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Articles 481 - 510 of 660
Full-Text Articles in Intellectual Property Law
Copy Game For High Score: The First Video Game Lawsuit, William K. Ford
Copy Game For High Score: The First Video Game Lawsuit, William K. Ford
Journal of Intellectual Property Law
No abstract provided.
Abercrombie 2.0 - Can We Get There From Here? The Thoughts On 'Suggestive Fair Use', Joseph S. Miller
Abercrombie 2.0 - Can We Get There From Here? The Thoughts On 'Suggestive Fair Use', Joseph S. Miller
Scholarly Works
Professor Linford, unlike Caesar’s Antony, seeks not only to bury Abercrombie, but to praise it, at least in part. Using linguistic evidence, both historical and experimental, he would relocate a bobbled boundary—from the descriptive–suggestive transition to the suggestive–arbitrary transition—and thereby establish a reformed template for sorting word marks according to their source-signifying strength. The basic difference between acquired and inherent distinctiveness not only remains in Linford’s account, however; it draws new strength from insights about semantic change. Behold, Abercrombie 2.0! His recent article, which is both provocative and engaging, continues the reconstructive work Linford began in his critique of …
Discouraging Frivolous Copyright Infringement Claims: Fee Shifting Under Rule 11 Or 28 U.S.C. § 1927 As An Alternative To Awarding Attorney's Fees Under Section 505 Of The Copyright Act, David E. Shipley
Scholarly Works
The United States Supreme Court’s 2016 decision in Kirtsaeng v. John Wiley & Sons resolved a disagreement over when it is appropriate to award attorney’s fees to a prevailing defendant under section 505 of the Copyright Act, and ended a perceived venue advantage for losing plaintiffs in some jurisdictions. The Court ruled unanimously that courts are correct to give substantial weight to the question of whether the losing side had a reasonable case to fight, but that the objective reasonableness of that side’s position does not give rise to a presumption against fee shifting. It made clear that other factors …
Branding Taxation, Xuan-Thao Nguyen, Jeffrey A. Maine
Branding Taxation, Xuan-Thao Nguyen, Jeffrey A. Maine
Georgia Law Review
Branding is important not only to businesses, but also to the economy. The intellectual property laws and tax laws should thus further the legitimate goals of encouraging and protecting brand investments while maintaining a sound tax base. Intellectual property protections for branding depend on advertisement and enforcement, both of which demand significant amounts of private investment by firms. Although one would expect similar tax treatments of both categories of investment, the categories are actually treated as vastly different for federal income tax purposes. Under the current tax system, advertising costs incurred to foster brand equality are generally expensed whereas litigation …
Saving The Next Superman: An Alternative Approach To The Taxation Of Copyright Termination Rights, Benjamin Newell
Saving The Next Superman: An Alternative Approach To The Taxation Of Copyright Termination Rights, Benjamin Newell
Journal of Intellectual Property Law
No abstract provided.
The Integrated Approach: A Solution To Patent Subject Matter Eligibility Standards In The Software Context, Carrie Moss
The Integrated Approach: A Solution To Patent Subject Matter Eligibility Standards In The Software Context, Carrie Moss
Journal of Intellectual Property Law
No abstract provided.
Fonts, Typefaces, And Ip Protection: Getting To Just Right, Emily N. Evans
Fonts, Typefaces, And Ip Protection: Getting To Just Right, Emily N. Evans
Journal of Intellectual Property Law
No abstract provided.
Gray Works: How The Failure Of Copyright Law To Keep Pace With Technological Advancement In The Digital Age Has Created A Class Of Works Whose Protection Is Uncertain… And What Can Be Done About It, Kenneth R.L. Parker
Journal of Intellectual Property Law
No abstract provided.
Novartis Ag V. Union Of India: "Evergreening," Trips, And "Enhanced Efficacy" Under Section 3(D), Dorothy Du
Novartis Ag V. Union Of India: "Evergreening," Trips, And "Enhanced Efficacy" Under Section 3(D), Dorothy Du
Journal of Intellectual Property Law
No abstract provided.
