Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Entertainment, Arts, and Sports Law (508)
- Privacy Law (9)
- Science and Technology Law (6)
- International Law (5)
- First Amendment (4)
-
- Common Law (3)
- Antitrust and Trade Regulation (2)
- Constitutional Law (2)
- Education Law (2)
- International Trade Law (2)
- Jurisprudence (2)
- Law and Economics (2)
- Litigation (2)
- State and Local Government Law (2)
- Civil Law (1)
- Communications Law (1)
- Consumer Protection Law (1)
- Health Law and Policy (1)
- Internet Law (1)
- Jurisdiction (1)
- Law and Gender (1)
- Law and Philosophy (1)
- Law and Society (1)
- Legal History (1)
- Legislation (1)
- Sexuality and the Law (1)
- Supreme Court of the United States (1)
- Torts (1)
- Keyword
-
- Copyright (108)
- Trademark (64)
- Patent (61)
- First Amendment (51)
- Internet (39)
-
- Sports (36)
- First amendment (34)
- Copyright law (29)
- Intellectual property (29)
- Fair use (26)
- Antitrust (24)
- Lanham Act (24)
- Privacy (23)
- Media (22)
- Free speech (21)
- Trademark law (18)
- Patent law (17)
- Patents (16)
- Constitution (14)
- Copyright infringement (14)
- TRIPS (14)
- Television (13)
- FCC (12)
- Infringement (12)
- NFL (12)
- Technology (12)
- Competition (11)
- DMCA (11)
- Defamation (11)
- WIPO (11)
- Publication Year
- File Type
Articles 151 - 180 of 823
Full-Text Articles in Intellectual Property Law
License To Bill: The Validity Of Coupling Automatic Subscription Renewals With Free Trial Offers By Online Services, Koren Grinshpoon
License To Bill: The Validity Of Coupling Automatic Subscription Renewals With Free Trial Offers By Online Services, Koren Grinshpoon
Fordham Intellectual Property, Media and Entertainment Law Journal
A prominent and expanding list of online services rely on a business model which pairs free trial offers with subsequent automatic subscription renewals (e.g., Amazon Prime, Blue Apron, etc.). Offering free trials to lure new users, while employing automatic renewal clauses in its terms of use to perpetuate recurring revenue, poses a substantial legal risk to online services. Numerous claims citing unfair and deceptive business practices are filed each year against such online services, primarily raising issues of informed consent, adequate disclosure, and notice. This Article reviews applicable federal law and regulations, as well as the applicable laws of all …
More Than An Academic Question: Defining Student Ownership Of Intellectual Property Rights, Kurt M. Saunders, Michael A. Lozano
More Than An Academic Question: Defining Student Ownership Of Intellectual Property Rights, Kurt M. Saunders, Michael A. Lozano
Fordham Intellectual Property, Media and Entertainment Law Journal
Intellectual property is increasingly important due to technology’s rapid development. The importance of intellectual property is also reflected within universities as traditional centers of research and expression, where students and faculty are encouraged to develop inventions and creative works throughout the educational experience. The commercialization potential of the intellectual property that emerges from these efforts has led many universities to adopt policies to determine ownership of intellectual property rights. Many of these policies take different approaches to ownership, and most students are unaware of their rights and are unlikely to consider whether the university has a claim to ownership. The …
Protecting The Mickey Mouse Ears: Moving Beyond Traditional Campaign-Style Enforcement Of Intellectual Property Rights In China, Adela Hurtado
Protecting The Mickey Mouse Ears: Moving Beyond Traditional Campaign-Style Enforcement Of Intellectual Property Rights In China, Adela Hurtado
Fordham Intellectual Property, Media and Entertainment Law Journal
Multinational corporations often struggle to protect their intellectual property rights in China. The Walt Disney Company, which has a long relationship with China, knows this all too well. In fact, counterfeit Mickey Mouse ears—along with numerous other Disney character goods—are now sold in plain sight at the new Shanghai Disneyland Resort. In an attempt to combat counterfeiting, companies such as Disney rely on a traditional method of enforcement of intellectual property rights: government campaigns. Campaigns are short periods of time during which multiple raids and government enforcement actions occur to crack down on counterfeiting. The irony of Disney’s situation is …
Finding The Barre: Fitting The Untried Territory Of Choreography Claims Into Existing Copyright Law, Kara Krakower
