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Articles 241 - 270 of 823
Full-Text Articles in Intellectual Property Law
A Taxonomy Of Borrowing, Jacqueline D. Lipton Ph.D.
A Taxonomy Of Borrowing, Jacqueline D. Lipton Ph.D.
Fordham Intellectual Property, Media and Entertainment Law Journal
While copyright infringement is a legal wrong, plagiarism is a breach of academic and market practices. However, few authors of literary works truly understand the difference between the two. Copyright law seeks to protect economic interests in an underlying work, while plagiarism—and in countries where moral rights are robust, associated legal rights—protect the integrity of the work and the author’s claim to the work. The digital age has refocused attention on the kinds of claims an author or copyright holder might make with respect to unauthorized uses of a literary work. The ease with which a digital work may be …
Is There A Patent Troll Problem In The U.K.?, Christian Helmers, Brian J. Love, Luke Mcdonagh
Is There A Patent Troll Problem In The U.K.?, Christian Helmers, Brian J. Love, Luke Mcdonagh
Fordham Intellectual Property, Media and Entertainment Law Journal
This paper reports the findings of an empirical study of patent suits involving non-practicing entities (NPEs) in the U.K. between 2000 and 2010. Overall, we find that NPEs are responsible for 11% of all patent suits filed in the U.K. during this period. Though this is a small percentage by U.S. standards, our study suggests that patent trolling might not be as uniquely American as conventional wisdom suggests. We also find little support for many common explanations for Europe’s relative scarcity of NPE activity. For example, we find that NPEs litigating in the U.K. overwhelmingly assert high-tech patents – even …
Issues And Best Practices In Connection With Educational Resources And Other Materials In The “Cloud”, Michael Landau, Donna K. Lewis
Issues And Best Practices In Connection With Educational Resources And Other Materials In The “Cloud”, Michael Landau, Donna K. Lewis
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Step-Plus-Function Claims: An Analysis Of Federal Circuit Law, Kyle O. Logan
Step-Plus-Function Claims: An Analysis Of Federal Circuit Law, Kyle O. Logan
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Hacking The Planet, The Dalai Lama, And You: Managing Technical Vulnerabilities In The Internet Through Polycentric Governance, Amanda Craig, Scott Shackelford
Hacking The Planet, The Dalai Lama, And You: Managing Technical Vulnerabilities In The Internet Through Polycentric Governance, Amanda Craig, Scott Shackelford
Fordham Intellectual Property, Media and Entertainment Law Journal
This Article analyzes key vulnerabilities in the Internet's infrastructure, protocols, and code, and how they may be better managed through interventions at multiple levels. In particular, this Article examines the concept of polycentric governance and its applicability to technical vulnerabilities in the Internet. This theory has been championed by proponents such as Nobel Laureate Elinor Ostrom and promotes self-organization and networking regulations at multiple levels to address an array of global issues, from urban crime, to climate change and cyber attacks. However, there has not yet been a consideration of the applicability of this framework to technical Internet vulnerabilities explicitly, …
The Role Of Stare Decisis At The U.S. International Trade Commission, Justin Hendrix, P. Andrew Riley, Christine Lehman
The Role Of Stare Decisis At The U.S. International Trade Commission, Justin Hendrix, P. Andrew Riley, Christine Lehman
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Protecting Cultural Heritage By Strictly Scrutinizing Museum Acquisitions, Leila Alexandra Amineddoleh
Protecting Cultural Heritage By Strictly Scrutinizing Museum Acquisitions, Leila Alexandra Amineddoleh
Fordham Intellectual Property, Media and Entertainment Law Journal
There are many ways to protect cultural heritage as a valuable commodity. Although heightened security measures and extensive surveillance methods can deter theft, a more effective means for reducing theft is the elimination of the demand for black market art items. Trade in unprovenanced antiquities is a demand-driven crime; the market for illegal or undocumented items is driven by buyers’ wants. The most effective method of protection for cultural heritage is to eliminate the demand for black market for these precious objects, thereby reducing the market, a method known as the “market reduction approach.” There is a well-documented link between …
