Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Social and Behavioral Sciences (15)
- Library and Information Science (14)
- International Law (10)
- Science and Technology Law (10)
- Law Librarianship (9)
-
- Constitutional Law (8)
- First Amendment (6)
- International Trade Law (6)
- Property Law and Real Estate (6)
- Supreme Court of the United States (6)
- Antitrust and Trade Regulation (5)
- Physical Sciences and Mathematics (5)
- Commercial Law (4)
- Computer Sciences (4)
- Internet Law (4)
- Business Organizations Law (3)
- Consumer Protection Law (3)
- Environmental Law (3)
- Health Law and Policy (3)
- Artificial Intelligence and Robotics (2)
- Arts and Humanities (2)
- Business (2)
- Business Law, Public Responsibility, and Ethics (2)
- Civil Rights and Discrimination (2)
- Comparative and Foreign Law (2)
- Courts (2)
- Cultural Heritage Law (2)
- Entertainment, Arts, and Sports Law (2)
- Keyword
-
- Copyright (49)
- Intellectual Property (44)
- Patent Law (30)
- Copyright Infringement (28)
- Copyright Law (25)
-
- Heymann works (23)
- Patent Infringement (21)
- Patents (20)
- Fair Use (19)
- Trademarks (18)
- Copyrights (15)
- Rajec works (14)
- Intellectual property (12)
- Patent Licensing (12)
- W&M Faculty (11)
- International Law (9)
- Trademark Infringement (8)
- Trademark Law (8)
- Intellectual Property Law (7)
- Patent law (7)
- Copyright Act of 1976 (6)
- Copyright infringement (6)
- Property (6)
- United States (6)
- Authorship (5)
- Digital Millennium Copyright Act of 1998 (5)
- Economics (5)
- Injunctions (5)
- International Trade (5)
- Patentability (5)
- Publication Year
- Publication
- Publication Type
Articles 151 - 180 of 267
Full-Text Articles in Intellectual Property Law
The Grammar Of Trademarks, Laura A. Heymann
The Grammar Of Trademarks, Laura A. Heymann
Faculty Publications
How do people talk when they talk about trademarks? If trademarks have
become, as linguist Geoffrey Nunberg suggests, our “new global tongue,”
perhaps we should pay greater attention to the grammar we use when we
talk about them. We use “Coke” to refer to the Coca-Cola beverage in the
North, and “coke” to refer to any kind of soda in the South, yet we still
manage to get the drinks we desire. We use trademarks as verbs—we
“xerox” a document or “tivo” a television program—without losing sight
of the fact that “Xerox” and “TiVo” are brands of particular products.
We …
Embedded Federal Questions, Exclusive Jurisdiction, And Patent-Based Malpractice Claims, Christopher G. Wilson
Embedded Federal Questions, Exclusive Jurisdiction, And Patent-Based Malpractice Claims, Christopher G. Wilson
William & Mary Law Review
No abstract provided.
Self-Realizing Inventions And The Utilitarian Foundation Of Patent Law, Alan Devlin, Neel Sukhatme
Self-Realizing Inventions And The Utilitarian Foundation Of Patent Law, Alan Devlin, Neel Sukhatme
William & Mary Law Review
Unlike other forms of intellectual property, patents are universally justified on utilitarian grounds alone. Valuable inventions and discoveries, bearing the characteristics of public goods, are easily appropriated by third parties. Because much technological innovation occurs pursuant to significant expenditures—both in terms of upfront research and subsequent commercialization costs—inventors must be permitted to extract at least part of the social gain associated with their technological contributions. Absent some form of proprietary control or alternative reward system, economics predicts that suboptimal capital will be devoted to the innovative process. This widely accepted principle comes with an important corollary: namely, that canons of …
Trademarks And The Boundaries Of The Firm, Dan L. Burk, Brett H. Mcdonnell
Trademarks And The Boundaries Of The Firm, Dan L. Burk, Brett H. Mcdonnell
William & Mary Law Review
Coase's theory of the firm has become a familiar tool to analyze the structure and organization of businesses. Such analyses have increasingly focused on property-based theories of the firm, including intellectual property. In previous work we have discussed the application of this model to patents, copyrights, and trade secrets. Here we take up the theory of the firm with regard to trademarks, which act as signals of firm reputation, and so have application and effects that differ substantially from other forms of intellectual property. Using the framework from our previous analyses, we examine the propensity of trademarks to lower transaction …
Economies Of Desire: Fair Use And Marketplace Assumptions, Rebecca Tushnet
Economies Of Desire: Fair Use And Marketplace Assumptions, Rebecca Tushnet
William & Mary Law Review
At the moment that "incentives"for creation meet "preferences"for the same, the economic account of copyright loses its explanatory power. This piece explores the ways in which the desire to create can be excessive, beyond rationality, and free from the need for economic incentive. Psychological and sociological concepts can do more to explain creative impulses than classical economics. As a result, a copyright law that treats creative activity as a product of economic incentives can miss the mark and harm what it aims to promote. The idea of abundance-even overabundance-in creativity can help define the proper scope of copyright law, especially …
Statutory Damages In Copyright Law: A Remedy In Need Of Reform, Pamela Samuelson, Tara Wheatland
Statutory Damages In Copyright Law: A Remedy In Need Of Reform, Pamela Samuelson, Tara Wheatland
William & Mary Law Review
No abstract provided.
