Open Access. Powered by Scholars. Published by Universities.®

Intellectual Property Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Yeshiva University, Cardozo School of Law

Discipline
Keyword
Publication Year
Publication
Publication Type

Articles 661 - 690 of 984

Full-Text Articles in Intellectual Property Law

Intellectualizing Property: The Tenuous Connections Between Land And Copyright, Stewart E. Sterk Jan 2005

Intellectualizing Property: The Tenuous Connections Between Land And Copyright, Stewart E. Sterk

Articles

Increased use of the intellectual property label to describe copyright and related areas of law has spawned analogies to the protections afforded real property. These analogies ignore significant differences between the foundations that undergird real and intellectual property rights. In particular, real property rights operate to avoid breaches of the peace and tragedies of the commons - problems that do not arise with intellectual works - while copyright and other intellectual property rights are designed to provide an incentive to create, an incentive irrelevant when land is at issue. These disparities in justification caution against routine importation of real property …

Go to article

Doubtful Sex In Civil Law: Nineteenth And Early Twentieth Century Proposals For Ruling Hermaphroditism, Geertje Mak Jan 2005

Doubtful Sex In Civil Law: Nineteenth And Early Twentieth Century Proposals For Ruling Hermaphroditism, Geertje Mak

Cardozo Journal of Equal Rights & Social Justice

The article examines 19th and early 20th-century proposals in France and Germany to introduce a "doubtful sex" category in civil law to address hermaphroditism. While French scholars focused on moral and social order, Germans emphasized humanitarian concerns, ultimately leading to increased medical control over sex determination.

Go to article

Not Playing Around: The Chilling Power Of The Federal Trademark Dilution Act Of 1995, Julie Zando-Dennis Jan 2005

Not Playing Around: The Chilling Power Of The Federal Trademark Dilution Act Of 1995, Julie Zando-Dennis

Cardozo Journal of Equal Rights & Social Justice

The Federal Trademark Dilution Act of 1995 (FTDA) has become a powerful tool for corporations to suppress criticism and parody, undermining free speech by allowing broad claims of trademark dilution without requiring proof of consumer confusion. The note argues that the FTDA’s provisions against dilution, including blurring and tarnishment, disproportionately favor corporate interests over First Amendment rights, particularly in cases involving parody and satire. Courts have inconsistently applied the law, with some circuits offering protections for parody while others prioritize trademark protection, creating uncertainty and chilling artistic and activist expression. The note advocates for reform to balance trademark rights with …

Go to article

A Quick And Inexpensive System For Resolving Peer-To-Peer Copyright Disputes, Mark A. Lemley, R. Anthony Reese Jan 2005

A Quick And Inexpensive System For Resolving Peer-To-Peer Copyright Disputes, Mark A. Lemley, R. Anthony Reese

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Go to article

Title Blanding: How The Lanham Act Strips Artistic Expression From Song Titles, Lisa Tomiko Blackburn Jan 2005

Title Blanding: How The Lanham Act Strips Artistic Expression From Song Titles, Lisa Tomiko Blackburn

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Go to article

What Is A Copy?, Jeffrey Malkan Jan 2005

What Is A Copy?, Jeffrey Malkan

Cardozo Arts & Entertainment Law Journal

Copyright law encourages artistic and literary expression by policing copying and embracing the value of originality. To some degree, however, originality comes into focus only through the lens of copying, its unacknowledged, dark twin. The questions I ask in this inquiy are both "what" and "why "? What is the difference between a work and a copy? If there is a difference, why is the copy less worthy than the original? In my consideration of these questions, I draw upon a body of theory that attempts to explain the unequal status conferred by the art world on perceptually indiscernible objects-authentic …

Go to article

Rewriting Fair Use And The Future Of Copyright Reform, Michael J. Madison Jan 2005

Rewriting Fair Use And The Future Of Copyright Reform, Michael J. Madison

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Go to article

Whose Idea Is It Anyway? Protecting Idea Purveyors And Media Producers After Grosso V. Miramax, Aileen Brophy Jan 2005

Whose Idea Is It Anyway? Protecting Idea Purveyors And Media Producers After Grosso V. Miramax, Aileen Brophy

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Go to article

Trend Forecast: Imitation Is A Legal Form Of Flattery-Louis Vuitton Malletier V. Dooney & Bourke, Inc., Sarah J. Kaufman Jan 2005

Trend Forecast: Imitation Is A Legal Form Of Flattery-Louis Vuitton Malletier V. Dooney & Bourke, Inc., Sarah J. Kaufman

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Go to article

Too Famous For The Right Of Publicity: Etw Corp. And The Trend Towards Diminished Protection For Top Celebrities, Michael Sloan Jan 2005