Faith And Martyrdom: The Tragedy Of Aaron Swartz, Austin C. Murnane
Faith And Martyrdom: The Tragedy Of Aaron Swartz, Austin C. Murnane
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
“Sharing” With The Court: The Discoverability Of Private Social Media Accounts In Civil Litigation, Zoe Rosenthal
“Sharing” With The Court: The Discoverability Of Private Social Media Accounts In Civil Litigation, Zoe Rosenthal
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Need To Reform In Pharmaceutical Protection: The Inapplicability Of The Patent System To The Pharmaceutical Industry And The Recommendation Of A Shift Towards Regulatory Exclusivities, Amanda Fachler
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Unreasonable Access: Disguised Issue Advocacy And The First Amendment Status Of Broadcasters, Kerry L. Monroe
Unreasonable Access: Disguised Issue Advocacy And The First Amendment Status Of Broadcasters, Kerry L. Monroe
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Replicator And The First Amendment, Kyle Langvardt
The Replicator And The First Amendment, Kyle Langvardt
Fordham Intellectual Property, Media and Entertainment Law Journal
As 3D printing technology improves, the theoretical endpoint comes into view: a machine that, like the “replicators” of Star Trek, can produce anything the user asks for out of thin air from a digital blueprint. Real-life technology may never reach that endpoint, but our progress toward it has accelerated sharply over the past few years—sharply enough, indeed, for legal scholars to weigh in on the phenomenon’s disruptive potential in areas ranging from intellectual property to gun rights. This Article is concerned with the First Amendment status of the digital blueprints. As of August 2014, it is the first law review …
Does Cariou V. Prince Represent The Apogee Or Burn-Out Of Transformativeness In Fair Use Jurisprudence? A Plea For A Neo-Traditional Approach, Kim J. Landsman
Does Cariou V. Prince Represent The Apogee Or Burn-Out Of Transformativeness In Fair Use Jurisprudence? A Plea For A Neo-Traditional Approach, Kim J. Landsman
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Quiet On Set! We Have A Trademark To Sell, Brittany Robbins
Quiet On Set! We Have A Trademark To Sell, Brittany Robbins
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Funding Era Free Speech Theory: Applying Traditional Speech Protection To The Regulation Of Anonymous Cyberspace, Katherine Mccabe
Funding Era Free Speech Theory: Applying Traditional Speech Protection To The Regulation Of Anonymous Cyberspace, Katherine Mccabe
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
“You Never Got Me Down, Delay”: Petrella V. Metro-Goldwyn-Mayer, Inc. And The Availability Of Laches In Copyright Infringement Claims Brought Within The Statute Of Limitations, Daniel Sheerin
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
A Real Separation Of Powers Or Separation Of Law: Can An Article I Administrative Agency Nullify An Article Iii Federal Court Judgment?, Shashank Upadhye, Adam Sussman
A Real Separation Of Powers Or Separation Of Law: Can An Article I Administrative Agency Nullify An Article Iii Federal Court Judgment?, Shashank Upadhye, Adam Sussman
Fordham Intellectual Property, Media and Entertainment Law Journal
This Article concerns whether and how Article I administrative agencies can overturn the final judgment of an Article III federal court. The Article identifies if there really is a constitutional crisis afoot because of a violation of the separation of powers doctrine. It also addresses the concern that the federal court is the final arbiter of a legal dispute and that neither Congress nor an agency can step in to undo that which the federal court has done. The Article focuses on the newly enacted America Invents Act and the current use of administrative agency proceeding to reexamine issued patents …
Fame, Property & Identity: The Purpose And Scope Of The Right Of Publicity, Daniel Gervais, Martin L. Holmes
Fame, Property & Identity: The Purpose And Scope Of The Right Of Publicity, Daniel Gervais, Martin L. Holmes
Fordham Intellectual Property, Media and Entertainment Law Journal
This Article examines the overlaps between the right of publicity and rights granted by trademark law and other deception-based restrictions on the use of names and symbols. It shows that the right of publicity creates a more expansive right rooted in a variegated normative soil with elements of privacy, personhood, and property. The Article suggests a proper scope for the right of publicity that protects free speech. The issue of descendibility is also discussed.
