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Articles 61 - 90 of 229
Full-Text Articles in Intellectual Property Law
Intellectual Property And The Costs Of Commercial Exchange: A Review Essay, Robert P. Merges
Intellectual Property And The Costs Of Commercial Exchange: A Review Essay, Robert P. Merges
Michigan Law Review
A Review of The Commercial Law of Intellectual Property by Peter A. Alces and Harold F. See
Defining Computer Program Parts Under Learned Hand's Abstractions Test In Software Copyright Infringement Cases, John W.L. Ogilive
Defining Computer Program Parts Under Learned Hand's Abstractions Test In Software Copyright Infringement Cases, John W.L. Ogilive
Michigan Law Review
This Note proposes a set of computer program part definitions that develop Learned Hand's abstractions test to make it more useful in software infringement cases. The Note takes no position on the proper scope of protection for software under copyright law, but argues that no consensus is possible on which program parts deserve copyright protection until courts recognize that computer programs are composed of components whose definition lies beyond judicial control. Program parts defined in conclusory legal terms will never provide a stable basis for reasoned debate over the conclusions presumed in the definitions.
Does A Copyright Coowner's Duty To Account Arise Under Federal Law?, Craig Y. Allison
Does A Copyright Coowner's Duty To Account Arise Under Federal Law?, Craig Y. Allison
Michigan Law Review
This Note discusses both the source of the accounting rule and the proper forum for applying the rule. Part I provides a general history of joint ownership and the duty to account and suggests that the number of litigants presenting joint ownership claims will probably increase. Part II discusses joint ownership case law chronologically. This Part shows that the case law is consistent with the view that the duty to account was a creation of the federal courts. Part III argues that the accounting rule is federal common law and that federal jurisdiction necessarily follows for all copyright accounting cases. …
The Nature Of Copyright: A Law Of Users' Rights, Lydia Pallas Loren
The Nature Of Copyright: A Law Of Users' Rights, Lydia Pallas Loren
Michigan Law Review
A Review of The Nature of Copyright: A Law of Users' Rights by L. Ray Patterson and Stanley W. Lindberg
Personal Jurisdiction Over Aliens In Patent Infringement Actions: A Uniform Approach Toward The Situs Of The Tort, David Wille
Personal Jurisdiction Over Aliens In Patent Infringement Actions: A Uniform Approach Toward The Situs Of The Tort, David Wille
Michigan Law Review
This Note examines current approaches to the question of personal jurisdiction over alien patent infringers. Part I describes personal jurisdiction requirements in the context of patent infringement suits against aliens. The leading case addressing these requirements has been interpreted differently by several courts, thus resulting in conflicting outcomes. Part II explains the current controversy over the locus of the tort of patent infringement. The three different modes of reasoning currently used by courts to determine the locus of the tort would allow immunity from suit for the alien in at least two hypothetical cases. This Part concludes that in order …
Copyright, Computer Software, And Work Made For Hire, Matthew R. Harris
Copyright, Computer Software, And Work Made For Hire, Matthew R. Harris
Michigan Law Review
Prior to the Supreme Court's 1989 decision in Community for Creative Non-Violence v. Reid, the Circuits had disagreed over the question of whether independent contractors could qualify as "employees" under the doctrine. The Fifth, Ninth, and D.C. Circuits defined "employee" narrowly, thereby excluding the majority of commissioned works from potential work for hire status. Applying a much broader definition of the term, the Second and Seventh Circuits included virtually all commissioned works as work for hire. The disagreement was not surprising, since the copyright statute does not include a definition of the term, and the legislative history fails to …
Idea, Process, Or Protected Expression?: Determining The Scope Of Copyright Protection Of The Structure Of Computer Programs, Steven R. Englund
Idea, Process, Or Protected Expression?: Determining The Scope Of Copyright Protection Of The Structure Of Computer Programs, Steven R. Englund
Michigan Law Review
