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Articles 301 - 330 of 823
Full-Text Articles in Intellectual Property Law
E-Incitement: A Framework For Regulating The Incitement Of Criminal Flash Mobs, Hannah Steinblatt
E-Incitement: A Framework For Regulating The Incitement Of Criminal Flash Mobs, Hannah Steinblatt
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Comparative Advertising In Argentine Law, Pablo Palazzi
Comparative Advertising In Argentine Law, Pablo Palazzi
Fordham Intellectual Property, Media and Entertainment Law Journal
The author analyzes the evolution of comparative advertising in Argentina under the laws of trademark and unfair competition.
Rethinking “Murderabilia”: How States Can Restrict Some Depictions Of Crime As They Restrict Child Pornography, Joseph C. Mauro
Rethinking “Murderabilia”: How States Can Restrict Some Depictions Of Crime As They Restrict Child Pornography, Joseph C. Mauro
Fordham Intellectual Property, Media and Entertainment Law Journal
Murderabilia refers to items whose commercial value stems from their relation to a notorious crime or criminal. To protect victims of crime from psychological harm, most states have passed laws restricting the sale of murderabilia. Many of these laws have been challenged on First Amendment grounds, and observers consider them to be of questionable constitutionality. I propose that the constitutional framework allowing states to restrict child pornography can solve this problem. In New York v. Ferber, the Supreme Court held that states may restrict child pornography as speech, without regard to its First Amendment value, because it is “intrinsically related” …
Piercing Pennoyer With The Sword Of A Thousand Truths: Jurisdictional Issues In The Virtual World, Andrew Cabasso
Piercing Pennoyer With The Sword Of A Thousand Truths: Jurisdictional Issues In The Virtual World, Andrew Cabasso
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Who Could Possibly Be Against A Treaty For The Blind?, Aaron Scheinwald
Who Could Possibly Be Against A Treaty For The Blind?, Aaron Scheinwald
Fordham Intellectual Property, Media and Entertainment Law Journal
This Note presents the history of the problem of VIPs' restricted access to information, a legal-realist analysis of the reasons for and against a WIPO treaty for the blind, and the contours of a best-case solution.
The Myth Of Generic Pharmaceutical Competition Under The Hatch-Waxman Act, Emily Michiko Morris
The Myth Of Generic Pharmaceutical Competition Under The Hatch-Waxman Act, Emily Michiko Morris
Fordham Intellectual Property, Media and Entertainment Law Journal
Without a doubt, health care costs are on the rise, and how to reduce those costs is of great concern to many. The Hatch-Waxman Act attempts to reduce pharmaceutical costs by encouraging market entry by lower-priced generic pharmaceuticals and without a doubt has been successful in doing so over the last three decades. The question is, at what price? Although designed to balance greater generic market entry with stronger incentives for brand-name pharmaceutical innovators to continue developing new drugs, the Act appears to have fall short of making those incentives nearly strong enough and, indeed, likely weakens them. Perhaps more …
The Indecency Of Indecency: How Technology Affects The Constitutionality Of Content-Based Broadcast Regulation, Nick Gamse
Fordham Intellectual Property, Media and Entertainment Law Journal
In the thirty-plus years since FCC v. Pacifica Foundation revolutionized content-based broadcast regulation, much has changed. Although broadcast television was recognized as a dangerously pervasive medium in 1978, it is no longer the dominant force that it once was, with the vast majority of Americans now paying for subscription television services like cable or satellite. And while the Pacifica Court strove to support parents in their struggle to protect their children from pervasive inappropriate content by upholding the FCC’s content regulation, technological developments like the V-Chip, cable boxes, DVRs, and satellite boxes have afforded modern parents various self-help alternatives. Many …
Moral Rights Of Composers: The Protection Of Attribution And Integrity Available To Musicians In The European Union And The United States, Tanja Makovec Petrik
Moral Rights Of Composers: The Protection Of Attribution And Integrity Available To Musicians In The European Union And The United States, Tanja Makovec Petrik
Fordham Intellectual Property, Media and Entertainment Law Journal
