Intellectual Property Law Commons^™

Conflicts And The Federal Circuit, 29 J. Marshall L. Rev. 835 (1996), Glenn L. Archer Jr.

UIC Law Review

No abstract provided.

Is There Life After Forty: The John Marshall Law School's Fortieth Annual Conference On Intellectual Property, 29 J. Marshall L. Rev. 841 (1996), Donald W. Banner

UIC Law Review

No abstract provided.

Trademark Parody And The First Amendment: Humor In The Eye Of The Beholder, 29 J. Marshall L. Rev. 877 (1996), Mark V.B. Partridge

UIC Law Review

No abstract provided.

Computer Software Protection In 1996: A Practitioner's Nightmare, 29 J. Marshall L. Rev. 853 (1996), Jonathan E. Retsky

UIC Law Review

No abstract provided.

Photographer's Rights: Case For Sufficient Originality Test In Copyright Law, 30 J. Marshall L. Rev. 149 (1996), Patricia L. Baade

UIC Law Review

No abstract provided.

Misappropriation Of Trade Secrets: The Last Civil Rico Cause Of Action That Works, 30 J. Marshall L. Rev. 207 (1996), Thomas P. Heed

UIC Law Review

No abstract provided.

If It Walks Like A Duck: A Proposal To Unify U.S. Customs' Treatment Of Infringing Imports, 29 J. Marshall L. Rev. 711 (1996), Keith M. Stolte

UIC Law Review

No abstract provided.

Licensing On The Global Information Infrastructure: Disharmony In Cyberspace, Raymond T. Nimmer

Northwestern Journal of International Law & Business

This article explores some of the issues in international licensing and, particularly, in the evolution of information-based contracts.

The Right Of Publicity Versus Free Speech In Advertising: Some Counter-Points To Professor Mccarthy, Stephen R. Barnett

UC Law SF Communications and Entertainment Journal

Professor J. Thomas McCarthy, in a recently published lecture, has defended recent expansions of the right of publicity and rejected the idea of a free-speech defense that would in some cases protect the unlicensed use of a celebrity's name, likeness, or "identity" in an advertisement. In this "counter-lecture" Professor Barnett focuses on what he sees as the growing conflict between the right of publicity, as embodied in Ninth Circuit decisions such as the Vanna White and Abdul-Jabbar cases and in the Restatement (Third) of Unfair Competition, and free speech in advertising, as protected by the Supreme Court's doctrine of "commercial …

Vara's First Five Years, Simon J. Frankel

UC Law SF Communications and Entertainment Journal

This article addresses the background, provisions, and brief history of the Visual Artists Rights Act of 1990 (VARA), a federal law protecting the "moral rights" of visual artists. These non-economic rights, which give artists some control over their creations even after the works are sold, have a long history in continental Europe, but are a recent import to the United States. After American courts declined to recognize such rights under common law earlier in this century, approximately a dozen states enacted laws protecting the rights of creators of "fine art." These statutes generally protect the artist's right of integrity-to protect …

At The Interface Of Patent And Trademark Law: Should A Product Configuration Disclosed In A Utility Patent Ever Qualify For Trade Dress Protection, Kevin E. Mohr

UC Law SF Communications and Entertainment Journal

Patent law seeks to advance technological innovation by encouraging invention with a limited-duration monopoly. In return, the inventor discloses his invention, and it becomes free for the public to use upon the patent's expiration. Trademark law seeks to avoid consumer confusion by granting to the trademark owner for an indefinite period a monopoly in the use of the mark in connection with its goods. Where a product is protected by a utility patent and the product owner also seeks to protect the product's shape or design by relying on trademark law, these policies can collide. This can result in the …

Federalized Functionalism: The Future Of Design Protection In The European Union, Graeme Dinwoodie

All Faculty Scholarship

No abstract provided.

Rite-Hite Corp. V. Kelly Co.: The Federal Circuit Awards Damages For Harm Done To A Patent Not In Suit, Lisa C. Childs

Loyola University Chicago Law Journal

No abstract provided.

