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Intellectual Property Law Commons™

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1999

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Articles 61 - 90 of 181

Full-Text Articles in Intellectual Property Law

Trademark Vigilance In The Twenty-First Century: A Pragmatic Approach, Peter S. Sloane, Bret I. Parker, Eric A. Prager, Kathleen Donohue Mar 1999

Trademark Vigilance In The Twenty-First Century: A Pragmatic Approach, Peter S. Sloane, Bret I. Parker, Eric A. Prager, Kathleen Donohue

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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To Tax Or Not To Tax: Is A Non-Resident Tennis Player's Endorsement Income Subject To Taxation In The United States?, John J. Coneys, Jr. Mar 1999

To Tax Or Not To Tax: Is A Non-Resident Tennis Player's Endorsement Income Subject To Taxation In The United States?, John J. Coneys, Jr.

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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The Deflowering Of The Parthenon: A Legal And Moral Analysis On Why The "Elgin Marbles" Must Be Returned To Greece, Michael J. Reppas Ii Mar 1999

The Deflowering Of The Parthenon: A Legal And Moral Analysis On Why The "Elgin Marbles" Must Be Returned To Greece, Michael J. Reppas Ii

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Patent & Trademark Depository Library Association Newsletter Mar 1999

Patent & Trademark Depository Library Association Newsletter

Journal of the Patent and Trademark Resource Center Association

No abstract provided.

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Electronic Rights Management And Digital Identifier Systems, Daniel J. Gervais Mar 1999

Electronic Rights Management And Digital Identifier Systems, Daniel J. Gervais

Vanderbilt Law School Faculty Publications

The new world of digital information requires a new way of providing access to that information — while keeping the copyright backbone. It might be technically easier to create a digital infrastructure without copyright: Just throw works up on the Internet, and let anyone get to them for any purposes. But such systems have been suggested and roundly rejected by those who create and own works of value. So we need to build an electronic infrastructure that works with copyright and takes advantage of the digital environment. This paper looks at the attempts to build part of that infrastructure — …

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Zurko Raises Issue Of Patentability Standards, Thomas G. Field Jr. Feb 1999

Zurko Raises Issue Of Patentability Standards, Thomas G. Field Jr.

Law Faculty Scholarship

In re Zurko isolated one of the oldest U.S. agencies from mainstream administrative law because the Federal Circuit has chosen to review the U.S. Patent and Trademark Office more as it would a federal district court. The case is important, if only because the Supreme Court rarely treats the PTO as an agency. Also, regardless of whether the issue or the Federal Circuit itself is the primary target, the decision could have a major effect on the type of case most commonly encountered by that court.

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Necessary Protections For Famous Trademark Holders On The Internet, Gregory D. Phillips Jan 1999

Necessary Protections For Famous Trademark Holders On The Internet, Gregory D. Phillips

UC Law SF Communications and Entertainment Journal

The Internet is being catapulted to the forefront of commerce and will soon become one of the largest players in the commercial world. Famous and wellknown marks have been the special target of a variety of predatory and parasitical practices on the Internet, such as "cybersquatting" and "cyberpiracy." These practices have been exacerbated by registering domain names through offshore or fictitious entities, or by providing false or fictitious information to the registrar of the domain names, Network Solutions, Inc. This article outlines the problems of "cyberabuse" faced by famous trademark holders on the Internet, and outlines important protections that need …

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Consumer Advocacy In The Sports Industry: Recognizing And Enforcing The Legal Rights Of Sports Fans, Amy Wang Jan 1999

Consumer Advocacy In The Sports Industry: Recognizing And Enforcing The Legal Rights Of Sports Fans, Amy Wang

UC Law SF Communications and Entertainment Journal

In the business of today's sports industry, the sports fan has been relegated to the status of a second-class consumer, exercising little influence over major market decisions. This note highlights some of the more fundamental issues affecting the rights of sports fans, focusing specifically on the rights arising from ticket ownership and the rights arising from support of local teams and players.

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Should Motion Picture Studios And Filmmakers Face Tort Liability For The Acts Of Individuals Who Watch Their Films, S. Michael Kernan Jan 1999

Should Motion Picture Studios And Filmmakers Face Tort Liability For The Acts Of Individuals Who Watch Their Films, S. Michael Kernan

UC Law SF Communications and Entertainment Journal

Motion pictures are speech, just like any other form of expression. As such, the First Amendment protects filmmakers from both criminal liability and tort liability for the speech in their films. A recent opinion from Louisiana, which was denied review by the United States Supreme Court, may have a great impact on filmmaker liability. As long as a plaintiff follows a specific pleading format, filmmakers will be forced to spend the money necessary to defend against potentially frivolous lawsuits all the way through the discovery phase, up and until they prepare an expensive motion for summary judgment. This article analyzes …

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Still Adjusting To Markman: A Prescription For The Timing Of Claim Construction Hearings, William Lee, Anita Krug Jan 1999

Still Adjusting To Markman: A Prescription For The Timing Of Claim Construction Hearings, William Lee, Anita Krug

