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Intellectual Property Law Commons™

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Yeshiva University, Cardozo School of Law

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Articles 601 - 630 of 984

Full-Text Articles in Intellectual Property Law

Does Liability Enhance Credibility?: Lessons From The Dmca Applied To Online Defamation, Olivera Medenica, Kaiser Wahab Jan 2007

Does Liability Enhance Credibility?: Lessons From The Dmca Applied To Online Defamation, Olivera Medenica, Kaiser Wahab

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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To Live In In-"Fame"-Y: Reconceiving Scandalous Marks As Analogous To Famous Marks, Jasmine Abdel-Khalik Jan 2007

To Live In In-"Fame"-Y: Reconceiving Scandalous Marks As Analogous To Famous Marks, Jasmine Abdel-Khalik

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Is An Accrued Cause Of Action For Copyright Infringement More Like A Kidney Or A Contract?, Bryanne J. Schmitt Jan 2007

Is An Accrued Cause Of Action For Copyright Infringement More Like A Kidney Or A Contract?, Bryanne J. Schmitt

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Cope-Ing With The Future: An Examination Of The Potential Copyright Liability Of Non-Neutral Networks For Infringing Internet Content, Alex Pisarevsky Jan 2007

Cope-Ing With The Future: An Examination Of The Potential Copyright Liability Of Non-Neutral Networks For Infringing Internet Content, Alex Pisarevsky

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Ebay V. Mercexchange: Looking At The Cause And Effect Of A Shift In The Standard For Issuing Patent Injunctions, Rebecca A. Hand Jan 2007

Ebay V. Mercexchange: Looking At The Cause And Effect Of A Shift In The Standard For Issuing Patent Injunctions, Rebecca A. Hand

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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In Search Of Validity: A New Model For The Content And Procedural Treatment Of Trademark Infringement Surveys, Irina D. Manta Jan 2007

In Search Of Validity: A New Model For The Content And Procedural Treatment Of Trademark Infringement Surveys, Irina D. Manta

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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On The Legal Consequences Of Sauces: Should Thomas Keller's Recipes Be Per Se Copyrightable?, Christopher J. Buccafusco Jan 2007

On The Legal Consequences Of Sauces: Should Thomas Keller's Recipes Be Per Se Copyrightable?, Christopher J. Buccafusco

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Reforming Section 115: Escape From The Byzantine World Of Mechanical Licensing, Skyla Mitchell Jan 2007

Reforming Section 115: Escape From The Byzantine World Of Mechanical Licensing, Skyla Mitchell

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Adverse To What?: The Increasing Value Of Patent Opinions After Knorr-Bremse, Matthew Leary Jan 2007

Adverse To What?: The Increasing Value Of Patent Opinions After Knorr-Bremse, Matthew Leary

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Recent Second Circuit Opinions Indicate That Google's Library Project Is Not Transformative, Matt Williams Jan 2007

Recent Second Circuit Opinions Indicate That Google's Library Project Is Not Transformative, Matt Williams

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Struggling Around The "Natural" Divide: The Protection Of Tangible And Intangible Indigenous Property, Emanuela Arezzo Jan 2007

Struggling Around The "Natural" Divide: The Protection Of Tangible And Intangible Indigenous Property, Emanuela Arezzo

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Performance Anxiety: The Internet And Copyright's Vanishing Performance/Distribution Distinction, Jonah M. Knobler Jan 2007

Performance Anxiety: The Internet And Copyright's Vanishing Performance/Distribution Distinction, Jonah M. Knobler

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Oysters And Oligonucleotides: Concerns And Proposals For Patenting Research Tools, Cara Koss Jan 2007

Oysters And Oligonucleotides: Concerns And Proposals For Patenting Research Tools, Cara Koss

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Coming Into Compliance With Trips: A Discussion Of India's New Patent Laws, Jeffrey Colin Jan 2007

Coming Into Compliance With Trips: A Discussion Of India's New Patent Laws, Jeffrey Colin

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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The Twilight Of The Opera Pirates: A Prehistory Of The Exclusive Right Of Public Performance For Musical Compositions, Zvi S. Rosen Jan 2007

The Twilight Of The Opera Pirates: A Prehistory Of The Exclusive Right Of Public Performance For Musical Compositions, Zvi S. Rosen

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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To Achieve Closure Of The Hatch-Waxman Act's Loopholes, Legislative Action Is Unnecessary; Generic Manufacturers Are Able To Hold Their Own, Yana Pechersky Jan 2007

To Achieve Closure Of The Hatch-Waxman Act's Loopholes, Legislative Action Is Unnecessary; Generic Manufacturers Are Able To Hold Their Own, Yana Pechersky

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Visions And Revisions: Fanvids And Fair Use, Sarah Trombley Jan 2007

Visions And Revisions: Fanvids And Fair Use, Sarah Trombley

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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States As Innovation System Laboratories: California, Patents, And Stem Cell Technology, Michael S. Mireles Jr. Dec 2006

States As Innovation System Laboratories: California, Patents, And Stem Cell Technology, Michael S. Mireles Jr.

Cardozo Law Review

No abstract provided.

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A New Test For Obviousness In Combination Patents: Economic Synergy, Tamir Packin Nov 2006

A New Test For Obviousness In Combination Patents: Economic Synergy, Tamir Packin

Cardozo Law Review

No abstract provided.