Too Famous For The Right Of Publicity: Etw Corp. And The Trend Towards Diminished Protection For Top Celebrities, Michael Sloan

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Go to article

On The Logic Of Suing One's Customers And The Dilemma Of Infringement-Based Business Models, Justin Hughes Jan 2005

On The Logic Of Suing One's Customers And The Dilemma Of Infringement-Based Business Models, Justin Hughes

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Go to article

The Supremacy Of Soundexchange: Federal Preemption Of State Escheat Laws, Marc Shaw Jan 2005

The Supremacy Of Soundexchange: Federal Preemption Of State Escheat Laws, Marc Shaw

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Go to article

Digital First Sale: Friend Or Foe?, Eurie Hayes Smith Iv Jan 2005

Digital First Sale: Friend Or Foe?, Eurie Hayes Smith Iv

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Go to article

Where Have All The Royalties Gone? Emerging Technologies And The Lack Of Equitable Mechanical Royalties, Cole Sternberg Jan 2005

Where Have All The Royalties Gone? Emerging Technologies And The Lack Of Equitable Mechanical Royalties, Cole Sternberg

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Go to article

Publicity Rights As Property Rights, David Westfall, David Landau Jan 2005

Publicity Rights As Property Rights, David Westfall, David Landau

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Go to article

When You Wish Upon Dastar: Creative Provenance And The Lanham Act, Mary Lafrance Jan 2005

When You Wish Upon Dastar: Creative Provenance And The Lanham Act, Mary Lafrance

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Go to article

A Comment: Riaa V. Verizon And How The Dmca Subpoena Power Became Powerless, Katherine Raynolds Jan 2005

A Comment: Riaa V. Verizon And How The Dmca Subpoena Power Became Powerless, Katherine Raynolds

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Go to article

The System Of Syllogism, Richard Dien Winfield Dec 2004

The System Of Syllogism, Richard Dien Winfield

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

Go to article

Satirical Legal Studies: From The Legists To The Lizard, Peter Goodrich Dec 2004

Satirical Legal Studies: From The Legists To The Lizard, Peter Goodrich

Articles

Satirical legal studies utilize humor and ridicule to critique the pretensions and follies of the legal profession and academia, transcending traditional boundaries and challenging established hierarchies. By blending satire with legal critique, this genre exposes the social and political dimensions of law, advocating for inclusivity and radical change. Despite facing backlash, satire remains a vital tool in legal discourse, offering fresh perspectives and engaging forms that keep legal studies dynamic and relevant.

Go to article

The Types Of Universals And The Forms Of Judgment, Richard Dien Winfield Dec 2004

The Types Of Universals And The Forms Of Judgment, Richard Dien Winfield

Cardozo Public Law, Policy & Ethics Journal

The article argues that the forms of judgment are central to objective thought and knowledge, critiquing Kant for failing to account for their diversity and proposing a systematic approach to understanding judgment starting from the concept itself. It explores Hegel's differentiation of judgment forms through self-development, emphasizing the necessity of understanding universals and their interrelations.

Go to article

The Prosecution Of Cybergripers Under The Lanham Act, Blossom Lefcourt Dec 2004

The Prosecution Of Cybergripers Under The Lanham Act, Blossom Lefcourt

Cardozo Public Law, Policy & Ethics Journal

The note explores the legal implications of cybergripping under the Lanham Act, emphasizing the need to balance trademark protection with free speech. It critiques the inconsistent application of the commercial-noncommercial distinction in determining the legality of unauthorized trademark use and advocates for adopting the Central Hudson test to reconcile these competing interests.

Go to article

The Voice Of China: A Story Of Chinese-Character Domain Names, Hong Xue Oct 2004

The Voice Of China: A Story Of Chinese-Character Domain Names, Hong Xue

Cardozo Journal of International and Comparative Law

The article examines China's efforts to manage and regulate domain names, particularly Chinese character domain names, both domestically and internationally. It highlights the evolution of China's regulatory framework, from academic management to governmental oversight, and its active participation in international policymaking through organizations like ICANN. The core argument revolves around the technical, policy, and sovereignty challenges China faces in integrating its domain name system into the global Internet infrastructure while maintaining national control and promoting inclusivity.

Go to article

The Origins Of Cctld Policymaking, Peter K. Yu Oct 2004

The Origins Of Cctld Policymaking, Peter K. Yu

Cardozo Journal of International and Comparative Law

The article explores the evolution of country-code top-level domain (ccTLD) policymaking, tracing its transition from an informal, ad hoc system managed by individuals like Jon Postel to a formalized, international governance structure under the Internet Corporation for Assigned Names and Numbers (ICANN). It highlights the power struggles between various stakeholders, including national governments, ICANN, and the Internet Assigned Numbers Authority (IANA), and discusses the implications for global internet governance.

