Intellectual Property Law Commons^™

Expanding The Brand: The Case For Greater Enforcement Of Mandatory Mediation In Trademark Disputes, Max Vilenchik

Cardozo Journal of Conflict Resolution

Currently, far too many trademark disputes that could have been settled outside of court end up in litigation. While alternative dispute resolution (ADR) has become more prevalent in other areas of the law, many trademark attorneys and their clients do not regularly consider ADR processes, such as mediation, as one of their options because these processes are still relatively new to the trademark law area. This Note will propose that mandatory trademark mediation programs be expanded to ensure that trademark cases that are well suited for mediation end up in mediation rather than in mounting court dockets.

In Section I, …

Protecting Free Speech For Unequivocal Fair Users: Rethinking Our Interpretation Of The §512(F) Misrepresentation Clause, Jordan Koss

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The New Trend: Protecting American Fashion Designs Through National Copyright Measures, Emma Yao Xiao

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Recent Development: The Anti-Counterfeiting Trade Agreement, Emily Ayoob

Cardozo Arts & Entertainment Law Journal

No abstract provided.

As Long As "It" Is Not Counterfeit: Holding Ebay Liable For Secondary Trademark Infringement In The Wake Of Lvmh And Tiffany Inc., Ellie Mercado

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Blues Lives: Promise And Perils Of Musical Copyright, Olufunmilayo B. Arewa

Cardozo Arts & Entertainment Law Journal

No abstract provided.

When Indigenous Communities Go Digital: Protecting Traditional Cultural Expressions Through Integration Of Ip And Customary Law, Stephanie Spangler

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Distribution, I Presume: A Role For Presumptions In Establishing The "Making Available" Right, Joe Weissman

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Reconciling Fair Use And Trademark Use, Margreth Barrett

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Red Flag Test For Apparent Knowledge Under The Dmca §512(C) Safe Harbor, Liliana Chang

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Almost Famous: Preventing Username-Squatting On Social Networking Websites, Zorik Pesochinsky

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Tea Board V. Mr. Jean-Luc Dusong, Court Of Appeals Of Paris, 05/20050, Decision Of November 22, 2006, Justin Hughes, Diane Artal

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Locke's 1694 Memorandum (And More Incomplete Copyright Historiographies), Justin Hughes

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Tough Reality Of Copyright Piracy: A Case Study Of The Music Industry In China, Jiarui Liu

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Grapes Of Wrathful Heirs: Terminations Of Transfers Of Copyright And "Agreements To The Contrary", Michael J. Bales

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Singer Did Not Approve This Message: Analyzing The Unauthorized Use Of Copyrighted Music In Political Advertisements In Jackson Browne V. John Mccain, David C. Johnston

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Much Ado About Evocation: A Cultural Analysis Of "Well-Knownness" And The Right Of Publicity, David Tan

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Right Of Publicity Licensing In A New Age: No Doubt V. Activision Publishing, Inc., Marta Baffy

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Legal Ecology Of Resistance: The Role Of Antibiotic Resistance In Pharmaceutical Innovation, Kevin Outterson

Cardozo Law Review

Antibiotic effectiveness is a common pool resource that can be prematurely depleted through resistance. Some experts warn that we may face a global ecological collapse in antibiotic effectiveness.

Conventional wisdom argues for more intellectual property rights to speed the creation of new antibiotics. Recent theoretical literature suggests that conservation-based approaches may yield superior results. This Article describes a novel typology for organizing these emerging theories and provides an early empirical test of these models using proprietary data on the sales of vancomycin, an important hospital antibiotic for the last three decades.

The results challenge the assumptions in several models and …

Trademarks As A Media For False Advertising, J. Shahar Dillbary

Cardozo Law Review

This Article explores an unnoticed aspect of trademark law which in some instances may constitute a license to cheat. It shows that under certain circumstances a seller can use its own trademark to mislead its customers, free from legal sanction, in contexts where the same behavior would be sanctioned if the seller used other advertising media. The Article then explores how an alternate conception of the economic function of trademarks can be used to understand the informational value of trademarks and their advertising function. After identifying circumstances appropriate for legal intervention, the Article concludes with a proposal for a new …

Hoisting Originality, Joseph Scott Miller

Cardozo Law Review

No abstract provided.

International Law In Crisis: A Qualitative Empirical Contribution To The Compliance Debate, Michael P. Scharf

Cardozo Law Review

In the aftermath of the terrorist attacks of September 11, 2001, Professors Jack Goldsmith and Eric Posner published The Limits of International Law, a potentially revolutionary book that employs rational choice theory to argue that international law is really just "politics" and does not render a "compliance pull" on State decision-makers. Critics have pointed out that Goldsmith and Posner's identification of the role of international law in each of their case studies is largely conjectural, and that what is needed is qualitative empirical data that identifies the international law-based arguments that were actually made and the policy-makers' responses to …

The Burden Of Establishing Patent Invalidity: Maintaining A Heightened Evidentiary Standard Despite Increasing "Verbal Variances", Etan S. Chatlynne

Cardozo Law Review

No abstract provided.

Reconciling The Patent Exhaustion And Conditional Sale Doctrines In Light Of Quanta Computer V. Lg Electronics, Erin Julia Daida Austin

Cardozo Law Review

No abstract provided.

Rethinking Patentable Subject Matter: Are Statutory Categories Useful?, Aaron J. Zakem

Cardozo Law Review

No abstract provided.

Information May Want To Be Free, But Information Products Do Not: Protecting And Facilitating Transactions In Information Products, Kristen Osenga

Cardozo Law Review

Information products - products that are used to organize, provide context, and distribute information - have gone largely unprotected by intellectual property regimes. As a result, producers of information products, such as databases and software, have resorted to alternative mechanisms to protect their investments. These mechanisms have resulted in both over-protection and under-protection of the information products. Further, the uncertainty in the boundaries of coverage, coupled with the resort to self-help mechanisms, may well inhibit, rather than facilitate, information flow. What is needed is a sui generis protection scheme for information products that clearly defines the boundaries and protection requirements …

Not Confused? Don't Be Troubled: Meeting The First Amendment Attack On Protection Of "Generic" Foreign Geographical Indications, Scott Danner

Cardozo Law Review

No abstract provided.

Publishing Raymond Carver's "Original" Stories As "Fair Use", Matthew J. Weldon

Cardozo Public Law, Policy & Ethics Journal

The note examines the legal and ethical implications of editorial influence on authorial rights, particularly in the context of Raymond Carver's works edited by Gordon Lish. It explores the tension between editorial collaboration and copyright law, highlighting the challenges of attributing contributions and protecting authorial intent. The analysis draws on U.S. copyright law, moral rights, and fair use doctrine to evaluate Tess Gallagher's efforts to publish Carver's original stories, raising broader questions about the role of editors and the limits of their creative input.

Patent Claim Construction: It's Not A Pure Matter Of Law, So Why Isn't The Federal Circuit Giving The District Courts The Deference They Deserve?, Lauren Maida

Cardozo Law Review

No abstract provided.

For Promotional Use Only: Is The Resale Of A Promotional Cd Protected By The First Sale Doctrine?, Keith Harris

Cardozo Law Review

No abstract provided.