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Punishment, Prisons, And The Bible: Does "Old Testament Justice" Justify Our Retributive Culture?, Martin H. Pritikin Nov 2006

Punishment, Prisons, And The Bible: Does "Old Testament Justice" Justify Our Retributive Culture?, Martin H. Pritikin

Cardozo Law Review

No abstract provided.

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Rock, Paper, Scissors, Trademark? A Comparative Analysis Of Motion As A Feature Of Trademarks In The United States And Europe, Lesley Matty Oct 2006

Rock, Paper, Scissors, Trademark? A Comparative Analysis Of Motion As A Feature Of Trademarks In The United States And Europe, Lesley Matty

Cardozo Journal of International and Comparative Law

Motion trademarks, or motion marks, represent a unique form of nontraditional trademarks that use movement to distinguish goods and services. Despite their recognition in the U.S. and Europe, motion marks face significant challenges in registration and enforcement due to limited case law and unclear protection standards. This note explores the legal and practical complexities surrounding motion marks, advocating for improved registration processes and alternative legal strategies, such as dilution claims, to enhance their protection.

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What's All The Fuss? The "Parade Of Horribles" When Applying 35 U.S.C. § 271(F) To Software Patents, Paul Margulies Oct 2006

What's All The Fuss? The "Parade Of Horribles" When Applying 35 U.S.C. § 271(F) To Software Patents, Paul Margulies

Cardozo Journal of International and Comparative Law

The article examines the challenges of applying 35 U.S.C. § 271(f) to software patents in international contexts, arguing that extraterritorial application risks overstepping U.S. jurisdiction and causing international tensions. It advocates for U.S. courts to consider foreign law in such cases to maintain global harmony and avoid conflicts with international agreements like TRIPS.

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The Beginning Of The End To A Tax-Free Internet: Developing An E-Commerce Clause, Pamela Swidler Oct 2006

The Beginning Of The End To A Tax-Free Internet: Developing An E-Commerce Clause, Pamela Swidler

Cardozo Law Review

No abstract provided.

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Copyright And Incomplete Historiographies: Of Piracy, Propertization, And Thomas Jefferson, Justin Hughes Jul 2006

Copyright And Incomplete Historiographies: Of Piracy, Propertization, And Thomas Jefferson, Justin Hughes

Articles

Because we learn from history, we also try to teach from history. Persuasive discourse of all kinds is replete with historical examples – some true and applicable to the issue at hand, some one but not the other, and some neither. Beginning in the 1990s, intellectual property scholars began providing descriptive accounts of a tremendous strengthening of copyright laws, expressing the normative view that this trend needs to be arrested, if not reversed. This thoughtful body of scholarly literature is sometimes bolstered with historical claims – often casual comments about the way things were. The claims about history, legal or …

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Unnatural Rights: Hegel And Intellectual Property, Jeanne L. Schroeder Jul 2006

Unnatural Rights: Hegel And Intellectual Property, Jeanne L. Schroeder

Articles

The article challenges the common misconception that Hegel's legal philosophy supports the romantic view of intellectual property as an extension of personality or natural right. Instead, it argues that Hegel's framework, rooted in the concept of "abstract right," views property, including intellectual property, as a legal construct created to facilitate freedom and legal subjectivity. The analysis emphasizes the pragmatic and utilitarian aspects of adopting intellectual property regimes within a modern constitutional republic, while rejecting the notion of natural law and highlighting the realization of property rights through alienation and contract.

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Intellectual Property And The Development Divide, Margaret Chon Apr 2006

Intellectual Property And The Development Divide, Margaret Chon

Cardozo Law Review

No abstract provided.

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Hitchcock's "Rear Window" & International Copyright Law: An Examination Of Stewart V. Abend & Its Affect On International Copyright Renewal And Exploitation, Seth M. Goldstein Apr 2006

Hitchcock's "Rear Window" & International Copyright Law: An Examination Of Stewart V. Abend & Its Affect On International Copyright Renewal And Exploitation, Seth M. Goldstein

Cardozo Journal of International and Comparative Law

The article examines the implications of the U.S. Supreme Court case Stewart v. Abend on international copyright law, particularly regarding derivative works and renewal rights. It argues that adopting the ruling's principles internationally, through treaties like NAFTA and TRIPs, would promote consistency, fairness, and efficiency in global intellectual property markets. The analysis highlights the need for international bodies like the WTO and WIPO to clarify and harmonize copyright rules to avoid trade impediments and ensure proper compensation for rights holders.

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Addressing Questionable Business Method Patents Prior To Issuance: A Two-Part Proposal, Andrew Kopelman Mar 2006

Addressing Questionable Business Method Patents Prior To Issuance: A Two-Part Proposal, Andrew Kopelman

Cardozo Law Review

No abstract provided.

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Champagne, Feta, And Bourbon: The Spirited Debate About Geographical Indications, Justin Hughes Jan 2006

Champagne, Feta, And Bourbon: The Spirited Debate About Geographical Indications, Justin Hughes

Articles

Geographical Indications (GIs) are terms for foodstuffs that are associated with certain geographical areas. The law of GIs is currently in a state of flux. Legal protection for GIs mandated in the TRIPS Agreement is implemented through appellations law in France and through certification mark systems in the United States and Canada. This Article first examines the state of GIs throughout the world. The author then turns to the continuing debate between the European Union and other industrialized economies over this unique form of intellectual property. The European Union claims that increasing GI protection would aid developing countries, but, in …

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Reclaiming Copyright, Christina Bohannan Jan 2006

Reclaiming Copyright, Christina Bohannan

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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