Appropriation And Transformation, Darren Hudson Hick
Appropriation And Transformation, Darren Hudson Hick
Fordham Intellectual Property, Media and Entertainment Law Journal
The recent decision in Cariou v. Prince has reinvigorated a pressing issue for the contemporary movement of appropriation art: how can art which is defined by its taking from other artworks hope to survive in the world of copyright? In this article, I consider the legal history leading to the Cariou case, including a series of suits brought against appropriation artist Jeff Koons, as well as strategies proposed by several theorists for accommodating appropriation art within the law. Unfortunately, largely due to vagaries of the law and the misunderstood nature of appropriation art, the matter remains unresolved. I argue that, …
Signs And Portents In Cyberspace: The Rise Of Jus Internet As New Order In International Law, Roy Balleste, Joanna Kulesza
Signs And Portents In Cyberspace: The Rise Of Jus Internet As New Order In International Law, Roy Balleste, Joanna Kulesza
Fordham Intellectual Property, Media and Entertainment Law Journal
Today, having sufficient access to the Internet's information has arguably become a prerequisite for the enjoyment of human life. The Internet has become a center for human literacy and has the potential to offer numerous kinds of instruction at lower costs and with higher quality than previous media could offer. This Article will argue that the concept of a "cybered Westphalian age," as a cure to all threats in the Internet, has the potential to do more harm than good. The international community is now faced with a possible policy shift from the current state of the Internet, which is …
Navigating Unfamiliar Terrain: Reconciling Conflicting Impressions Of China’S Intellectual Property Regime In An Effort To Aid Foreign Right Holders, Matthew A. Marcucci
Navigating Unfamiliar Terrain: Reconciling Conflicting Impressions Of China’S Intellectual Property Regime In An Effort To Aid Foreign Right Holders, Matthew A. Marcucci
Fordham Intellectual Property, Media and Entertainment Law Journal
While imperial China was a notably inventive place, formal intellectual property protections analogous to those in the West failed to emerge there of their own accord. The deep influence of Confucianism on imperial Chinese society brought about a culture that subordinated individual desires to group harmony and perceived original creations as products not of individual people but of the society to which they belonged. Moreover, Confucianism's influence on education and literature rendered verbatim copying not merely an accepted practice but a fundamental aspect of scholarship. Buddhism's close connection to the emergence of printing in China also served to delay by …
The Supreme Court And Patents: Moving Toward A Postmodern Vision “Progress”?, Simone A. Rose
The Supreme Court And Patents: Moving Toward A Postmodern Vision “Progress”?, Simone A. Rose
Fordham Intellectual Property, Media and Entertainment Law Journal
This paper challenges the traditional “modernist” view that incentive-centered patent protection is essential to meet the constitutional mandate of providing exclusive rights for limited times to inventors in order to “promote progress of the useful Arts.” For a modernist society, industrial/economic growth is one of the key dimensions for measuring forward-moving progress. As modernists, we advocate that a robust exclusive rights scheme for inventors is necessary to incentivize research anddevelopment, which in turn stimulates economic growth and promotes progress. This is currently the “grand narrative” of patent law. Applying this narrative, Congress, the Patent and Trademark Office (PTO), and the …
Reexamining Two Pesos, Qualitex, & Wal-Mart: A Different Approach…Or Perhaps Just Old Abercrombie Wine In A New Bottle?, Russ Versteeg
Reexamining Two Pesos, Qualitex, & Wal-Mart: A Different Approach…Or Perhaps Just Old Abercrombie Wine In A New Bottle?, Russ Versteeg
Fordham Intellectual Property, Media and Entertainment Law Journal
In Wal-Mart Stores, Inc. v. Samara Bros., Inc., 529 U.S. 205 (2000), the United States Supreme Court held that, in order for a product design to be protectable under § 43(a) of the Lanham Act, the product design must first acquire a secondary meaning. Writing for the Court, Justice Scalia, reasoned that consumers, as a rule, do not expect a product’s design to serve as an indicator of source. The Court stated that product designs, like colors, do not ordinarily operate as source indicators, and that is why the Court established its rule that a product design must acquire a …
The Need For Patent-Centric Standard Of Antitrust Review To Evaluate Reverse Payment Settlements, Tania Khatibifar
The Need For Patent-Centric Standard Of Antitrust Review To Evaluate Reverse Payment Settlements, Tania Khatibifar