All Faculty Scholarship

In Markman v. Westview Instruments, Inc., the Supreme Court held that the interpretation of patent claims is a question of law to be determined by the court rather than a question of fact to be decided by the jury. The Court based its holding on the belief that judges are better suited than juries to address claim interpretation issues and that claim interpretation by the court would result in greater uniformity in the treatment of patents. The Markman decision, however, has confronted the district courts with a host of thorny questions, such as what evidence they may consider in their …

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Echoes Of Scientific Truth In The Halls Of Justice: The Standards Of Review Applied By The United States Court Of Appeals For The Federal Circuit In Patent-Related Matters, Lawrence M. Sung Jan 1999

Echoes Of Scientific Truth In The Halls Of Justice: The Standards Of Review Applied By The United States Court Of Appeals For The Federal Circuit In Patent-Related Matters, Lawrence M. Sung

Faculty Scholarship

No abstract provided.

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Defending Larry Flynt: Why Attacking Flynt's Outing Of Sexual Affairs Is Misguided, Clay Calvert, Robert D. Richards Jan 1999

Defending Larry Flynt: Why Attacking Flynt's Outing Of Sexual Affairs Is Misguided, Clay Calvert, Robert D. Richards

UC Law SF Communications and Entertainment Journal

No abstract provided.

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Marching To Madness: Dual Use Trademarks After Illinois High School Association V. Gte Vantage, Jonathan Berger Jan 1999

Marching To Madness: Dual Use Trademarks After Illinois High School Association V. Gte Vantage, Jonathan Berger

UC Law SF Communications and Entertainment Journal

March is the month when the college basketball season draws to a close, and the insanity associated with the championship tournaments begins. In 1996, the Court of Appeals for the Seventh Circuit ruled that the term "March Madness" existed with dual-usage. This article argues that there was no need to create the concept of the "dual-use trademark" at all, and that the existing trademark-law framework was perfectly adequate for the task of adjudicating issues such as the one presented here. This article further contends that the potential perils of dualuse trademarks far outweigh any benefits that might spring from their …

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A General Rule Of Law Is Needed To Define Public Use In Patent Cases, Katherine E. White Jan 1999

A General Rule Of Law Is Needed To Define Public Use In Patent Cases, Katherine E. White

Law Faculty Research Publications

No abstract provided.

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Publishers' Rights And Wrongs In The Cyberage, Thomas G. Field Jr. Jan 1999

Publishers' Rights And Wrongs In The Cyberage, Thomas G. Field Jr.

Law Faculty Scholarship

The author argues in favor of a continued role for traditional publishing in the context of the rise of the Internet.

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Using Alternative Dispute Resolution To Resolve Patent Litigation: A Survey Of Patent Litigators , Eugene R. Quinn, Jr. Jan 1999

Using Alternative Dispute Resolution To Resolve Patent Litigation: A Survey Of Patent Litigators , Eugene R. Quinn, Jr.

Marquette Intellectual Property Law Review

Mr. Quinn provides an empirical overview of patent litigation, after which, he notes that the true growth in patent litigation has not occurred in the courtroom trial of disputes, but in the pretrial process. He concludes that increasing reliance on alternative dispute resolution, particularly mediation, is responsible for both the dramatic number of cases terminating during the pretrial process and the constant number of patent trials. The author reports the results of a survey taken of over one hundred patent litigators. The focus of the survey was to determine the attitude of patent litigators toward mediation or arbitration and their …

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Outline Of Epstein's Possession As The Root Of Title, And Other Matters - 1999, Wendy J. Gordon Jan 1999

Outline Of Epstein's Possession As The Root Of Title, And Other Matters - 1999, Wendy J. Gordon

Scholarship Chronologically

While it may be premature to expect a full working out of detail, it is surely time enough for some semblance of a unified theory of intellectual property law to have emerged. That it has not is due to some extent to the very evil which the existence of such a theory (or the beginnings of one) would prevent, namely, the errors that opinions are heir to. Recognizing common themes would help to isolate deviations, and thus help to clarify their nature; whether in a given context a deviation is justified could then be discussed on its own merits, wihout …

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Copyright Infringement On The Internet: Can The Wild, Wild West Be Tamed?, David Allweiss Jan 1999

Copyright Infringement On The Internet: Can The Wild, Wild West Be Tamed?, David Allweiss

Touro Law Review

No abstract provided.

