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Intellectual Property Law Commons

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Marquette Intellectual Property Law Review

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Articles 301 - 309 of 309

Full-Text Articles in Intellectual Property Law

Table Of Contents Jan 1998

Table Of Contents

Marquette Intellectual Property Law Review

None.


"Gathering His Beames With A Christall Glass": The Intellectual Property Jurisprudence Of Stephen G. Breyer, Gordon R. Shea Jan 1998

"Gathering His Beames With A Christall Glass": The Intellectual Property Jurisprudence Of Stephen G. Breyer, Gordon R. Shea

Marquette Intellectual Property Law Review

Focusing on Qualitex v. Jacobs Products, an opinion authored by Supreme Court Justice Breyer that extends trademark protection to colors, the Author examines Justice Breyer's attitude toward intellectual property law, how Justice Breyer's views were extended in Qualitex, and how Justice Breyer's views may affect intellectual property law in the future.


The European "Community Trade Mark": Is It Worth The Bother?, Daniel G. Radler Jan 1997

The European "Community Trade Mark": Is It Worth The Bother?, Daniel G. Radler

Marquette Intellectual Property Law Review

In growing regional societies such as the European Union, there is a recognized need for standardization of trademark protection. Radler discusses the recent creation of the "Community Trade Mark" ("CTM") and analyzes the pros, the cons, and the alternatives to regional trademark protection within the EU. Concluding that the CTM is the most appropriate alternative, Radler suggests that the CTM provides uniformity, efficiency, and a means for further harmonization.


Of Moral Right And Righteousness, Sharon W. Halpern Jan 1997

Of Moral Right And Righteousness, Sharon W. Halpern

Marquette Intellectual Property Law Review

In response to Professor Kwall's article, Professor Halpern provides an exploration of the differences between European countries that provide broad moral right protection and the United States. Professor Halpern recommends an examination of the role artists and creators of intellectual property play in the culture of the United States in order to form a consensus on which a United States moral right regime may be built.


How Fine Art Fares Post Vara, Roberta Rosenthal Kwall Jan 1997

How Fine Art Fares Post Vara, Roberta Rosenthal Kwall

Marquette Intellectual Property Law Review

Professor Kwall discusses the implications of the recently enacted Visual Artists Rights Act ("VARA"). VARA, the only U.S. statute addressing the issue of moral rights, attempts to protect an artist's personal rights in his own works. Kwall details the effectiveness of the Act in a society that has not traditionally recognized such rights. Professor Kwall examines the many flaws of VARA and supports further legislation to strengthen the protection of artists' moral rights.


United States' Moral Right Developments In European Perspective, Marina Santilli Jan 1997

United States' Moral Right Developments In European Perspective, Marina Santilli

Marquette Intellectual Property Law Review

Professor Santilli provides a European perspective on the United States' recent enactment of VARA. She questions the United States' commitment to the recognition of moral rights by scrutinizing the effectiveness of the Act. Her article provides commentary on Professor Kwall's article and a comparative analysis of moral rights.


Do Your Means Claims Mean What You Meant?, Jeffery N. Costakos, Walter E. Zimmerman Jan 1997

Do Your Means Claims Mean What You Meant?, Jeffery N. Costakos, Walter E. Zimmerman

Marquette Intellectual Property Law Review

The authors review recent decisions of the United States Court of Appeals for the Federal Circuit concerning "means claims" in order to provide practical guidelines and reduce the confusion surrounding 35 U.S.C. § 112 ¶ 6.


Table Of Contents Jan 1997

Table Of Contents

Marquette Intellectual Property Law Review

None


Procd, Inc. V. Zeindenberg: An Emerging Trend In Shrinkwrap Licensing?, Jerry David Monroe Jan 1997

Procd, Inc. V. Zeindenberg: An Emerging Trend In Shrinkwrap Licensing?, Jerry David Monroe

Marquette Intellectual Property Law Review

The author discusses the implications of the United States Court of Appeals for the Seventh Circuit's decision in ProCD, Inc. v. Zeindenberg. As Monroe explains, until this decision, the courts have been reluctant to uphold the legal consequences of shrinkwrap licenses. Monroe provides an analysis of the interplay between contract law and copyright law to provide a thorough understanding of this emerging trend in intellectual property.