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Intellectual Property Law Commons™

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Yeshiva University, Cardozo School of Law

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Articles 571 - 600 of 984

Full-Text Articles in Intellectual Property Law

Real Art Calls For Real Legislation: An Argument Against Adoption Of The Design Piracy Prohibition Act, Anya Jenkins Ferris Jan 2008

Real Art Calls For Real Legislation: An Argument Against Adoption Of The Design Piracy Prohibition Act, Anya Jenkins Ferris

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Privacy From Photography: Is There A Right Not To Be Photographed Under New York State Law?, Ariella Goldstein Jan 2008

Privacy From Photography: Is There A Right Not To Be Photographed Under New York State Law?, Ariella Goldstein

Cardozo Arts & Entertainment Law Journal

No abstract provided.


The Section 117 Adaptation Defense And Krause V. Titleserv, Inc.: An Analysis Of The Various Circuits' Approaches, Logan Marc Jan 2008

The Section 117 Adaptation Defense And Krause V. Titleserv, Inc.: An Analysis Of The Various Circuits' Approaches, Logan Marc

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Paparazzi/Blogger Face-Off: Opportunity Knocking For A Fair Use Limit?, Eaton O'Neill Jan 2008

Paparazzi/Blogger Face-Off: Opportunity Knocking For A Fair Use Limit?, Eaton O'Neill

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Defining Expeditious: Uncharted Territory Of The Dmca Safe Harbor Provision, Debra Weinstein Jan 2008

Defining Expeditious: Uncharted Territory Of The Dmca Safe Harbor Provision, Debra Weinstein

Cardozo Arts & Entertainment Law Journal

No abstract provided.


A Defense Of Patenting Human Gene Sequences Under U.S. Law: Support For The Patenting Of Isolated And Purified Substances, Lauren M. Nowierski Jan 2008

A Defense Of Patenting Human Gene Sequences Under U.S. Law: Support For The Patenting Of Isolated And Purified Substances, Lauren M. Nowierski

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Doubling Up The Horses In Midstream: Enhancing U.S. Patent Dispute Resolution By The Pto's Adoption Of The Jpo's Hantei Request System, Gino Cheng Jan 2008

Doubling Up The Horses In Midstream: Enhancing U.S. Patent Dispute Resolution By The Pto's Adoption Of The Jpo's Hantei Request System, Gino Cheng

Cardozo Journal of Conflict Resolution

For entities seeking to preempt or defend against adverse claims of infringement, navigating the present U.S. patent dispute resolution system is a thorny path. Judicial standing requirements hinder a potential defendant from fully assessing its risks before making and placing in jeopardy certain investments or assuming negotiation costs, thereby increasing its accountability, the financial stakes, and the probability of retaliation. While the standing doctrine has become more favorable to would-be licensees over time, a readily accessible opining mechanism for infringement would usher in still more benefits, including those unachievable through either litigation or conventional forms of alternative dispute resolution. Although …


Squeezing The Juice: The Failed Attempt To Acquire O.J. Simpson's Right Of Publicity, And Why It Should Have Succeeded, Tal Ganani Jan 2008

Squeezing The Juice: The Failed Attempt To Acquire O.J. Simpson's Right Of Publicity, And Why It Should Have Succeeded, Tal Ganani

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Bilcare, Ksr, Presumptions Of Validity, Preliminary Relief, And Obviousness In Patent Law, Joshua D. Sarnoff Jan 2008

Bilcare, Ksr, Presumptions Of Validity, Preliminary Relief, And Obviousness In Patent Law, Joshua D. Sarnoff

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Kant On Copyright: Rights Of Transformative Authorship, Kim Treiger-Bar-Am Jan 2008

Kant On Copyright: Rights Of Transformative Authorship, Kim Treiger-Bar-Am

Cardozo Arts & Entertainment Law Journal

No abstract provided.


