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Articles 1 - 30 of 253
Full-Text Articles in Intellectual Property Law
Domain Tasting Is Taking Over The Internet As A Result Of Icann’S “Add Grace Period”, Christopher Healey
Domain Tasting Is Taking Over The Internet As A Result Of Icann’S “Add Grace Period”, Christopher Healey
Duke Law & Technology Review
When a domain name is registered, the registrant is given five days to cancel for a full refund. While the purpose of this grace period is to protect those who innocently err in the registration process, speculators have taken advantage of the grace period through a process called "domain tasting." These "domain tasters" register hundreds of thousands of domain names and cancel the vast majority of them within the five-day grace period, keeping only those that may be valuable as placeholder advertising websites or to holders of trademark rights. This iBrief will outline the "domain tasting" process, analyze why it …
Drawing Idea From Expression: Creating A Legal Space For Culturally Appropriated Literary Characters, Jacqueline Lai Chung
Drawing Idea From Expression: Creating A Legal Space For Culturally Appropriated Literary Characters, Jacqueline Lai Chung
William & Mary Law Review
No abstract provided.
Beyond Microsoft: Intellectual Property, Peer Production And The Law’S Concern With Market Dominance., Daryl Lim
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Copyright As Quasi-Public Property: Reinterpreting The Conflict Between Copyright And The First Amendment., Adrian Liu
Copyright As Quasi-Public Property: Reinterpreting The Conflict Between Copyright And The First Amendment., Adrian Liu
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
A Constitutional Idea-Expression Doctrine: Qualifying Congress’ Commerce Power When Protecting Intellectual Property Rights., Yavar Bathaee
A Constitutional Idea-Expression Doctrine: Qualifying Congress’ Commerce Power When Protecting Intellectual Property Rights., Yavar Bathaee
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Entering The Drm-Free Zone: An Intellectual Property And Antitrust Analysis Of The Online Music Industry., Monika Roth
Entering The Drm-Free Zone: An Intellectual Property And Antitrust Analysis Of The Online Music Industry., Monika Roth
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Removing The Greek From Feta And Adding Korbel To Champagne: The Paradox Of Geographical Indications In International Law., Michelle Agdomar
Removing The Greek From Feta And Adding Korbel To Champagne: The Paradox Of Geographical Indications In International Law., Michelle Agdomar
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Towards A New Paradigm In Justifying Copyright: An Universalistic-Transcendental Approach., Christian G. Stallberg
Towards A New Paradigm In Justifying Copyright: An Universalistic-Transcendental Approach., Christian G. Stallberg
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Sold Downstream: Free Speech, Fair Use, And Anti-Circumvention Law, R. Terry Parker
Sold Downstream: Free Speech, Fair Use, And Anti-Circumvention Law, R. Terry Parker
The University of New Hampshire Law Review
[Excerpt] “Here’s a hypo. Living in Asia, I purchased a shameful amount of music and movies, all legit purchases through reputable stores, HMV and Tower Records, but little of which will get reissued. I wanted to preserve my collection but software in the discs prevented me from ripping backup copies to my computer. Lacking the technological savvy to get around this software myself, I purchased and used a product to help me circumvent these controls. Discuss.
Courts agree that copying the music and movies here is infringement but that fair use may provide a defense. However, courts do not agree …
Operation Restoration: How Can Patent Holders Protect Themselves From Medimmune?, Stephanie Chu
Operation Restoration: How Can Patent Holders Protect Themselves From Medimmune?, Stephanie Chu
Duke Law & Technology Review
The Supreme Court’s recent decision in MedImmune v. Genentech shifts the balance of power in license agreements from patent holders to their licensees. This iBrief outlines the potential implications of the new rules on all stages of patent prosecution and protection. Further, it evaluates remedial contract provisions patent holders may include in future license agreements and how these provisions may mitigate the decision’s effects on preexisting commercial relationships.
Encouraging Corporate Innovation For Our Homeland During The Best Of Times For The Worst Of Times: Extending Safety Act Protections To Natural Disasters’, Ava A. Harter
Duke Law & Technology Review
This article first analyzes the innovative tort reform of the SAFETY Act and then argues for expansion of SAFETY Act type risk protection to natural disasters such as hurricanes, earthquakes and wildfires. The SAFETY Act was drafted to stimulate the development and deployment of technologies that combat terrorism by providing liability protection. Applying the same type of legislation to natural disasters will provide a commensurate benefit of encouraging preparedness and development of technologies that could mitigate harms resulting from natural disasters. The Department of Homeland Security voiced a desire to increase the use of the SAFETY Act by private industry. …
Battling In The Name Of Balance: Evaluating Solutions To Copyright Conflict In Viacom International V. You Tube, Alexis Allen
Battling In The Name Of Balance: Evaluating Solutions To Copyright Conflict In Viacom International V. You Tube, Alexis Allen
BYU Law Review
No abstract provided.