Finding The Barre: Fitting The Untried Territory Of Choreography Claims Into Existing Copyright Law, Kara Krakower
Fordham Intellectual Property, Media and Entertainment Law Journal
The American dance scene has been growing, both in popularity and profitability, since its inception in the early 1900s. After fighting for decades for Congress to include it in Copyright laws, the dance community saw “choreographic works” added as a protected medium in the Copyright Act of 1976. The Copyright Act does not define choreography, something this Note seeks to do. Since its enactment, very few choreographers have brought claims under the statute. This Note seeks to evaluate the standards that would apply in a potential choreography copyright infringement suit by following two hypotheticals through the determination and application of …
Public Fora Purpose: Analyzing Viewpoint Discrimination On The President’S Twitter Account, James M. Lopiano
Public Fora Purpose: Analyzing Viewpoint Discrimination On The President’S Twitter Account, James M. Lopiano
Fordham Intellectual Property, Media and Entertainment Law Journal
Today, protectable speech takes many forms in many spaces. This Note is about the spaces. This Note discusses whether President Donald J. Trump’s personal Twitter account functions as a public forum, and if so, whether blocking constituents from said account amounts to viewpoint discrimination—a First Amendment freedom of speech violation. Part I introduces the core legal devices and doctrines that have developed in freedom of speech jurisprudence relating to issues of public fora. Part II analyzes whether social media generally serves as public fora, whether the President’s personal Twitter account is a public forum, and whether his recent habit of …
Making The Ftc ☺: An Approach To Material Connections Disclosures In The Emoji Age, Christina Sauerborn
Making The Ftc ☺: An Approach To Material Connections Disclosures In The Emoji Age, Christina Sauerborn
Fordham Intellectual Property, Media and Entertainment Law Journal
In examining the rise of influencer marketing and emoji’s concurrent surge in popularity, it naturally follows that emoji should be incorporated into the FTC’s required disclosures for sponsored posts across social media platforms. While current disclosure methods the FTC recommends are easily jumbled or lost in other text, using emoji to disclose material connections would streamline disclosure requirements, leveraging an already-popular method of communication to better reach consumers. This Note proposes that the FTC adopts an emoji as a preferred method of disclosure for influencer marketing on social media. Part I discusses the rise of influencer marketing, the FTC and …
A Bridge Between Copyright And Patent Law: Towards A Modern-Day Reapplication Of The Semiconductor Chip Protection Act, Timothy T. Hsieh
A Bridge Between Copyright And Patent Law: Towards A Modern-Day Reapplication Of The Semiconductor Chip Protection Act, Timothy T. Hsieh
Fordham Intellectual Property, Media and Entertainment Law Journal
This Paper analyzes the history of the Semiconductor Chip Protection Act (SCPA), 17 U.S.C. §§ 901–914, and asks why the statute is so seldom used in intellectual property litigation. Afterwards, this Paper makes the argument that the SCPA should be used more in intellectual property litigation, perhaps in tandem with patent litigation, and can be a viable form of protection for semiconductor micro-fabrication companies or integrated circuit design companies engaged in pioneering innovations within the cutting-edge field of semiconductor technology.
Group Defamation, Power, And A New Test For Determining Plaintiff Eligibility, Jeffrey Greenwood
Group Defamation, Power, And A New Test For Determining Plaintiff Eligibility, Jeffrey Greenwood
Fordham Intellectual Property, Media and Entertainment Law Journal
In the fall of 2014, Rolling Stone Magazine published an article describing the rape of a woman at a University of Virginia fraternity house. The story turned out to be false, and members of the fraternity sued for defamation. The suit raises an interesting question: under what circumstances may anonymous individual members of the fraternity recover? This Note describes the case, related common and constitutional law, as well as differences in group defamation doctrine across jurisdictions. After detailing problems with the existing paradigm, the Note proposes a new method for performing the analysis.