The purpose of this paper is to illustrate the approaches taken in the European Union and the United States to protect moral rights of musicians, specifically the right of integrity, and to give a sense of a possible future trend in the development of this issue. Currently, the United States protects an author’s right of integrity through other legal frameworks, like contract law or defamation, but does not expressly recognize moral rights. This paper proposes that the United States adopt a middle ground approach, like that taken by the United Kingdom, and provide limited, but explicit, moral rights protection to …
Fear And Loathing In Trademark Enforcement, Jeremy N. Sheff
Fear And Loathing In Trademark Enforcement, Jeremy N. Sheff
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Museum Policies And Art Images: Conflicting Objectives And Copyright Overreaching, Kenneth D. Crews
Museum Policies And Art Images: Conflicting Objectives And Copyright Overreaching, Kenneth D. Crews
Fordham Intellectual Property, Media and Entertainment Law Journal
Museums face steady demand for images of artworks from their collections, and they typically provide a service of making and delivering high-resolution images of art. The images are often intellectually essential for scholarly study and teaching, and they are sometimes economically valuable for production of the coffee mugs and note cards sold in museum shops and elsewhere. Though the law is unclear regarding copyright protection afforded to such images, many museum policies and licenses encumber the use of art images with contractual terms and license restrictions often aimed at raising revenue or protecting the integrity of the art. This article …
The Balance Of Power In Patent Law: Moving Towards Effectiveness In Addressing Patent Troll Concerns, Ahmed J. Davis, Karolina Jesien
The Balance Of Power In Patent Law: Moving Towards Effectiveness In Addressing Patent Troll Concerns, Ahmed J. Davis, Karolina Jesien
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Internet Immunity: The Limits Of Contributory Trademark Infringement Against Online Service Providers, Rebecca Dunlevy
Internet Immunity: The Limits Of Contributory Trademark Infringement Against Online Service Providers, Rebecca Dunlevy
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Bearing Down On Trademark Bullies, Irina D. Manta
Bearing Down On Trademark Bullies, Irina D. Manta
Fordham Intellectual Property, Media and Entertainment Law Journal
Trademark bullying has become a persistent problem, with large companies intimidating smaller entities with cease and desist campaigns and achieving anti-competitive results. A number of tactics exist to deal with bullying behavior. One of them is the imposition of judicial sanctions, but the standards in that area are unclear and the defendants often do not have the financial means to engage in litigation at all. Other, extralegal measures such as shaming have shown some success, but also present numerous drawbacks and prove insufficient when used against powerful actors. This symposium contribution proposes a new model that draws on the existing …
Seamaster-Ing The First Sale Doctrine: A Tripartite Framework For Navigating The Applicability Of Section 109(A) To Gray Market Goods, Daniela Alvarado
Seamaster-Ing The First Sale Doctrine: A Tripartite Framework For Navigating The Applicability Of Section 109(A) To Gray Market Goods, Daniela Alvarado
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
A State Law Approach To Preserving Fair Use In Academic Libraries, David R. Hansen
A State Law Approach To Preserving Fair Use In Academic Libraries, David R. Hansen
Fordham Intellectual Property, Media and Entertainment Law Journal
Every year academic libraries spend millions of dollars to provide their users access to copyrighted works. Much of that money goes not toward purchasing physical copies of books or journals, but toward licensing electronic content from publishers. In those electronic license agreements, the default rules for how users interact with copyrighted content is often altered, and academic library users are deprived of basic rights — especially rights such as fair use — which are granted under federal copyright law. The literature is flush with discussion of the misuse of private contracts to alter the rights granted by Congress in copyright’s …
Smartphone, Dumb Regulations: Mixed Signals In Mobile Privacy, Christian Levis
Smartphone, Dumb Regulations: Mixed Signals In Mobile Privacy, Christian Levis
Fordham Intellectual Property, Media and Entertainment Law Journal