The Lecture Series, Mary Kay Kane

UC Law SF Communications and Entertainment Journal

No abstract provided.

Contractual Rules And Terms And The Maintenance Of Bargains: The Case Of The Fledgling Writer, Blake D. Morant

UC Law SF Communications and Entertainment Journal

A writer enters into an agreement with a publisher who is obligated to disseminate the writer's creative work. This contract often contains clauses such as indemnity provisions which seemingly protect the publisher from liability for marketing the work by shifting the risks of publication precipitously to the writer. Both parties accept this provision for disparate reasons: the writer, particularly a novice in this bargaining area, accedes to these risks either because of ignorance of the clause and its possible consequences, or a perceived lack of choice on her part; the publisher demands indemnification from the writer in the presumed belief …

Utilitarian Design Features And Antitrust Parallels: An Economic Approach To Understanding The Funtionality Defense In Trademark Litigation, M. A. Cunningham

UC Law SF Communications and Entertainment Journal

In this Article, the author addresses an issue of continuing significant concern to trade dress owners by examining the impact of a recent Supreme Court decision on the role of the functionality defense in trademark litigation. He traces the development of the functionality doctrine in the courts and identifies the convergence of the principles underlying the doctrine with the competition concerns of antitrust law. The Article concludes with recommendations for ways of employing the economic analysis used in antitrust litigation as an effective tool to resolve disputes over whether a particular combination of design features is functional.

Pinning The Blame In Cyberspace: Towards A Coherent Theory For Imposing Vicarious Copyright, Trademark And Tort Liability For Conduct Ocurring Over The Internet, Ian C. Ballon

UC Law SF Communications and Entertainment Journal

Vicarious liability, or the principle that under certain circumstances it is fair and just to hold unrelated third parties liable for conduct which they did not initiate or perhaps even condone, is both a logical outgrowth of, and impediment to, the ongoing rapid expansion of the Internet. Online infringers and tortfeasors may be more likely than others to be effectively "judgment proof," because their conduct was undertaken anonymously, they cannot satisfy a damages award, or they are located beyond the jurisdiction of a convenient and economical U.S. venue for litigation. As a consequence, and as Internet use has increased and …

Virtual Prostitution: New Technologies And The World's Oldest Profession, David Cardiff

UC Law SF Communications and Entertainment Journal

The various developing technologies that will allow entertainment consumers to receive video on demand will provide increased choice and interactivity. These technologies will also be capable of providing interactive video pornography, thus refocusing the public debate regarding obscene and indecent communications. This Note explores the capabilities of these new technologies, vis-A-vis pornographic communications, in the context of the traditional nuisance-based jurisprudence that has evolved in response to more traditional means of disseminating pornography, and in the context of the various new laws, including the Communications Decency Act of 1996, which are intended to restrict access to, and punish purveyors of, …

Caught In The Web: Entrapment In Cyberspace, Jennifer Gregg

UC Law SF Communications and Entertainment Journal

Cyberspace presents a new forum for criminal activity, including the distribution of child pornography. Law enforcement has responded with creative undercover techniques to catch on-line pedophiles and other lawbreakers. But who is policing the police? This Note applies existing entrapment law to police deception in this novel setting, discusses the current state of the law, and demonstrates that the judicially created doctrine is inadequate to curb police abuses. It suggests that legislative action is needed to modify entrapment law to accommodate the special aspects of cyberspace, and identifies the threshold issues which such legislation must address.

Blood Money: When Media Expose Others To Risk Of Bodily Harm, Sandra Davidson

UC Law SF Communications and Entertainment Journal

This Article explores application of negligence law to media that expose others to a foreseeable risk of bodily harm or death. Negligence suits are an increasing risk to the media. Several such cases are winding through the judicial system. Braun v. Soldier of Fortune and Hyde v. City of Columbia stand as precedents for media liability.