Intellectual Property And The Prisoner’S Dilemma: A Game Theory Justification Of Copyrights, Patents, And Trade Secrets, Adam D. Moore
Intellectual Property And The Prisoner’S Dilemma: A Game Theory Justification Of Copyrights, Patents, And Trade Secrets, Adam D. Moore
Fordham Intellectual Property, Media and Entertainment Law Journal
In this article, I will offer an argument for the protection of intellectual property based on individual self-interest and prudence. In large part, this argument will parallel considerations that arise in a prisoner’s dilemma game. In brief, allowing content to be unprotected in terms of free access leads to a sub-optimal outcome where creation and innovation are suppressed. Adopting the institutions of copyright, patent, and trade secret is one way to avoid these sub-optimal results.
Tinker Meets The Cyberbully: A Federal Circuit Conflict Round-Up And Proposed New Standard For Off-Campus Speech, Benjamin A. Holden
Tinker Meets The Cyberbully: A Federal Circuit Conflict Round-Up And Proposed New Standard For Off-Campus Speech, Benjamin A. Holden
Fordham Intellectual Property, Media and Entertainment Law Journal
Tinker v. Des Moines Independent Community School District, the seminal school speech case interpreting the First Amendment to the U.S. Constitution, was decided by the U.S. Supreme Court long before mobile devices and social media upended accepted norms governing how students behave at school. The new reality has brought with it new line-drawing challenges for public schools faced with the warring requirements of school discipline on the one hand, and the First Amendment on the other. The threshold unanswered question this Article presents is whether Tinker should give jurisdiction to public schools over student speech which originates off campus. …
Let’S Play: A Walkthrough Of Quarter-Century-Old Copyright Precedent As Applied To Modern Video Games, Kyle Coogan
Let’S Play: A Walkthrough Of Quarter-Century-Old Copyright Precedent As Applied To Modern Video Games, Kyle Coogan
Fordham Intellectual Property, Media and Entertainment Law Journal
Looking to the copyright protection over the audiovisual displays of video games, current precedent—created by extensive litigation in the 1980s over early arcade games—may be a round hole into which the square peg of today’s highly complex video games would have difficulty fitting. This is an issue that has increasing importance as the market for the passive consumption of video game audiovisual displays through tournament streams, walk-throughs, etc., continues to balloon. If courts were to apply precedent from litigation in the 1980s to video games as they exist today, the idea that copyright protection automatically attaches to any and all …
Standing With A Bundle Of Sticks: The All Substantial Rights Doctrine In Action, Mark J. Abate, Christopher J. Morten
Standing With A Bundle Of Sticks: The All Substantial Rights Doctrine In Action, Mark J. Abate, Christopher J. Morten
Fordham Intellectual Property, Media and Entertainment Law Journal
This Article provides an overview of the Federal Circuit’s all substantial rights doctrine. Surveying decades of case law, this Article seeks to clarify this confusing area of the law and set out the essential rules for those engaged in patent licensing, patent assignment, and patent litigation. This Article begins by explaining why effective ownership of a patent is critical to standing, and then describes the framework through which courts determine whether a party is, in fact, in possession of all substantial rights and is therefore the effective owner. While there are many factors that courts may consider, certain rights take …
Watching Big Brother: A Citizen’S Right To Record Police, Vincent Nguyen
Watching Big Brother: A Citizen’S Right To Record Police, Vincent Nguyen
Fordham Intellectual Property, Media and Entertainment Law Journal
Due to growing technological advances and the ubiquity of mobile phones, it has become increasingly common for citizens to use these devices to photograph and record events. Though largely uncontroversial, when used to record public police activity, some citizens have been arrested and charged under state wiretapping r eavesdropping statutes. Over time, various circuit courts have held that this right to record public police actions is a protected activity. Most recently, however, the U.S. Court of Appeals for the Eighth Circuit affirmed a lower court decision, which held that this act of recording is unprotected, thereby exemplifying how circuit courts …
University Trademarks And “Mixed Speech” On College Campuses: A Case Study Of Gerlich V. Leath And Student Free Speech Rights, Nathan Converse
University Trademarks And “Mixed Speech” On College Campuses: A Case Study Of Gerlich V. Leath And Student Free Speech Rights, Nathan Converse
Fordham Intellectual Property, Media and Entertainment Law Journal
Higher education has long been a fundamental building block upon which American democracy is based. The guarantee of free speech is itself a revered liberty in the American polity; it has, in turn, served as the catalyst for higher education. Recent events on college campuses continue to reexamine universities’ role in their students’ education and push the legal boundaries on student speech rights. In many instances, however, students’ speech and expressive viewpoint conflicts with that of other students. Other times, students’ speech conflicts with the expressive interests of their university. This Article examines the latter instance in the context of …
Nonconsensual Pornography: An Old Crime Updates Its Software, Jillian Roffer
Nonconsensual Pornography: An Old Crime Updates Its Software, Jillian Roffer