The smartphone has turned a user’s location into valuable information. Users of smart devices can use location-based mobile services to get driving directions, check into social networks, or even see which of their friends are around. But the use of this technology, and the new type of data created by it, raises privacy concerns as to who has access to one's location-based information. Because the only legislation covering this technology, the Electronic Communications Privacy Act, is more than twenty-five years old, courts encounter problems when trying to use it to resolve these privacy issues, often reaching illogical results. This Note …
Celebrity Endorsements In Non-Traditional Advertising: How The Ftc Regulations Fail To Keep Up With The Kardashians, Leah W. Feinman
Celebrity Endorsements In Non-Traditional Advertising: How The Ftc Regulations Fail To Keep Up With The Kardashians, Leah W. Feinman
Fordham Intellectual Property, Media and Entertainment Law Journal
Advertisers have used the rise of reality television, social media, and the public's fascination with celebrities to connect with consumers in new and non-traditional ways. With these new techniques come new concerns over consumer protection. When an advertisement does not look like an advertisement, consumers can easily be misled. In 2009, the FTC implemented a set of Guides which were intended to clarify and interpret the regulations enforced by the FTC, and advise the public on how to conduct affairs regarding sponsorship disclosure, specifically in new media. As the note describes, the Guides are insufficient as applied to non-traditional advertising …
Breaking Through The "Tower Of Babel": A “Right To Be Forgotten" And How Trans-Systemic Thinking Can Help Re-Conceptualize Privacy Harm In The Age Of Analytics, Karen Eltis
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Multi-National Patent Litigation: Management Of Discovery And Settlement Issues And The Role Of The Judiciary, James Pooley, Vicki Huang
Multi-National Patent Litigation: Management Of Discovery And Settlement Issues And The Role Of The Judiciary, James Pooley, Vicki Huang
Fordham Intellectual Property, Media and Entertainment Law Journal
National patent laws protect intellectual property rights. However, these rights can only be enforced in the country that granted the patent. Therefore, a patent owner must pursue infringement or revocation proceedings in each country where his patent rights are challenged even if the defendant is the same party. Patent owners are forced to pursue duplicative litigation on a nation-by-nation basis,incurring significant costs and draining valuable judicial resources. Duplicative litigation may result in conflicting outcomes, the impact of which can be complex and costly.... This article will focus on Germany, Japan, the United Kingdom, and the United States. First, we will …
A Nation Of One? Community Standards In The Internet Era, Noah Hertz-Bunzl
A Nation Of One? Community Standards In The Internet Era, Noah Hertz-Bunzl
Fordham Intellectual Property, Media and Entertainment Law Journal
This note examines tensions between the community standards doctrine in First Amendment obscenity law and nationwide prosecutions of internet obscenity. The note focuses on recent cases on the topic, especially in the Supreme Court and the Ninth Circuit Court of Appeals.
Sampling, Looping, And Mashing . . . Oh My!: How Hip Hop Music Is Scratching More Than The Surface Of Copyright Law, Tonya M. Evans
Sampling, Looping, And Mashing . . . Oh My!: How Hip Hop Music Is Scratching More Than The Surface Of Copyright Law, Tonya M. Evans
Fordham Intellectual Property, Media and Entertainment Law Journal
This article examines the deleterious impact of copyright law on music creation. It highlights hip hop music as an example of a genre significantly and negatively impacted by 1) the per se infringement rule applied in some instances to cases involving unauthorized sampling of sound recordings; and 2) traditional (and arguably erroneous) assumptions in copyright law and policy of independent creation and Romantic authorship. For decades hip hop producers have relied on the innovative use of existing recordings (most of which are protected by copyright), to create completely new works. Specifically, cuttin’ and scratchin’, digital sampling, looping and (most recently) …
Protection For Informational Works After Feist Publications, Inc. V. Rural Telephone Service Co., Miriam Bitton
Protection For Informational Works After Feist Publications, Inc. V. Rural Telephone Service Co., Miriam Bitton
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Moral Rights And Supernatural Fiction: Authorial Dignity And The New Moral Rights Agendas, Jacqueline D. Lipton Ph.D.