Private Use As Fair Use: Is It Fair?, Frances Grodzinsky, Maria C. Bottis
Private Use As Fair Use: Is It Fair?, Frances Grodzinsky, Maria C. Bottis
School of Computer Science & Engineering Faculty Publications
The age of digital technology has introduced new complications into the issues of fair and private use of copyrighted material. In fact, the question of private use of another's work has been transformed from a side issue in intellectual property jurisprudence into the very center of intellectual property discussions about rights and privileges in a networked world. This paper will explore the nuanced difference between fair and private use as articulated in the US and the European Copyright Laws. Part One will explain the legal use and meaning of fair use and its justifications. We maintain that it is almost …
Trolling For Trolls: The Pitfalls Of The Emerging Market Competition Requirement For Permanent Injunctions In Patent Cases Post-Ebay, Benjamin H. Diessel
Trolling For Trolls: The Pitfalls Of The Emerging Market Competition Requirement For Permanent Injunctions In Patent Cases Post-Ebay, Benjamin H. Diessel
Michigan Law Review
In eBay v. MercExchange, a unanimous Supreme Court announced that a new four-factor test should be employed by district courts in determining whether to award an injunction or damages to an aggrieved party whose intellectual property has been infringed. In the context of permanent injunctions in patent cases, district courts have distorted the four-factor test resulting in a "market competition requirement." Under the new market competition requirement, success at obtaining an injunction is contingent upon a party demonstrating that it is a market competitor After consistent application in the first twenty-five district court cases post-eBay, the market competition requirement …
Exclusion Confusion? A Defense Of The Federal Circuit's Specific Exclusion Jurisprudence, Peter Curtis Magic
Exclusion Confusion? A Defense Of The Federal Circuit's Specific Exclusion Jurisprudence, Peter Curtis Magic
Michigan Law Review
Specific exclusion has become a controversial limitation on the doctrine of equivalents, which is itself an essential and controversial area of patent law. The doctrine of equivalents allows a patentee to successfully claim infringement against devices that are outside of the literal reach of the language used by the patentee in her patent to describe what she claims as her invention. The Supreme Court has prescribed some of the outer limits of the doctrine of equivalents and articulated the underlying policy concerns that inform its analysis-noting that courts should balance protection of the patentee's intellectual property with the public's reasonable …
Frcp 19: A Preferable Alternative To Traditional Judicial Rules For Determining Patent Licensee Standing, Jeffrey Bashaw
Frcp 19: A Preferable Alternative To Traditional Judicial Rules For Determining Patent Licensee Standing, Jeffrey Bashaw
Washington Journal of Law, Technology & Arts
In Aspex Eyewear v. Miracle Optics, a patent infringement claim was initially dismissed because the court found that the parties bringing suit, a patentee and a patent sub-licensee, lacked standing because although the patentee had given all substantial rights to a licensee, the sub-licensee’s license did not convey “all substantial rights.” Thus, neither party had “all substantial rights,” the traditional threshold test for patent licensee standing. While the Federal Circuit ultimately reversed and allowed the suit to go forward, the case demonstrates how the current patent standing rule only magnifies the expense of litigating an infringement suit by requiring …
A Budding Theory Of Willful Patent Infringement: Orange Books, Colored Pills, And Greener Verdicts, Christopher A. Harkins
A Budding Theory Of Willful Patent Infringement: Orange Books, Colored Pills, And Greener Verdicts, Christopher A. Harkins
Duke Law & Technology Review
The rules of engagement in the brand-name versus generic-drug war are rapidly changing. Brand-name manufacturers face increasing competition from Canadian manufacturers of generic drugs, online drug companies, and Wal-Mart® Super Centers deciding to cash in by turning a piece of the generic prescription drug business into a huge marketing campaign with offerings of generic drugs for four dollar prescriptions. Other discount drug providers are likely to follow suit in hopes of boosting customer traffic and sales of their generic drugs. Now, more than ever before, attorneys representing owners of pharmaceutical patents need to be creative with their damages theories to …
Rethinking The Foundations Of Trademarks, Mohammad Amin Naser
Rethinking The Foundations Of Trademarks, Mohammad Amin Naser
Buffalo Intellectual Property Law Journal
No abstract provided.
Patenting The Tax Code: Monopolizing Basic Tax Strategy, Nicholas Robinson
Patenting The Tax Code: Monopolizing Basic Tax Strategy, Nicholas Robinson
Buffalo Intellectual Property Law Journal
No abstract provided.
Removing Incentives For Technology Transfer: Medimmune V. Genentech, Peter Jay
Removing Incentives For Technology Transfer: Medimmune V. Genentech, Peter Jay
Buffalo Intellectual Property Law Journal
No abstract provided.