What The Sioux Should Do: Lanham Act Challenges In The Post-Harjo Era, Jason Finkelstein Jan 2008

What The Sioux Should Do: Lanham Act Challenges In The Post-Harjo Era, Jason Finkelstein

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Three-Dimensional Objects As Marks: Does A "Dark Shadow" Loom Over Trademark Theory?, Amir H. Khoury Jan 2008

Three-Dimensional Objects As Marks: Does A "Dark Shadow" Loom Over Trademark Theory?, Amir H. Khoury

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Evaluation Of The Dilution-Parody Paradox In The Wake Of The Trademark Dilution Revision Act Of 2006, Justin J. Gunnell Jan 2008

Evaluation Of The Dilution-Parody Paradox In The Wake Of The Trademark Dilution Revision Act Of 2006, Justin J. Gunnell

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Reconceptualizing Property In Designs, Orit Fischman Afori Jan 2008

Reconceptualizing Property In Designs, Orit Fischman Afori

Cardozo Arts & Entertainment Law Journal

No abstract provided.


"Copynorms," Black Cultural Production, And The Debate Over African-American Reparations, K. J. Greene Jan 2008

"Copynorms," Black Cultural Production, And The Debate Over African-American Reparations, K. J. Greene

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Four Thousand Words On Finnegans Wake: The Misuse Of Copyright Doctrine And The Controversy Surrounding The Estate Of James Joyce, Samantha Brand Jan 2008

Four Thousand Words On Finnegans Wake: The Misuse Of Copyright Doctrine And The Controversy Surrounding The Estate Of James Joyce, Samantha Brand

Cardozo Arts & Entertainment Law Journal

No abstract provided.


The Never Ending Seizure Order: How Courts Have Granted Immortality To Congress's Mayfly, Steven N. Baker Jan 2008

The Never Ending Seizure Order: How Courts Have Granted Immortality To Congress's Mayfly, Steven N. Baker

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Criminal Manifestos And The Media, Arlen Pyenson Jan 2008

Criminal Manifestos And The Media, Arlen Pyenson

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Created Facts And The Flawed Ontology Of Copyright Law, Justin Hughes Nov 2007

Created Facts And The Flawed Ontology Of Copyright Law, Justin Hughes

Articles

It is black letter doctrine that facts are not copyrightable: facts are discovered, not created—so they will always lack the originality needed for copyright protection. As straightforward as this reasoning seems, it is fundamentally flawed. Using the “social facts” theory of philosopher John Searle, this Article explores a variety of “created facts” cases—designation systems, systematic evaluations, and privately written laws—in which original expression from private individuals is adopted by social convention and generates facts in our social reality. In the course of this discussion, the paper places facts in their historical and philosophical context, explores how courts conflate facts with …


Can The Australian Model Be Applied To U.S. Moral Rights Legislation?, Joan Pattarozzi Oct 2007

Can The Australian Model Be Applied To U.S. Moral Rights Legislation?, Joan Pattarozzi

Cardozo Journal of International and Comparative Law

The note argues that the U.S. should adopt a more comprehensive framework for moral rights in copyright law, drawing inspiration from Australia's balanced approach, to better protect authors' personal and reputational interests while addressing concerns about market disruption and litigation. It highlights the U.S.'s current emphasis on economic rights, its limited implementation of moral rights under the Visual Artists Rights Act (VARA), and the potential for Australia's model to serve as a template for U.S. legislation.


Restraints On Innovation, Herbert Hovenkamp Oct 2007

Restraints On Innovation, Herbert Hovenkamp

Cardozo Law Review

No abstract provided.


Recording Satellite Radio - Adapting To Modern Technology Or Infringing Copyright?, Jason A. Auerbach Oct 2007

Recording Satellite Radio - Adapting To Modern Technology Or Infringing Copyright?, Jason A. Auerbach

Cardozo Law Review

No abstract provided.


That’S A Fine Chablis You’Re Not Drinking: The Proper Place For Geographical Indications In Trademark Law, Justin Hughes, Lynne Beresford, Annette Kur, Kenneth Plevan, Susan Scafidi Jul 2007

That’S A Fine Chablis You’Re Not Drinking: The Proper Place For Geographical Indications In Trademark Law, Justin Hughes, Lynne Beresford, Annette Kur, Kenneth Plevan, Susan Scafidi

Articles

No abstract provided.