Moral Rights And Supernatural Fiction: Authorial Dignity And The New Moral Rights Agendas, Jacqueline D. Lipton Ph.D.
Fordham Intellectual Property, Media and Entertainment Law Journal
In recent years, several scholars have revisited the question of moral rights protections for creators of copyright works in the United States. Their scholarship has focused on defining a moral rights agenda that comports with American constitutional values, as well as being practically suited to current copyright business practices. Much of this scholarship has prioritized a right of attribution over other moral rights, such as the right of integrity. This Article evaluates some of these recent moral rights models in light of a sample of comments made by American supernatural fiction authors about their works. The Author questions whether the …
Huddle Up: Using Mediation To Help Settle The National Football League Labor Dispute, Jeremy Corapi
Huddle Up: Using Mediation To Help Settle The National Football League Labor Dispute, Jeremy Corapi
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Technical Knockout: How Mixed Martial Arts Will Change Copyright Enforcement On The Web, Keith Black
Technical Knockout: How Mixed Martial Arts Will Change Copyright Enforcement On The Web, Keith Black
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Not That There’S Anything Wrong With That: Imputations Of Homosexuality And The Normative Structure Of Defamation Law, Matthew D. Bunker *, Drew E. Shenkman **, Charles D. Tobin ***
Not That There’S Anything Wrong With That: Imputations Of Homosexuality And The Normative Structure Of Defamation Law, Matthew D. Bunker *, Drew E. Shenkman **, Charles D. Tobin ***
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Court Of Appeals For The Federal Circuit: Has It Fulfilled Congressional Expectations?, George C. Beighley Jr.
The Court Of Appeals For The Federal Circuit: Has It Fulfilled Congressional Expectations?, George C. Beighley Jr.
Fordham Intellectual Property, Media and Entertainment Law Journal
This Article suggests that the creation of the Court of Appeals for the Federal Circuit was a successful experiment that proves a change in the legal philosophy behind the jurisdiction for federal appellate courts from exclusively general regional jurisdiction to a more specific national subject matter jurisdiction can be successful. This Article provides a historical analysis of how the Federal Circuit was created by presenting interviews from those involved in its creation. The Article then examines the legislative intent behind the creation of the Federal Circuit by looking at the congressional history and interviewing those who testified before Congress. Finally, …
Clear But Unconvincing: The Federal Circuit's Invalidity Standard, David O. Taylor
Clear But Unconvincing: The Federal Circuit's Invalidity Standard, David O. Taylor
Fordham Intellectual Property, Media and Entertainment Law Journal
The Federal Circuit’s standard for proving invalidity of patent claims is clear. The Federal Circuit always requires clear and convincing evidence to prove that a patent claim is invalid. The rationale behind this standard, however, is unconvincing. There are significant reasons to believe that the Patent Office rarely considers the most relevant prior art and that, instead, alleged infringers often find prior art that is more relevant than the prior art considered by the Patent Office. It defies logic to apply the clear and convincing burden where the Patent Office considered only prior art that is less relevant than the …
The Ethics Of Unbranding, Jeremy N. Sheff
The Ethics Of Unbranding, Jeremy N. Sheff
Fordham Intellectual Property, Media and Entertainment Law Journal
This Essay explores the ethical implications of the phenomenon of "unbranding" that has recently been discussed in popular and scholarly literature. It compares two extant definitions of unbranding and examines each under alternative ethical theories of trademark law, specifically deontological and consequentialist theories. With respect to each of these theories, the Essay examines the ethical questions raised by the existence of asymmetric information between brand owners and consumers. This includes asymmetries not only with regard to information about products, but also with regard to information about consumer decision-making processes. The latter asymmetry presents conflicts between deontological and consequentialist conclusions regarding …
Tacit Knowledge Transfer With Patent Law: Exploring Clean Technology Transfers, Margaret Mcinerney
Tacit Knowledge Transfer With Patent Law: Exploring Clean Technology Transfers, Margaret Mcinerney
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.