Besides surveying negligence cases brought against media, this Article explores the related areas of strict liability and incitement, which have not yet resulted in media liability. It also discusses the availability of bomb recipes on the Internet and asks whether increased dangers to physical …

Seeing Beyond The Smoke And Mirrors: A Proposal For The Abandonment Of The Commercial Speech Doctrine And An Analysis Of Recent Tobacco Advertising Regulations, Scott Joachim

UC Law SF Communications and Entertainment Journal

This Note examines the Supreme Court's struggles both in defining commercial speech and identifying the parameters of the commercial speech doctrine. The author analyzes a series of Supreme Court cases and concludes that the doctrine rests on an ill-defined notion of commercial speech and on illusory assumptions regarding the distinctions between commercial speech and more highly protected discourse such as political speech. The author concludes that the Court should abandon the commercial speech doctrine and provide commercial speech the full protections enjoyed by political speech. The Note next outlines President Clinton's and the FDA's recent tobacco advertising regulations and analyzes …

The Single Publication Rule: One Action Not One Law, Debra R. Cohen

Journal Articles

Recovery in one action under one state's law for violation of the right of publicity-the right to control the commercial use of one's identity-arising out of multistate publication2 seems to be the trend of the nineties. When Samsung ran a nationwide print advertisement for VCRs depicting a robot dressed to resemble her, Vanna White sued for violation of her right of publicity.3 Under California law she recovered $403,000. 4 When a SalsaRio Doritos radio commercial imitating Tom Waits's distinctive raspy and gravelly voice aired nationwide, he sued Frito Lay for violation of his right of publicity.5 Under California law he …

Patents: Help Or Hindrance To Technology Transfer?, Rebecca S. Eisenberg

Book Chapters

Intellectual property is a broad heading used to refer to a wide variety of rights associated with inventions, discoveries, writings, artistic works, product designs, and designations of the source of goods and services. Patents and trade secrets are the most important of these sorts of intellectual properties in the field of biotechnology. One aspect of intellectual property that distinguishes it sharply from other forms of property-and for some people makes it harder to justify-is that intellectual properties may be possessed and used by many people simultaneously. This is not so for tangible property. If someone borrows my car, I cannot …

Of Seeds And Shamans: The Appropriation Of The Scientific And Technical Knowledge Of Indigenous And Local Communities, Naomi Roht-Arriaza

Faculty Scholarship

No abstract provided.

Combating Impunity: Some Thoughts On The Way Forward, Naomi Roht-Arriaza

Faculty Scholarship

No abstract provided.

Introduction Of Daniel Schorr, Betty Medsger

UC Law SF Communications and Entertainment Journal

No abstract provided.

The First Amendment Under Pressure, Daniel Schorr

UC Law SF Communications and Entertainment Journal

No abstract provided.

What Are The Limitations On Freedom Of The Press, Daniel Schorr

UC Law SF Communications and Entertainment Journal

No abstract provided.

Diversity And Minority Stereotyping In The Television Media: The Unsettled First Amendment Issue, Patricia M. Worthy

UC Law SF Communications and Entertainment Journal

Racial dissention and divisiveness continue to be among the most destructive and debilitating aspects of our society. Social scientists have raised serious questions about the role that television has played both in increasing the level of violence and intensity of racial disharmony in America. Most findings reveal that ethnic minorities are still negatively stereotyped as "criminals," "dangerous characters," or "clowns." The research literature also suggests that media distortions negatively impact the self-esteem of African- American children and may preclude them from achieving self-actualization or impede their ability to realize their full potential. In response to these and other concerns, the …

Markman And Hilton Davis, The Federal Circuit Strikes And Awkward Balance: The Roles Of The Judge And Jury In Patent Infringement Suits, Jason Scully

UC Law SF Communications and Entertainment Journal

The Court of Appeals for the Federal Circuit recently rendered two decisions which represent a compromise between increasing the power of the judge and maintaining a role for the jury. This Note. with reference to studies in juror comprehension and improved trial techniques, explores whether the court struck an appropriate balance.