Courts considering the alleged copying of the structure, rather than literal copying of the text, of a computer program have usually concerned themselves with whether protected expression or an unprotected idea was copied. Courts have seldom suggested that it might be an unprotected process that was copied. However, this Note concludes that the legislative history of the 1976 Act indicates that that legislation's drafters envisioned a far more prominent role for the process-expression dichotomy than it has played to date. The process inquiry is at least as important as the idea inquiry in striking the proper balance between promoting progress …
The Availability Of Jury Trials In Copyright Infringement Cases: Limiting The Scope Of The Seventh Amendment, Andrew W. Stumpff
The Availability Of Jury Trials In Copyright Infringement Cases: Limiting The Scope Of The Seventh Amendment, Andrew W. Stumpff
Michigan Law Review
This Note argues that statutory copyright damages are properly regarded as equitable and hence that no right to a jury trial exists in cases brought to recover such damages. More generally, the Note maintains that the seventh amendment's distinction between equitable and legal causes of action has produced irrational consequences, and proposes that "legal" issues be defined narrowly so as to limit the scope of the seventh amendment. Part I analyzes the debate over statutory copyright damages, concluding that historical and statutory construction arguments require these damages to be construed as legal. Part II examines some of the problems that …
The Rise Of The Supreme Court Reporter: An Institutional Perspective On Marshall Court Ascendancy, Craig Joyce
The Rise Of The Supreme Court Reporter: An Institutional Perspective On Marshall Court Ascendancy, Craig Joyce
Michigan Law Review
This Article will first explore the antecedents to, and beginnings of, the reporter system under Alexander J. Dallas and William Cranch. Next, the Article will examine the transformation of the system under the Court's first official Reporter, the scholarly Henry Wheaton. Finally, the Article will recount the struggle between Wheaton and his more practical successor, Richard Peters, Jr., that culminated in 1834 in the Court's declaration that its decisions are the property of the people of the United States, and not of the Court's Reporters.
Total-Sales Royalties Under The Patent-Misuse Doctrine: A Critique Of Zenith, Michigan Law Review
Total-Sales Royalties Under The Patent-Misuse Doctrine: A Critique Of Zenith, Michigan Law Review
Michigan Law Review
This Note criticizes the Supreme Court's treatment of total-sales royalties. Part I outlines the scope of the patent-misuse doctrine, and Part II describes the development of the Zenith conditioning test. Part III analyzes that test; it suggests that the Zenith opinion is not internally consistent and that courts may not be able to apply the conditioning test satisfactorily. Finally, in response to Justice Harlan's dissenting opinion in Zenith, in which he notes the dearth of literature on the economic consequences of total-sales royalty provisions, 14 Part III undertakes an analysis of those consequences. The analysis demonstrates that total-sales royalty …
Patents And Antitrust Law, Merrill N. Johnson
Patents And Antitrust Law, Merrill N. Johnson
Michigan Law Review
A Review of Patents and Antitrust Law by Ward S. Bowman, Jr.
Copyright--Protection Denied To Verbal Expression Of Simple Subject Matter--Morrissey V. Proctor & Gamble Co., Michigan Law Review
Copyright--Protection Denied To Verbal Expression Of Simple Subject Matter--Morrissey V. Proctor & Gamble Co., Michigan Law Review
Michigan Law Review
The plaintiff copyrighted a series of rules for a sales promotional contest in which contestants' social security numbers were used as the basis for a "sweepstakes." In 1959 he submitted the contest rules and game suggestions to several companies, including the defendant Procter & Gamble Company, to see if they were interested in using his scheme. The defendant failed to accept or even to respond to the plaintiff's solicitation. However, three years later Procter & Gamble initiated a "Shopping Fling Sweepstakes" which utilized contestants' social security numbers as the basic element of the game. Plaintiff brought an action for copyright …
Unreduced Royalty Arrangements And Packaged Patents: An Improper Extension Of The Patent Monopoly?, Michigan Law Review
Unreduced Royalty Arrangements And Packaged Patents: An Improper Extension Of The Patent Monopoly?, Michigan Law Review
Michigan Law Review
This Comment will examine the merits of Brulotte and the propriety of extending its rule to the package licensing context. In order to do this it is necessary to consider the Brulotte and Rocform decisions in somewhat greater detail.