Fordham Intellectual Property, Media and Entertainment Law Journal
This Note proposes a statute that considers social media and the Internet. The proposed statute is advantageous because it understands how perpetrators abuse social media and the Internet and implements the protections that victims deserve from the legal system. When society understands the harms and “[w]hen there is no outlet for these images, no audience for these images, and no desire to post these images, that is when the images will cease to cause harm to victims.” The lessons from the criminalization of other forms of gender abuse indicate that society needs to change its attitude toward crimes that predominately …
A Paper Shield? Whether State Privilege Protections Apply To Student Journalists, Jonathan Peters, Genelle Belmas, Piotr Bobkowski
A Paper Shield? Whether State Privilege Protections Apply To Student Journalists, Jonathan Peters, Genelle Belmas, Piotr Bobkowski
Fordham Intellectual Property, Media and Entertainment Law Journal
Most states recognize a privilege for journalists to protect confidential sources from compelled disclosure. The privilege varies from state to state, and a major difference is how they define a journalist—i.e., a person qualified to claim the privilege. Some schemes are narrow and limit their coverage to employees of professional news organizations. Others are broad and cover freelancers, filmmakers, bloggers, and others who gather information for publication. But what about student journalists? Are they covered? In recent years, as traditional media have adapted to changing circumstances, student journalists have played a vital role in meeting their communities’ needs for news. …
Toward A More Coherent Doctrine Of Trademark Genericism And Functionality: Focusing On Fair Competition, Sandra L. Rierson
Toward A More Coherent Doctrine Of Trademark Genericism And Functionality: Focusing On Fair Competition, Sandra L. Rierson
Fordham Intellectual Property, Media and Entertainment Law Journal
The doctrines of trademark genericism and functionality serve similar functions under the Lanham Act and the common law of unfair competition. Genericism, in the context of word marks, and functionality, for trade dress, bar trademark registration under the Lanham Act and, both under the Act and at common law, render a trademark unprotectable and invalid. In the word mark context, genericism stands for the proposition that certain parts of vocabulary cannot be cordoned off as trademarks; all competitors must be able to use words that consumers understand to identify the goods or services that they are selling. Functionality likewise demands …
Autonomy Challenges In The Age Of Big Data, Sofia Grafanaki
Autonomy Challenges In The Age Of Big Data, Sofia Grafanaki
Fordham Intellectual Property, Media and Entertainment Law Journal
This Article examines how technological advances in the field of “Big Data” challenge meaningful individual autonomy (and by extension democracy), are redefining the process of self-formation and the relationship between self and society, and can cause harm that cannot be addressed under current regulatory frameworks. Adopting a theory of autonomy that includes both the exploration process an individual goes through in order to develop authentic and independent desires that lead to his actions, as well as the independence of the actions and decisions themselves, this Article identifies three distinct categories of autonomy challenges that Big Data technologies present. The first …
The Billionaire’S Treasure Trove: A Call To Reform Private Art Museums And The Private Benefit Doctrine, E. Alex Kirk
The Billionaire’S Treasure Trove: A Call To Reform Private Art Museums And The Private Benefit Doctrine, E. Alex Kirk
Fordham Intellectual Property, Media and Entertainment Law Journal
Thanks to the new generation of billionaire art collectors, and the recent boom in the art market, a growing number of high-net-worth patrons are creating their own tax-exempt private art museums. These “jewel-box” museums provide invaluable public benefits, lead to growth and innovation in the private museum sector, and encourage donors to pursue more avant-gardes collecting strategies. This advantageous tax-saving strategy appeals to wealthy individuals, who wish to maintain control over their art collection, and still receive generous charitable income tax deductions. However, several private museums have recently come under fire due to private benefit concerns. To qualify for federal …
Tort Vision For The New Millenium: Strengthening News Industry Standards As A Defense Tool In Lawsuits Over Newsgathering Techniques, Michael W. Richards
Tort Vision For The New Millenium: Strengthening News Industry Standards As A Defense Tool In Lawsuits Over Newsgathering Techniques, Michael W. Richards
Fordham Intellectual Property, Media and Entertainment Law Journal
“A Generation of Vipers,” proclaimed the cover story in The Columbia Journalism Review, as the nation’s most esteemed voice of media criticism evaluated the journalistic landscape of the mid- 1990s. The healthy skepticism that prompts journalism professors to instruct: “if your mother says she loves you, get a second source,” has been replaced by wholesale cynicism, suggests this critique. “It’s worth noting that, in several dozen interviews, no journalist reported becoming less cynical over a lifetime of reporting.” If cynicism has infected contemporary journalists, then it ap- pears the public has responded with cynicism of its own— apparently viewing the …
Biovail V. Hoechst Aktiengesellschaf, Inc: An Analysis Under The Sherman Act And The Noerr-Pennington Doctrine, John F. Resek Ph.D.