The Digital Titanic: The Sinking Of Youtube.Com In The Dmca's Safe Harbor, Trevor Cloak
The Digital Titanic: The Sinking Of Youtube.Com In The Dmca's Safe Harbor, Trevor Cloak
Vanderbilt Law Review
In today's technologically advanced world, video-sharing Internet sites ("VSIs"), such as Grouper.com, Bolt.com, and YouTube.com, provide free, unfettered access to clips of your favorite television shows and artistic performances, from Animaniacs to ZZ Top. With movie clips viewed over 100 million times each day, YouTube is the behemoth of these sites5-a major accomplishment considering the site entered the video-sharing market in May 2005. Two friends, Steve S. Chen and Chad Hurly, created YouTube after they experienced difficulty posting a video online. Taking advantage of online blogging's popularity, the two distinguished their site by coupling quick and easy video posting with …
The International Enclosure Movement, Peter K. Yu
The International Enclosure Movement, Peter K. Yu
Indiana Law Journal
No abstract provided.
Contractual Expansion Of The Scope Of Patent Infringement Through Field-Of-Use Licensing, Mark R. Patterson
Contractual Expansion Of The Scope Of Patent Infringement Through Field-Of-Use Licensing, Mark R. Patterson
William & Mary Law Review
Patentees sometimes employ field-of-use licenses, under which they grant the right to use their inventions, but only in specified ways. Field-of-use licensing is often procompetitive, because the ability to provide different licensing terms for different users can encourage broader licensing of inventions. But in recent cases, the Court of Appeals for the Federal Circuit and several district courts have upheld field-of-use licenses that prohibited activities that would otherwise have been permitted by patent law, such as the repair and resale of patented products. By treating any violation of a license agreement as patent infringement, and by upholding license provisions that …
Let's Test This Out: A Proposal For A New Unified Test For The Experimental Use Exception To § 102(B), Moshe Wilensky
Let's Test This Out: A Proposal For A New Unified Test For The Experimental Use Exception To § 102(B), Moshe Wilensky
Chicago-Kent Journal of Intellectual Property
No abstract provided.
China's New Electronic Signature Law And Certification Authority Regulations: A Catalyst For Dramatic Future Growth Of E-Commerce, Stephen E. Blythe
China's New Electronic Signature Law And Certification Authority Regulations: A Catalyst For Dramatic Future Growth Of E-Commerce, Stephen E. Blythe
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Bulova Wrongly Decided: A Case Against Extraterritorialty Of Trademark Law, Dariush Keyhani
Bulova Wrongly Decided: A Case Against Extraterritorialty Of Trademark Law, Dariush Keyhani
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Standing To Sue In Another's Shoes: Can An Assignee Of An Accrued Copyright Infringement Claim With No Other Interest In The Copyright Itself Sue For The Infringement?, Wenjie Li
Pace Law Review
No abstract provided.
Electronic Records As Documentary Evidence, Ken Chasse
Electronic Records As Documentary Evidence, Ken Chasse
Canadian Journal of Law and Technology
The new electronic record provisions that are now part of almost all of the Evidence Acts in Canada are as important as any statutory law or common law concerning the use of records as evidence. They bring six important improvements to the evidentiary law of business records. It is argued, however, that their most serious defects are that they: (1) perpetuate the best evidence rule — a rule rendered redundant by electronic records and information management (RIM); (2) do not deal with hearsay issues; (3) do not cure the defects of the business record provisions in regard to electronic records; …
The Adverse Economic Effects Of Spectrum Set-Asides, Robert W. Crandall, Allan T. Ingrahm
The Adverse Economic Effects Of Spectrum Set-Asides, Robert W. Crandall, Allan T. Ingrahm
Canadian Journal of Law and Technology
In February 2007, Industry Canada released a consultation that outlined a proposed auction design for spectrum Ifor Advanced Wireless Services. As part of its consultation, Industry Canada contemplated a spectrum set-aside in the AWS auction to facilitate the entry of a new wireless service provider in Canada; however, it noted that a potential drawback of a spectrum set-aside is that it can induce uneconomic entry into the market. In this paper, we show that a set-aside for AWS spectrum in Canada is more likely to result in uneconomic entry than in a viable domestic entrant into the Canadian wireless industry. …
You Must Remember This: The Copyright Conundrum Of "Translation Memory" Databases, Francie Gow
You Must Remember This: The Copyright Conundrum Of "Translation Memory" Databases, Francie Gow
Canadian Journal of Law and Technology
Translation memory databases (compilations of texts linked with their translations) can be valuable resources in the process of translating subsequent texts. This article explores the circumstances under which such compilations might be considered sufficiently original to attract copyright protection that is independent of any copyright already subsisting in the underlying translations and source texts. Various characteristics of the tools and the translation industry in general make the analysis highly fact-specific; whether particular translation memory databases attract protection, and, if so, who can claim to be their ‘‘authors’’, must be evaluated on a case-by-case basis. Any protection that is granted may …