A New Deal For End Users? Lessons From A French Innovation In The Regulation Of Interoperability, Jane Winn, Nicolas Jondet
A New Deal For End Users? Lessons From A French Innovation In The Regulation Of Interoperability, Jane Winn, Nicolas Jondet
William & Mary Law Review
In 2007, France created the Regulatory Authority for Technical Measures (lAutoritj de Rdgulation des Mesures Techniques or ARMT), an independent regulatory agency charged with promoting the interoperability of digital media distributed with embedded "technical protection measures" (TPM), also known as "digital rights management" technologies (DRM). ARMT was established in part to rectify what French lawmakers perceived as an imbalance in the rights of copyright owners and end users created when the European Copyright Directive (EUCD) was transposed into French law as the "Loi sur le Droit d'Auteur et les Droits Voisins dans la Socidte de l'Information" (DADVSI). ARMT is both …
The New Invention Creation Activity Boundary In Patent Law, Margo A. Bagley
The New Invention Creation Activity Boundary In Patent Law, Margo A. Bagley
William & Mary Law Review
This Essay identifies a new boundary in patent law-illegal or immoral invention creation activity-and explores the possible challenges and opportunities it may facilitate. The boundary currently is neither robust nor extensive, and whether and under what circumstances it should exist at all is open to debate.
Rules And Standards On The Forefront Of Patentability, John F. Duffy
Rules And Standards On The Forefront Of Patentability, John F. Duffy
William & Mary Law Review
No abstract provided.
Patent Examination Priorities, Michael J. Meurer
Patent Examination Priorities, Michael J. Meurer
William & Mary Law Review
No abstract provided.
Developing A Private International Intellectual Property Law: The Demise Of Territoriality?, Graeme B. Dinwoodie
Developing A Private International Intellectual Property Law: The Demise Of Territoriality?, Graeme B. Dinwoodie
William & Mary Law Review
No abstract provided.
An Alternative Approach To Channeling?, Mark P. Mckenna
An Alternative Approach To Channeling?, Mark P. Mckenna
William & Mary Law Review
Intellectual property law has developed a variety of doctrines to police the boundaries between various forms of protection. Courts and scholars alike overwhelmingly conceive of these doctrines in terms of the nature of the objects of protection. The functionality doctrine in trademark law, for example, defines the boundary between trademark and patent law by identifying and refusing trademark protection to features that play a functional role in a product's performance. Likewise, the useful article doctrine works at the boundary of copyright and patent law to identify elements of an article's design that are dictated by function and to channel protection …
Administering Fair Use, Jason Mazzone
Administering Fair Use, Jason Mazzone
William & Mary Law Review
Fair use is not working. As written by Congress and applied by the courts, the fair use law fails to give individuals sufficiently clear guidance to determine in advance whether their uses of copyrighted works are fair and therefore noninfringing. When the law does not regulate adequately, markets can supply the rules. Thus, copyright owners and prospective users of copyrighted works can-and donegotiate over and enter into contracts specifying permissible uses. However, leaving fair use to the market is far from desirable. Fair use is not meant to be something that is sold and bought like other market goods. Fair …
Spillovers Theory And Its Conceptual Boundaries, Brett Frischmann
Spillovers Theory And Its Conceptual Boundaries, Brett Frischmann
William & Mary Law Review
No abstract provided.
Distinguishing Lost Profits From Reasonable Royalties, Mark A. Lemley
Distinguishing Lost Profits From Reasonable Royalties, Mark A. Lemley
William & Mary Law Review
No abstract provided.
Introduction: The Boundaries Of Intellectual Property Symposium, I. Trotter Hardy
Introduction: The Boundaries Of Intellectual Property Symposium, I. Trotter Hardy
William & Mary Law Review
No abstract provided.
How To Write A Life: Some Thoughts On Fixation And The Copyright/Privacy Divide, Laura A. Heymann
How To Write A Life: Some Thoughts On Fixation And The Copyright/Privacy Divide, Laura A. Heymann
William & Mary Law Review
No abstract provided.
A Tale Of (At Least) Two Authors: Focusing Copyright Law On Process Over Product, Laura A. Heymann
A Tale Of (At Least) Two Authors: Focusing Copyright Law On Process Over Product, Laura A. Heymann
Faculty Publications
No abstract provided.
