teresa E. Sulyok
The Home Audio Recording Act: An Inappropriate Respose To The Home Taping Question, Teresa E. Sulyok
Fordham Urban Law Journal
This Note examines the controversy over consumers' home audio taping activities and finds the legislation under consideration by Congress an inappropriate remedy. Initially, this Note reviews the proposed legislation introduced in Congress addressing the issue of home audio taping. The Note then surveys the rationale behind the Sony decision, which determined that video recorder manufacturers were not liable as contributory infringers, and advocates that audio recorder manufacturers receive similar treatment. Next, this Note analyzes whether home audio recording may constitute fair use under the federal copyright law. This Note concludes that even if certain forms of home audio recording are …
Self-Love And The Judicial Power To Appoint A Special Prosecutor Symposium On Special Prosecutions And The Role Of The Independent Counsel, James A. Cohen
Self-Love And The Judicial Power To Appoint A Special Prosecutor Symposium On Special Prosecutions And The Role Of The Independent Counsel, James A. Cohen
Faculty Scholarship
Judicial appointment of private attorneys as special prosecutors has occurred and is permitted to occur in a variety of contexts other than when the executive branch is faced with a potential or actual conflict of interest. Until recently, the Second Circuit Court of Appeals and, of course, district courts within the Second Circuit, have interpreted Rule 42(b) of the Federal Rules of Criminal Procedure to permit judicial appointment of a private attorney to prosecute conduct allegedly violative of a court order as criminal contempt. Courts have been most active in appointing private attorneys as special prosecutors in cases involving counterfeit …
The Trademark Counterfeiting Act Of 1984: A Sensible Legislative Response To The Ills Of Commercial Counterfeiting, Brian J. Kearney
The Trademark Counterfeiting Act Of 1984: A Sensible Legislative Response To The Ills Of Commercial Counterfeiting, Brian J. Kearney
Fordham Urban Law Journal
This student note explores the recently passed Trademark Counterfeit Act of 1984, viewing it in the context of ever-growing counterfeiting of commercial, agricultural, and aeronautical trademarks. The author examines the history of US trademark regulation, beginning with the Lanham Act of 1946, and then predicts the effects the 1984 Act will have on commercial practice, antitrust law, the sale of goods on the "gray market," and due process implications. The author concludes that though ex parte remedies will be necessary to maintain trademark practices, the 1984 Act does not represent any sort of infringement on due process or commercial practice, …
U.S. Software Protection: Problems Of Trade Secret Estoppel Under International And Brazilian Technology Transfer Regimes Note, Joel R. Reidenberg
U.S. Software Protection: Problems Of Trade Secret Estoppel Under International And Brazilian Technology Transfer Regimes Note, Joel R. Reidenberg
Faculty Scholarship
This note describes the fundamental aspects of software protection and applies the requisites of U.S. trade secret protection to software. After explaining how the UNCTAD and Brazilian transfer of technology regimes apply to software licensing arrangements, this note argues that software distribution under these regimes estops U.S. trade secret protection by defeating the requisites of secrecy and competitive advantage. Specifically, the effects of the UNCTAD Draft International Code of Conduct on the Transfer of Technology (UNCTAD Code) and the Brazilian technology transfer regulations are analyzed to demonstrate the difficulties posed by legal regimes being considered and already in force in …