Biovail V. Hoechst Aktiengesellschaf, Inc: An Analysis Under The Sherman Act And The Noerr-Pennington Doctrine, John F. Resek Ph.D.
Fordham Intellectual Property, Media and Entertainment Law Journal
The Hatch-Waxman Act of 1984 regulates approval by the Food and Drug Administration (“FDA”) of generic counterparts to patented drugs. In a series of recent cases, large pharmaceutical companies have been accused of exploiting Hatch-Waxman in violation of the antitrust laws. In essence, the allegations are concerned with the large pharmaceutical companies that have paid manufacturers not to market inexpensive generic versions of patented drugs, thereby restraining trade and maintaining a monopoly. In the case of Biovail v. Hoechst Aktiengesellschaf, Inc., the generic drug manufacturer, Biovail, sued Hoechst Aktiengesellschaf (“Hoechst”), a pharmaceutical company, for antitrust violations resulting from Biovail’s effort …
The Nba’S Deal With The Devil: The Antitrust Implications Of The 1999 Nba-Nbpa Collective Bargaining Agreement, Dan Messeloff
The Nba’S Deal With The Devil: The Antitrust Implications Of The 1999 Nba-Nbpa Collective Bargaining Agreement, Dan Messeloff
Fordham Intellectual Property, Media and Entertainment Law Journal
A frigid dawn had not yet begun to rise when a group of weary negotiators concluded an eleven-hour, eleventh-hour meeting high above the streets of midtown Manhattan. At 7:00 p.m. on January 6, 1999, six men gathered to decide the fate of what had become, essentially over the course of the previous decade, an immensely successful element of American popular culture – professional basketball. At approximately 5:30 a.m. on January 7, 1999, an agreement was finally reached between the representatives of the National Basketball Association (“the NBA” or “the league”) and of the National Basketball Players’ Association (“the NBPA” or …
Rio Grande: The Mp3 Showdown At Highnoon In Cyberspace, Paul Veravanich
Rio Grande: The Mp3 Showdown At Highnoon In Cyberspace, Paul Veravanich
Fordham Intellectual Property, Media and Entertainment Law Journal
As the new millennium dawns, a battle is shaping up in cyber- space that may redefine the manner in which many people obtain copies of their favorite music. In one corner stands the record and music industry, seeking to protect their current distribution channels and to control the dissemination of their intellectual property over the Internet. In the other corner, a group consisting of Inter- net mavens, some musical artists, including acts ranging from in- dependent bands to well-established headliners, and the ever present cyberpirates, stand ready to exploit the Internet as a means to quickly and cheaply distribute and …
The Rational Basis Of Trademark Protection Revisited: Putting The Dilution Doctrine Into Context, Mathias Strasser
The Rational Basis Of Trademark Protection Revisited: Putting The Dilution Doctrine Into Context, Mathias Strasser
Fordham Intellectual Property, Media and Entertainment Law Journal
The adoption of the Federal Trademark Dilution Act (the “FTDA”) in 1995, which incorporated a federal dilution clause into the Lanham Act, was preceded by a great deal of debate. The question lying at the heart of the discussion was whether the dilution doctrine is consistent with sound trademark policy or whether the far-reaching entitlements that the FTDA affords the owners of famous marks have instead created “dilution” of a kind that Congress may not have envisaged: a blurring of the conceptual boundaries of trademark law. It turns out that this question has important implications on a number of trademark …
Trademark Practice In A Dynamic Economy: More Deals, More Laws, More Resources Than Ever For The Trademark Practitioner, Jill C. Greenwald, Richard Buchband, Brian S. Mudge, Susan Douglass
Trademark Practice In A Dynamic Economy: More Deals, More Laws, More Resources Than Ever For The Trademark Practitioner, Jill C. Greenwald, Richard Buchband, Brian S. Mudge, Susan Douglass