Explicitly Explicit: The Rogers Test And The Ninth Circuit, Daniel Jacob Wright
Explicitly Explicit: The Rogers Test And The Ninth Circuit, Daniel Jacob Wright
Journal of Intellectual Property Law
No abstract provided.
The Rise And Fall Of Patent Reexamination Under The America Invents Act: The Burdens And Unconstitutional Aspects Of Congress' Latest Attempt At Patent Reform, Ron Andrew Sassano
The Rise And Fall Of Patent Reexamination Under The America Invents Act: The Burdens And Unconstitutional Aspects Of Congress' Latest Attempt At Patent Reform, Ron Andrew Sassano
Journal of Intellectual Property Law
No abstract provided.
Fighting Piracy With Censorship: The Operation In Our Sites Domain Seizures V. Free Speech, Michael Joseph Harrell
Fighting Piracy With Censorship: The Operation In Our Sites Domain Seizures V. Free Speech, Michael Joseph Harrell
Journal of Intellectual Property Law
No abstract provided.
Diametrically Opposing Viewpoints: Why Polar Opposites Should Not Attract The Parody Label Under The Fair Use Exception To Copyright Infringement, Robyn M. Flegal
Diametrically Opposing Viewpoints: Why Polar Opposites Should Not Attract The Parody Label Under The Fair Use Exception To Copyright Infringement, Robyn M. Flegal
Journal of Intellectual Property Law
No abstract provided.
The 'Four Cs' Of Joint Inventorship: A Practical Framework For Determining Joint Inventorship, Bradley M. Krul
The 'Four Cs' Of Joint Inventorship: A Practical Framework For Determining Joint Inventorship, Bradley M. Krul
Journal of Intellectual Property Law
No abstract provided.
Unraveling The Uspto's Tangled Web: An Empirical Analysis Of The Complex World Of Post-Issuance Patent Proceedings, Mark Consilvio, Jonathan R.K. Stroud
Unraveling The Uspto's Tangled Web: An Empirical Analysis Of The Complex World Of Post-Issuance Patent Proceedings, Mark Consilvio, Jonathan R.K. Stroud
Journal of Intellectual Property Law
No abstract provided.
Why Copyright Law Lacks Taste And Scents, Leon Calleja
Why Copyright Law Lacks Taste And Scents, Leon Calleja
Journal of Intellectual Property Law
No abstract provided.
The Impact Of The United States Tax Laws On International Technology Transfer: An Overview And Some Suggestion For Minimizing The Bite, Marcus B. Finnegan, Robert E. Mccarthy
The Impact Of The United States Tax Laws On International Technology Transfer: An Overview And Some Suggestion For Minimizing The Bite, Marcus B. Finnegan, Robert E. Mccarthy
Georgia Journal of International & Comparative Law
No abstract provided.
Finders Keepers, Or Finders Weepers? A Proposed Answer To A Question Raised By Myriad Genetics, Jingshi Shi
Finders Keepers, Or Finders Weepers? A Proposed Answer To A Question Raised By Myriad Genetics, Jingshi Shi
Journal of Intellectual Property Law
No abstract provided.
Trade Secret Rising: Protecting Equivalency Test Research And Development Investments After Momenta V. Amphastar, Hannah-Alise Rogers
Trade Secret Rising: Protecting Equivalency Test Research And Development Investments After Momenta V. Amphastar, Hannah-Alise Rogers
Journal of Intellectual Property Law
No abstract provided.
To Speak, Perchance To Have A Dream: The Malicious Author And Orator Estate As A Critique Of The Digital Millennium Copyright Act's Subversion Of The First Amendment In The Era Of Notice And Takedown, Michael Bradford Patterson
To Speak, Perchance To Have A Dream: The Malicious Author And Orator Estate As A Critique Of The Digital Millennium Copyright Act's Subversion Of The First Amendment In The Era Of Notice And Takedown, Michael Bradford Patterson
Journal of Intellectual Property Law
No abstract provided.