Copyright Pre-Emption And Character Values: The Paladin Case As An Extension Of Sears And Compco, Michigan Law Review
Copyright Pre-Emption And Character Values: The Paladin Case As An Extension Of Sears And Compco, Michigan Law Review
Michigan Law Review
Much of the confusion over copyright pre-emption that has followed in the wake of Sears and Compco may be due to a fundamental difference between the present patent and copyright acts. Unlike the patent law that was at issue in Sears and Compco, the federal Copyright Act provides that the states may in limited circumstances protect literary property through the doctrine of common-law copyright. Under section 2 of the Act, a state may prevent copying of a work so long as it remains "unpublished." An alternative ground of decision in Paladin was that, regardless of preemption under Sears and …
Jurisdiction--Foreign Patents--Jurisdiction Over Foreign Patent Claims, Michigan Law Review
Jurisdiction--Foreign Patents--Jurisdiction Over Foreign Patent Claims, Michigan Law Review
Michigan Law Review
The territorial limitations of sovereignty have been held to preclude a country from giving extraterritorial effect to its patent laws, and, therefore, a patent confers rights which are protected only within the boundaries of the issuing country. Thus, United States and foreign patents, even when granted for the same invention, create separate and distinct rights which may differ in scope and effect in the respective countries. Concomitantly, courts have also held that a foreign patent confers upon its owner no rights or protection with respect to acts done in the United States.
Kaplan: An Unhurried View Of Copyright, W. Brown Morton Jr.
Kaplan: An Unhurried View Of Copyright, W. Brown Morton Jr.
Michigan Law Review
A Review of An Unhurried View of Copyright by Benjamin Kaplan
Antitrust-Patents-Licenses-Regulation Of Patent License Royalty Rates Under The Antitrust Laws, Michigan Law Review
Antitrust-Patents-Licenses-Regulation Of Patent License Royalty Rates Under The Antitrust Laws, Michigan Law Review
Michigan Law Review
Neither the Constitution nor federal legislation defines a patentee's licensing rights; consequently, it has devolved upon the courts to control patent marketing practices. A patentee is entitled to a limited monopoly on his invention, and proper use of this grant is not a violation of any law regulating trade practices. Yet licensing affords an opportunity to enlarge the scope of this monopoly, and courts using various rationales have declared illegal different forms of patent licensing arrangements found to be outside the protective coverage of the patent grant. Until recently, however, the courts have not dealt with the problem of whether …
A Divided Country In Foreign Courts-Recent Litigation Involving Germany's Legal Status And The Zeiss Stiftung, Herbert L. Bernstein
A Divided Country In Foreign Courts-Recent Litigation Involving Germany's Legal Status And The Zeiss Stiftung, Herbert L. Bernstein
Michigan Law Review
The partition of countries in the wake of the second World War accounts for two Asian battlefields: Korea and Viet Nam. In Europe, where a dividing line was drawn through Germany, military hostilities have been avoided thus far. Instead, the controversies originating from that line are fought out at the conference table, through public and private media of communication, and in the courthouses.
Trademarks-Successful Plaintiffs In Trademark Infringement Actions Under The Lanham Act May Not Recover Attorney's Fees-Maier Brewing Co. V. Fleischmann Distilling Corp., Michigan Law Review
Trademarks-Successful Plaintiffs In Trademark Infringement Actions Under The Lanham Act May Not Recover Attorney's Fees-Maier Brewing Co. V. Fleischmann Distilling Corp., Michigan Law Review
Michigan Law Review
In an action for trademark infringement under the Lanham Act and for unfair competition, the District Court enjoined the defendant company from further use of the trademark and awarded the plaintiff $60,000 in attorney's fees. On appeal, held, reversed in part. The issuance of the injunction was upheld but the court declared that attorney's fees are not recoverable in trademark infringement cases prosecuted under the Lanham Act since Congress had not expressly provided for such awards.