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Inter Partes Patent Reexamination Essay, Mark D. Janis
Inter Partes Patent Reexamination Essay, Mark D. Janis
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Ieee-Sa Revised Patent Policy And Its Definition Of “Reasonable” Rates: A Transatlantic Antitrust Divide?, Nicolas Petit
The Ieee-Sa Revised Patent Policy And Its Definition Of “Reasonable” Rates: A Transatlantic Antitrust Divide?, Nicolas Petit
Fordham Intellectual Property, Media and Entertainment Law Journal
The Institute of Electrical and Electronics Engineers Standards Association’s (“IEEE-SA”) updated patent policy and a business review letter issued by the United States Department of Justice (“DOJ”) have caused much discussion in the United States. The purpose of this Article is to assess whether a similarly lenient antitrust approach to Standard Setting Organizations’ (“SSOs”) rate-setting policies would prevail under the European Union’s (“EU”) competition rules. Recent EU competition case law has promoted a very hard line in the area of coordinated conduct. Cases such as Dole Food Company, Inc. v. European Commission, T-Mobile Netherlands BV v. Raad van bestuur van …
The Time Is Now: Why The United States Should Adopt The British Model Of Sports Betting Legislation, Zach Schreiber
The Time Is Now: Why The United States Should Adopt The British Model Of Sports Betting Legislation, Zach Schreiber
Fordham Intellectual Property, Media and Entertainment Law Journal
Gambling has been the subject of controversy since its inception. While some claim that it is a “gentleman’s game” and a means of social entertainment, others argue that it is a sinful endeavor that enables corruption, scandal, and addiction. Today, there are several different types of gambling that occur in the United States—all with varying degrees of legality and regulation. For example, betting on horse racing is legal throughout the United States, and state-sanctioned lotteries are present in forty-four of fifty states.3 Commercial casinos, like those in Las Vegas and Atlantic City, are regulated on a state-by-state basis, and gambling …
Liar! Liar? The Defamatory Impact Of “Liar” In The Modern World, Roy S. Gutterman
Liar! Liar? The Defamatory Impact Of “Liar” In The Modern World, Roy S. Gutterman
Fordham Intellectual Property, Media and Entertainment Law Journal
Calling someone a liar is an age-old epithet. Depending on the context, calling someone a liar could be defamatory, causing harm to a reputation. But, more often than not, calling someone a liar may be simply an expression of opinion. In some settings, litigation surrounding the publication also implicates the First Amendment. In recent years, several courts have weighed in on this issue, some with conflicting outcomes. This Article examines whether accusations of dishonesty or lying in a modern media world has a defamatory impact.
The Split On The Rogers V. Grimaldi Gridiron: An Analysis Of Unauthorized Trademark Use In Artistic Mediums, Anthony Zangrillo
The Split On The Rogers V. Grimaldi Gridiron: An Analysis Of Unauthorized Trademark Use In Artistic Mediums, Anthony Zangrillo
Fordham Intellectual Property, Media and Entertainment Law Journal
Movies, television programs, and video games often exploit trademarks within their content. In particular, various media often attempt to use the logos of professional sports teams within artistic works. Courts have utilized different methods to balance the constitutional protections of the First Amendment with the property interests granted to the owner of a trademark. This Note discusses these methods, which include the alternative avenues approach, the likelihood of confusion test, and the right of publicity analysis. Ultimately, many courts utilize the framework presented in the seminal Rogers v. Grimaldi decision. This test analyzes the artistic relevance of the trademark’s use …