Go to article

The Icann Experiment, Susan P. Crawford Oct 2004

The Icann Experiment, Susan P. Crawford

Cardozo Journal of International and Comparative Law

The article argues that the Internet Corporation for Assigned Names and Numbers (ICANN) derives its legitimacy primarily through a consensus-based governance model, rather than democratic or Administrative Procedure Act (APA)-style frameworks. While ICANN’s consensus model is imperfect and faces challenges such as holdouts and centralized decision-making tendencies, it remains the most viable approach for ensuring accountability, transparency, and global acceptance in internet governance. The article emphasizes that ICANN’s legitimacy depends on demonstrated consensus, as seen in its history, particularly in the development of the Uniform Dispute Resolution Policy (UDRP). It warns that shifting away from consensus toward centralized decision-making risks …

Go to article

Theories Of Cyber-Sociology: Communicating Culture Through Codes, Erica Schlesinger Wass Oct 2004

Theories Of Cyber-Sociology: Communicating Culture Through Codes, Erica Schlesinger Wass

Cardozo Journal of International and Comparative Law

The article explores the cultural and social significance of country code top-level domains (ccTLDs), arguing that they extend beyond technical identifiers to reflect national identity, values, and priorities. By examining the history, structure, and policies of ccTLDs, the author illustrates how these domains serve as tools for communication, cultural expression, and social change, influenced by a nation's unique history and societal norms.

Go to article

Escaping The Indirect Profits Loophole: Finding The Elusive Causal Link In The Case Of Knowing Copyright Infringement, Avi Israeli Aug 2004

Escaping The Indirect Profits Loophole: Finding The Elusive Causal Link In The Case Of Knowing Copyright Infringement, Avi Israeli

Cardozo Law Review

No abstract provided.

Go to article

Quid Pro Whoa!: An Exponential Fee Structure For Patent Applications, Peter L. Giunta Aug 2004

Quid Pro Whoa!: An Exponential Fee Structure For Patent Applications, Peter L. Giunta

Cardozo Law Review

No abstract provided.

Go to article

China's Protection Of Famous And Well-Known Marks: The Impact Of China's Latest Trademark Law Reform On Infringement And Remedies, Alisa Cahan Jul 2004

China's Protection Of Famous And Well-Known Marks: The Impact Of China's Latest Trademark Law Reform On Infringement And Remedies, Alisa Cahan

Cardozo Journal of International and Comparative Law

The note examines China's efforts to enhance the protection of famous and well-known trademarks, particularly in light of its accession to the World Trade Organization (WTO) and its obligations under the TRIPs Agreement. It highlights the challenges China faces in aligning its trademark laws with international standards, including inconsistent enforcement, cultural attitudes toward intellectual property, and the impact of regional protectionism. Despite legislative reforms, such as the 2002 amendments to the Trademark Law and the Implementing Regulations, enforcement remains uneven, affecting both domestic and foreign trademark owners.

Go to article

Global Intellectual Property Protection As Viewed Through The European Community's Treatment Of Geographical Indications: What Lessons Can Trips Learn?, Jacqueline Nanci Land Apr 2004

Global Intellectual Property Protection As Viewed Through The European Community's Treatment Of Geographical Indications: What Lessons Can Trips Learn?, Jacqueline Nanci Land

Cardozo Journal of International and Comparative Law

The note examines the European Community's (EC) approach to geographical indications (GIs) and its implications for the TRIPS Agreement, highlighting the EC as a potential model for harmonizing intellectual property (IP) laws globally. It argues that while TRIPS has made significant strides in creating an international IP framework, challenges such as differing national priorities and the influence of industrialized nations hinder full harmonization. The EC's integrated system, particularly its handling of GIs, offers valuable lessons for addressing these challenges and achieving more effective global IP protection.

Go to article

Will The European Union Prove To Be Lactose Intolerant? The European Union's Attempt To Strike A Delicate Balance Between Protecting Appellation Of Origin For Cheese And The Promotion Of Free Movement Of Goods Between Member States, Danielle B. Shalov Apr 2004

Will The European Union Prove To Be Lactose Intolerant? The European Union's Attempt To Strike A Delicate Balance Between Protecting Appellation Of Origin For Cheese And The Promotion Of Free Movement Of Goods Between Member States, Danielle B. Shalov

Cardozo Journal of International and Comparative Law

The note examines the tension within the European Union between protecting traditional cheese-making methods through designations of origin and ensuring the free movement of goods. It highlights how the EU has navigated this balance through regulations and judicial decisions, ultimately favoring free trade while attempting to preserve cultural and geographical heritage tied to food production.

Go to article

First Prev Next Last