Sections 184 And 185 Of The Invention Secrecy Act--An Ambiguous And Unnecessary Obstruction To Foreign Patenting, Michigan Law Review
Sections 184 And 185 Of The Invention Secrecy Act--An Ambiguous And Unnecessary Obstruction To Foreign Patenting, Michigan Law Review
Michigan Law Review
Several recent decisions have revealed an ambiguity in sections 184 and 185 of the Invention Secrecy Act. Section 184 allows the filing of a patent application in a foreign country only upon receipt of a license from the Patent Commissioner or after the expiration of a six-month period which begins when the application is submitted to the United States Patent Office for examination. If this section is violated inadvertently by unlicensed foreign filing within six months of the filing in the United States Patent Office, the Patent Commissioner is empowered to issue a license that retroactively validates the prior foreign …
Television Sponsor And Advertising Agency Held Vicariously Liable For Copyright Infringement--Davis V. E.I. Dupont De Nemours & Co., Michigan Law Review
Television Sponsor And Advertising Agency Held Vicariously Liable For Copyright Infringement--Davis V. E.I. Dupont De Nemours & Co., Michigan Law Review
Michigan Law Review
DuPont sponsored a dramatization of Edith Wharton's novel Ethan Frome presented by the CBS television network. Petitioner claimed an infringement of his earlier copyrighted dramatization of the same novel and sought a declaration of liability against CBS, the producer of the program, DuPont, and its advertising agency, Batten, Barton, Durstine & Osborn, Inc. (BBDO). Although DuPont and BBDO were notified before the performance of the possibility of copyright infringement liability and could have stopped the producers from using petitioner's play, they made no attempt to interfere. In petitioner's action in the federal district court, DuPont and BBDO contended that they …
Tying Arrangement With Trademark As The Tying Item Is Not A Per Se Violation Of The Antitrust Laws-Susser V. Carvel Corp., Michigan Law Review
Tying Arrangement With Trademark As The Tying Item Is Not A Per Se Violation Of The Antitrust Laws-Susser V. Carvel Corp., Michigan Law Review
Michigan Law Review
Several independent franchised soft ice-cream outlets brought suit for treble damages against Carvel Corporation, the franchising company, alleging that the contract between them constituted an illegal tying arrangement in violation of section 3 of the Clayton Act and sections 1 and 2 of the Sherman Act. The contract bound the dealers to purchase from Carvel-appointed suppliers all commodities sold as part of the retail dairy composite. Plaintiffs stipulated that they would rely on per se violations at trial. The district court found that the plaintiffs had failed to show the alleged violations and, in any case, the defendant had proved …
Copyrights-Limitations On Proprietor's Exclusive Right To Vend, David M. Ebel
Copyrights-Limitations On Proprietor's Exclusive Right To Vend, David M. Ebel
Michigan Law Review
Plaintiff was the sole proprietor of copyrights on several educational toys. It had ordered a large number of these toys to be made by defendant manufacturer, but refused to accept them when tendered, claiming they were so defective in quality that their sale would impair plaintiff's reputation. When defendant manufacturer began selling the rejected toys to the co-defendants in order to recover its own investment in them, the plaintiff obtained a temporary restraining order against all defendants prohibiting further sales of the toys pending a determination of a motion for permanent injunction. The district court granted a preliminary injunction of …
Copyrights-Liabilty Of Store Owner For Sale Of Infringing Phonograph Records By Concessionaire, Terrence L. Croft
Copyrights-Liabilty Of Store Owner For Sale Of Infringing Phonograph Records By Concessionaire, Terrence L. Croft
Michigan Law Review
Defendant H. L. Green Company licensed defendant Jalen Amusement Company as concessionaire of the record departments in twenty-three of its stores. The licensing agreement required Jalen's employees to follow all Green's rules and regulations and empowered Green to discharge any employee found to be conducting himself improperly. The gross receipts of the record department were collected by Green, Jalen receiving only the amount remaining after deductions for the license fee, salaries, and taxes. Although Jalen ordered and paid for the records and its employees made all the sales, record purchasers were unaware of Jalen's autonomy in the record department. Plaintiff, …
Trademarks-Unfair Competition-Scope Of Federal Jurisdiction Under Section 43(A) Of The Lanham Act, Harry T. Edwards