Unauthorized Digital Sampling In The Changing Music Landscape, Ryan Lloyd
Unauthorized Digital Sampling In The Changing Music Landscape, Ryan Lloyd
Journal of Intellectual Property Law
No abstract provided.
Fault Lines In Trademark Default Judgments, David S. Welkowitz
Fault Lines In Trademark Default Judgments, David S. Welkowitz
Journal of Intellectual Property Law
No abstract provided.
The Viability Of The $30 Casebook: Intellectual Property, Voluntary Payment, Open Distribution, And Author Incentives, Lydia Pallas Loren
The Viability Of The $30 Casebook: Intellectual Property, Voluntary Payment, Open Distribution, And Author Incentives, Lydia Pallas Loren
Journal of Intellectual Property Law
It is not uncommon for a new hardbound copy of today’s law school casebooks to exceed $200. And, each year, the prices inch ever higher. After exploring the various dynamics in the traditional publishing market that have led to the current prices for casebooks, this article describes the experiences of Semaphore Press, a publisher of law school casebooks that offers a very different approach to providing law school casebooks. Semaphore Press offers digital copies of required textbooks for law school classes, (in pdf format with no digit rights management (DRM) restrictions), at a suggested price of $30. In addition, students …
The Enforcement Challenges For Tattoo Copyrights, Yolanda M. King
The Enforcement Challenges For Tattoo Copyrights, Yolanda M. King
Journal of Intellectual Property Law
No abstract provided.
Patent Office Contested Proceedings And The Duty Of Candor, Lisa A. Dolak
Patent Office Contested Proceedings And The Duty Of Candor, Lisa A. Dolak
Journal of Intellectual Property Law
The implementation of post-grant trial proceedings in the U.S. Patent and Trademark Office is one of the most significant aspects of the Leahy-Smith America Invents Act. Practitioners have a great deal of new subject matter to master, including the governing statutes and rules, and instructive Patent Trial and Appeal Board decisions. All of this new law is superimposed, however, on an existing legal landscape relating to the practitioner’s duty of candor and potential consequences for candor violations. Furthermore, the new law creates additional candor and disclosure obligations specifically applicable in post-grant contested proceedings.
This paper discusses the “old” and “new” …
Table Of Contents, Vol. 22:1, Journal Of Intellectual Property Law
Table Of Contents, Vol. 22:1, Journal Of Intellectual Property Law
Journal of Intellectual Property Law
No abstract provided.
Patent And Know-How Licensing In Japan And The United States, Terry K. Smith
Patent And Know-How Licensing In Japan And The United States, Terry K. Smith
Georgia Journal of International & Comparative Law
No abstract provided.
Where There's A Will, There's A Way: Reconciling Theories Of Willful Infringement And Disgorgement Damages In Trademark Law, Rachel Anne Zisek
Where There's A Will, There's A Way: Reconciling Theories Of Willful Infringement And Disgorgement Damages In Trademark Law, Rachel Anne Zisek
Journal of Intellectual Property Law
No abstract provided.
Clear And Convincing Disparagement: An Argument For A Higher Evidentiary Standard For When The T.T.A.B. Considers Cancelling A Well-Known, Tenured Trademark, John C. Thomas Iii
Clear And Convincing Disparagement: An Argument For A Higher Evidentiary Standard For When The T.T.A.B. Considers Cancelling A Well-Known, Tenured Trademark, John C. Thomas Iii
Journal of Intellectual Property Law
No abstract provided.
Slide To Unlock: Apple-Samsung, Alice, And The Need For Clarity In Assessing Patent-Eligibility Under Section 101 For Touchscreen Software Patents, Tucker J. Mckinley
Slide To Unlock: Apple-Samsung, Alice, And The Need For Clarity In Assessing Patent-Eligibility Under Section 101 For Touchscreen Software Patents, Tucker J. Mckinley
Journal of Intellectual Property Law
No abstract provided.