The Public's Domain In Trademark Law: A First Amendment Theory Of The Consumer, Laura A. Heymann
The Public's Domain In Trademark Law: A First Amendment Theory Of The Consumer, Laura A. Heymann
Faculty Publications
No abstract provided.
Territory, Plants, And Land-Use Rights Among The San Of Southern Africa: A Case Study In Regional Biodiversity, Traditional Knowledge, And Intellectual Property, Stephen R. Munzer, Phyllis Chen Simon
Territory, Plants, And Land-Use Rights Among The San Of Southern Africa: A Case Study In Regional Biodiversity, Traditional Knowledge, And Intellectual Property, Stephen R. Munzer, Phyllis Chen Simon
William & Mary Bill of Rights Journal
No abstract provided.
Harmonizing The Exclusionary Rights Of Patents With Compulsory Licensing, Troy L. Gwartney
Harmonizing The Exclusionary Rights Of Patents With Compulsory Licensing, Troy L. Gwartney
William & Mary Law Review
No abstract provided.
Open Access To Student-Edited Law Journals, Benjamin J. Keele
Open Access To Student-Edited Law Journals, Benjamin J. Keele
Library Staff Publications
No abstract provided.
A Realistic Approach To The Obviousness Of Inventions, Daralyn J. Durie, Mark A. Lemley
A Realistic Approach To The Obviousness Of Inventions, Daralyn J. Durie, Mark A. Lemley
William & Mary Law Review
No abstract provided.
The Dangers Of The Digital Millennium Copyright Act: Much Ado About Nothing?, Steve P. Calandrillo, Ewa M. Davison
The Dangers Of The Digital Millennium Copyright Act: Much Ado About Nothing?, Steve P. Calandrillo, Ewa M. Davison
William & Mary Law Review
In 1998, Congress passed the Digital Millennium Copyright Act (DMCA), a landmark piece of legislation aimed at protecting copyright holders from those who might manufacture or traffic technology capable of allowing users to evade piracy protections on the underlying work. At its core, the DMCA flatly prohibits the circumvention of "technological protection measures "in order to gain access to copyrighted works, but provides no safety valve for any traditionally protected uses. While hailed as a victory by the software and entertainment industries, the academic and scientific communities have been far less enthusiastic. The DMCA's goal of combating piracy is a …
Patently Protectionist? An Empirical Analysis Of Patent Cases At The International Trade Commission, Colleen V. Chien
Patently Protectionist? An Empirical Analysis Of Patent Cases At The International Trade Commission, Colleen V. Chien
William & Mary Law Review
The International Trade Commission (ITC) provides a special forum for adjudicating patent disputes involving imports. It offers several advantages over United States district courts to patentees, including relaxed jurisdictional requirements, speed, and unique remedies. Unlike district courts, the ITC almost automatically grants injunctive relief to prevailing patentees, and does not recognize certain defenses to infringement. These features have been justified as needed to prosecute foreign infringers who would otherwise evade U.S. district courts. They have also led to charges that the ITC is protectionist and unfair to defendants and that it fosters inconsistency in U.S. patent law. Based on an …
Everything Is Transformative: Fair Use And Reader Response, Laura A. Heymann
Everything Is Transformative: Fair Use And Reader Response, Laura A. Heymann
Faculty Publications
No abstract provided.
Imitation Is The Sincerest Form Of … Infringement?: Guitar Tabs, Fair Use, And The Internet, Jocelyn Kempema
Imitation Is The Sincerest Form Of … Infringement?: Guitar Tabs, Fair Use, And The Internet, Jocelyn Kempema
William & Mary Law Review
No abstract provided.
Extraterritoriality In U.S. Patent Law, Timothy R. Holbrook
Extraterritoriality In U.S. Patent Law, Timothy R. Holbrook
William & Mary Law Review
Globalization has eroded traditional territorial limits on intellectual property laws. Although this pressure was first seen in trademark and copyright law, recent court decisions have demonstrated that the territorial lines of U.S. patents are also under assault. Indeed, the Supreme Court recently considered extraterritoriality in U.S. patent law in its 2007 decision in Microsoft Corp. v. AT&T Corp., discussed thoroughly in this Article. Courts and commentators have offered two primary approaches to deal with the issue of the extraterritorial reach of U.S. patents. First, many courts, including the Supreme Court, continue to adhere to a strict view of a patent's …
Illegal P2p File Sharing On College Campuses – What's The Solution?, Antionette D. Bishop
Illegal P2p File Sharing On College Campuses – What's The Solution?, Antionette D. Bishop
Student Award Winning Papers
No abstract provided.
The Reasonable Person In Trademark Law, Laura A. Heymann
The Reasonable Person In Trademark Law, Laura A. Heymann
Faculty Publications
No abstract provided.