Trademarks-Unfair Competition-Scope Of Federal Jurisdiction Under Section 43(A) Of The Lanham Act, Harry T. Edwards
Michigan Law Review
Plaintiff, a manufacturer and distributor of engine bearings and connecting rods for internal combustion engines, brought suit in a federal district court to enjoin the defendant from marketing and distributing the latter's products in containers which closely resembled those of the plaintiff, thereby falsely representing that the goods were produced by and originated with the plaintiff. The cause of action was based solely on section 43(a) of the Lanham Act. In dismissing the complaint, the district court ruled that any attempt to characterize the complaint as charging a "false description or representation" was without merit, and that "false designation of …
Federal Civil Procedure-Venue-Effect Of 1948 Judicial Code Definition Of Corporate Residence On Venue Under The Jones Act, Mary Mandana Long
Federal Civil Procedure-Venue-Effect Of 1948 Judicial Code Definition Of Corporate Residence On Venue Under The Jones Act, Mary Mandana Long
Michigan Law Review
Plaintiff seaman, having been injured while serving on a vessel owned and operated by the defendant corporations, brought a civil action in federal district court alleging claims for negligence under the Jones Act, for unseaworthiness, and for maintenance and cure. The venue provision of the Jones Act requires that actions under it be brought in the district in which the defendant employer resides or in which his principal office is located. Plaintiff filed his complaint in the Western District of Pennsylvania although defendants were incorporated and maintained their principal offices in Louisiana. Defendants' motions to dismiss on the ground of …
Know-How Licensing And The Antitrust Laws, David R. Macdonald
Know-How Licensing And The Antitrust Laws, David R. Macdonald
Michigan Law Review
The purpose of this article is to re-analyze the present antitrust status of know-how licensing for the purpose of clarifying the extent of the protection which the exploiter of know-how may accord himself without abusing the public interest in unfettered competition.
Patents-Patent Grant By Private Law-Constitutionality Of Grant After Expiration Of Time Limit, Stanley P. Wagner Jr.
Patents-Patent Grant By Private Law-Constitutionality Of Grant After Expiration Of Time Limit, Stanley P. Wagner Jr.
Michigan Law Review
An army officer invented a radar system before World War II but was prevented from patenting it by his superior officers for security reasons. In 1945 his application for a patent was rejected because it was not filed within the time limit embodied in section 102(b) of the Patent Code.1 Congress, in 1950, enacted Private Law 10082 to waive the statutory time limit for the officer's patent application. The act provided that a patent should issue from the 1945 application if the invention .met all the other statutory requirements of the Patent Code. The act provided also that the patent …
Patents-Adjudication Of Validity In Infringement Cases Where Alternative Grounds For Dismissal Exist, Walter A. Urick
Patents-Adjudication Of Validity In Infringement Cases Where Alternative Grounds For Dismissal Exist, Walter A. Urick
Michigan Law Review
Petitioner's complaint alleging validity and infringement of his patent was dismissed by the trial court on the ground that petitioner had granted to respondent an implied license or "shop right." On appeal, petitioner claimed, among other things, error in the refusal of the trial court to rule on the questions of validity and infringement of the patent. Respondent moved to strike these claims from petitioner's statement of points on appeal. Held, motion denied. Failure of the trial court to pass on the questions of validity and infringement does not preclude the petitioner from arguing these issues on appeal. Kierulff …
Patents-Procedure-Applicability Of Invention Secrecy Act Where Government Use Of Invention Is Authorized, Thomas G. Dignan Jr.
Patents-Procedure-Applicability Of Invention Secrecy Act Where Government Use Of Invention Is Authorized, Thomas G. Dignan Jr.
Michigan Law Review
After extended negotiations, plaintiff entered into a contract with the United States for the development of a new model "hemisphere sight," a mock-up of which plaintiff had previously revealed to the Air Force. Acting upon a request by the Air Force, the Commissioner of Patents issued a secrecy order on the gun sight pursuant to provisions of the Invention Secrecy Act, thus preventing the issuance of a patent to the plaintiff. In order for the United States to have a second source of supply for the sights, the plaintiff revealed its engineering information to another manufacturer upon governmental request to …