The Negative Effect Of Pharmaceutical Patents On South African Industry, Chenxi Jiao Apr 2007

The Negative Effect Of Pharmaceutical Patents On South African Industry, Chenxi Jiao

Cardozo Public Law, Policy & Ethics Journal

The note argues that the World Trade Organization's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) has disproportionately favored developed economies, stifling the growth of local pharmaceutical industries in developing countries like South Africa. While TRIPS aimed to balance societal benefits with short-term costs, its strict patent protections have hindered the development of generic drug manufacturing and technology transfer in these regions. The analysis highlights that strong intellectual property rights alone do not drive foreign investment or industrial growth, as market size, infrastructure, and economic stability play more critical roles. The note advocates for a reformed approach to intellectual …


Don't Sweat It: Copyright Protection For Yoga ... Are Exercise Routines Next?, Karolina Jesien Apr 2007

Don't Sweat It: Copyright Protection For Yoga ... Are Exercise Routines Next?, Karolina Jesien

Cardozo Public Law, Policy & Ethics Journal

The note examines the copyrightability of yoga sequences and exercise routines, arguing that they can qualify for copyright protection under specific conditions. It explores the tension between functionality and aesthetics, suggesting that choreographed routines, despite their utilitarian aspects, may be protected if they meet copyright standards.


Confronting The Genericism Conundrum, Deven R. Desai, Sandra L. Rierson Feb 2007

Confronting The Genericism Conundrum, Deven R. Desai, Sandra L. Rierson

Cardozo Law Review

No abstract provided.


Tool Of The Trademark: Brand Criticism And Free Speech Problems With The Trademark Dilution Revision Act Of 2006, Jesse A. Hofrichter Feb 2007

Tool Of The Trademark: Brand Criticism And Free Speech Problems With The Trademark Dilution Revision Act Of 2006, Jesse A. Hofrichter

Cardozo Law Review

No abstract provided.


Disappearing Safeguards: Fisa Nonresident Alien "Loophole" Is Unconstitutional, Brenton Hund Jan 2007

Disappearing Safeguards: Fisa Nonresident Alien "Loophole" Is Unconstitutional, Brenton Hund

Cardozo Journal of International and Comparative Law

The note argues that the Foreign Intelligence Surveillance Act (FISA) contains a "nonresident alien loophole" that undermines constitutional protections, particularly for U.S. persons. This loophole, expanded by amendments such as the Patriot Act and the Lone Wolf Amendment, allows the government to conduct surveillance on nonresident aliens under relaxed standards, which can incidentally target U.S. citizens without meeting FISA's stricter requirements. The analysis contends that this loophole violates the Fourth Amendment by enabling surveillance on U.S. persons without probable cause or proper warrants, eroding privacy rights in the name of national security. The note advocates for legislative reforms to close …


Price Discrimination In The Textbook Market: An Analysis Of The Post-Quality King Proposals To Prevent And Disincentivize Reimportation And Arbitrage, Christine Ongchin Jan 2007

Price Discrimination In The Textbook Market: An Analysis Of The Post-Quality King Proposals To Prevent And Disincentivize Reimportation And Arbitrage, Christine Ongchin

Cardozo Journal of International and Comparative Law

The note examines how the rise of the internet and legal developments, particularly the Supreme Court's decision in Quality King Distributors v. Lanza, have disrupted traditional price discrimination practices in the textbook industry. Historically, publishers engaged in third-degree price discrimination, charging higher prices in the U.S. market due to geographic isolation and limited arbitrage opportunities. However, the internet has facilitated reimportation and arbitrage, undermining this practice. The first sale doctrine under 17 U.S.C. § 109(a) further complicates efforts to prevent resale of cheaper, internationally purchased textbooks in the U.S. market. Publishers must now consider alternative strategies, such as contractual …


American Moral Rights And Fixing The Dastar Gap, Justin Hughes Jan 2007

American Moral Rights And Fixing The Dastar Gap, Justin Hughes

Articles

When the United States acceded to the Berne Convention in 1988, Congress concluded that a compendium of causes of action under American law, including Lanham Act claims, provided the moral rights protections mandated by Berne Article 6bis. This claim of patchwork protection of moral rights has always been widely criticized, but became more dubious in the wake of the Supreme Court's 2003 decision in Dastar v. Twentieth Century Fox. In Dastar, the Court held that vis-a-vis works in the public domain there is no Lanham section 43(a) obligation to credit the original creator or copyright owner as the origin of …