Fordham Intellectual Property, Media and Entertainment Law Journal
Reverse payment settlements have ignited a firestorm debate among all affected parties: consumer groups, brand-name pharmaceutical companies, generic manufacturers, pharmaceutical wholesalers and retailers, lawmakers, executive agencies, and the federal courts. The Federal Trade Commission (“FTC”) has waged a decade-long battle against such private settlements of pharmaceutical patent litigation as illegal market-sharing agreements, with skirmishes among the circuits trending in favor of the settling parties until recently. The Third Circuit’s recent decision in In re K-Dur Antitrust Litigation unsettled this trend, and the Supreme Court granted the FTC’s petition for a writ of certiorari in a separate case on the issue …
Shutting Down The Turbine: How The News Industry And News Aggregators Can Coexist In A Post-Barclays V. Theflyonthewall.Com World, Nicole Marimon
Shutting Down The Turbine: How The News Industry And News Aggregators Can Coexist In A Post-Barclays V. Theflyonthewall.Com World, Nicole Marimon
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Jurisdictional Challenges In The United States Government’S Move To Cloud Computing Technology, Sasha Segall
Jurisdictional Challenges In The United States Government’S Move To Cloud Computing Technology, Sasha Segall
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Asserting Patents To Combat Infringement Via 3d Printing: It’S No “Use”, Daniel Harris Brean
Asserting Patents To Combat Infringement Via 3d Printing: It’S No “Use”, Daniel Harris Brean
Fordham Intellectual Property, Media and Entertainment Law Journal
Three-dimensional ("3D") printing technology, which enables physical objects to be "printed" as easily as words can be printed on a page, is rapidly moving from industrial settings into consumers' homes. The advent of consumer grade 3D printers fundamentally alters the traditional allocation of manufacturing infrastructure and sales activity. No longer do manufacturers need to make, sell, and ship physical products in their physical states. Rather, consumers may download digital representations of products over the Internet for printing in the comfort their own homes. For products sold in this fashion that are patented, this presents difficult hurdles to enforcement against infringers. …
The Parthenon Sculptures And Cultural Justice, Derek Fincham
The Parthenon Sculptures And Cultural Justice, Derek Fincham
Fordham Intellectual Property, Media and Entertainment Law Journal
From government and philosophy to art drama and culture, the ancient Athenians, as most everyone knows, gave future generations so much. Yet the pinnacle of their artistic achievement, the Parthenon, remains a damaged and incomplete work of art. 2012 marks the two-hundredth anniversary of the last removal of works of art from the Parthenon. That taking was ordered by an English diplomat known to history as Lord Elgin, and it reminds us that cultures create lasting monuments. But not equally. Cultures which remove the artistic achievements of other nations have increasingly been confronted with uncomfortable questions about how these objects …
Access Denied: How Social Media Accounts Fall Outside The Scope Of Intellectual Property Law And Into The Realm Of The Computer Fraud And Abuse Act, Tiffany Miao
Fordham Intellectual Property, Media and Entertainment Law Journal
This note addresses the challenge of applying intellectual property laws to determining ownership rights over social media accounts, specifically in the employer and employee context. This note suggests that IP regimes, namely Trademark, Copyright,and Trade Secrets, fail to provide an adequate framework for determining such ownership rights. Instead, this note proposes that the Computer Fraud and Abuse Act serves as a more appropriate legal framework.
Real Masks And Real Name Policies: Applying Anti-Mask Case Law To Anonymous Online Speech, Margot E. Kaminski
Real Masks And Real Name Policies: Applying Anti-Mask Case Law To Anonymous Online Speech, Margot E. Kaminski
Fordham Intellectual Property, Media and Entertainment Law Journal
The First Amendment protects anonymous speech, but the scope of that protection has been the subject of much debate. This Article adds to the discussion of anonymous speech by examining anti-mask statutes and cases as an analogue for the regulation of anonymous speech online. Anti-mask case law answers a number of questions left open by the Supreme Court. It shows that courts have used the First Amendment to protect anonymity beyond core political speech, when mask-wearing is expressive conduct or shows a nexus with free expression. This Article explores what the anti-mask cases teach us about anonymity online, including proposed …