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The Role Of Patent Law In Poland's Transitioning Science And Technology Policy, And A Comparison With The Patent Laws Of The United States, 17 J. Marshall J. Computer & Info. L. 381 (1999), Edward H. Sikorski Jan 1999

The Role Of Patent Law In Poland's Transitioning Science And Technology Policy, And A Comparison With The Patent Laws Of The United States, 17 J. Marshall J. Computer & Info. L. 381 (1999), Edward H. Sikorski

UIC John Marshall Journal of Information Technology & Privacy Law

Poland is at a critical point in determining whether it will provide the type of intellectual property protection afforded in other countries. Based on its current programs, Poland clearly recognizes that it must improve its infrastructure. It is imperative for Poland to institute and develop new science and technology policies. As a result, Poland must pay attention to issues like privatization and intellectual property because newly privatized companies will lean on patents and other rights as footholds against their competitors. Poland must also address issues concerning physical access and communications and electronic access to the country. Poland's overall science and …

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How Can Whelan V. Jaslow And Lotus V. Borland Both Be Right? Reexamining The Economics Of Computer Software Reuse, 17 J. Marshall J. Computer & Info. L. 511 (1999), Michael Risch Jan 1999

How Can Whelan V. Jaslow And Lotus V. Borland Both Be Right? Reexamining The Economics Of Computer Software Reuse, 17 J. Marshall J. Computer & Info. L. 511 (1999), Michael Risch

UIC John Marshall Journal of Information Technology & Privacy Law

The various circuit courts of appeal have been unable to agree on the appropriate method of determining when one computer program infringes the copyright in another computer program. This article traces the differences among the circuits, proposes a model to explain what courts are doing, asserts a set of factors that simplify the analysis of determining copyright infringement, and tests those factors against seemingly irreconcilable cases. Finally, the article applies the analysis to unresolved computer software issues of today in order to predict likely outcomes.

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Yesterday's Love Letters Are Today's Best Sellers: Fair Use & The War Among Authors, 18 J. Marshall J. Computer & Info. L.141 (1999), Sonali R. Kolhatkar Jan 1999

Yesterday's Love Letters Are Today's Best Sellers: Fair Use & The War Among Authors, 18 J. Marshall J. Computer & Info. L.141 (1999), Sonali R. Kolhatkar

UIC John Marshall Journal of Information Technology & Privacy Law

This Comment will analyze how courts should interpret the four statutory factors in determining a fair use defense for once private documents, such as love letters, and how the courts need to add First Amendment and public policy concerns in deciding whether to allow the fair use. First, this Comment addresses the current definition of the fair use doctrine and its impact on unpublished works. This Comment will also address the need to create a new fair use defense test to include the First Amendment concerns of secondary authors who cannot create their works without the copyrighted information. Secondly, this …

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The Supreme Court And Patent Law: Does Shallow Reasoning Lead To Thin Law, Donald S. Chisum Jan 1999

The Supreme Court And Patent Law: Does Shallow Reasoning Lead To Thin Law, Donald S. Chisum

Marquette Intellectual Property Law Review

Professor Chisum explains that the role of the Federal Circuit Court as the "Supreme Court" of patent law may be changing. He notes the significance of recent United States Supreme Court cases addressing patent law issues. In addition, Professor Chisum evaluates the quality of recent landmark decisions in which the Court has examined patent issues. Chisum first notes that the general attitude of the Court reflects skepticism and hostility toward the patent system. In addition, Chisum considers the quality of reasoning undertaken by the Supreme Court and argues that, as opposed to the Federal Circuit, it is often weak, illogical, …

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Is This Conflict Really Necessary?: Resolving An Ostensible Conflict Between Patent Law And Federal Trademark Law, Thomas F. Cotter Jan 1999

Is This Conflict Really Necessary?: Resolving An Ostensible Conflict Between Patent Law And Federal Trademark Law, Thomas F. Cotter

Marquette Intellectual Property Law Review

Professor Cotter discusses the inherent conflict between patent and trademark law in product configuration - a species of trade dress - that is disclosed within the text of a utility patent or on which the claims of a utility patent read. Commentators have disagreed as to whether or not such disclosed features should enter the public domain upon expiration of the patent, regardless of whether they would otherwise qualify for trademark protection. Professor Cotter illustrates why the conventional belief that patents are monopolies is, in general, false. He then provides a brief overview of relevant trademark law principles. Professor next …

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A Right Without A Remedy: The Unenforceable Medical Procedure Patent , Scott D. Anderson Jan 1999

A Right Without A Remedy: The Unenforceable Medical Procedure Patent , Scott D. Anderson

Marquette Intellectual Property Law Review

Mr. Anderson discusses the current status of medical procedure patents in the United States through the examination of a survey conducted on patent law and the patentability of inventions. Mr. Anderson examines the history of medical process patents and the controversy surrounding such patents and offers an analysis of current law. The analysis focuses on the Pallin v. Singer decision and the congressional reaction to the holding that eventually led to the passage of 35 U.S.C. § 287(c). As a result of the Pallin decision and 35 U.S.C. § 287(c), a patent may be granted for a medical procedure, but …

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March-In Rights Under The Bayh-Dole Act: Public Access To Federally Funded Research , Mary Eberle Jan 1999

March-In Rights Under The Bayh-Dole Act: Public Access To Federally Funded Research , Mary Eberle

Marquette Intellectual Property Law Review

Ms. Eberle examines the Bayh-Doyle Act of 1980, which allows small entities to retain patent title to inventions arising from federally funded research. The Act includes a march-in rights provision, which permits a petitioning third party to force the small entity to grant the petitioner a license where the original licensee fails to commercialize the technology. Ms. Eberle discusses the substance of the Act, focusing on its march-in rights provision. Next, Eberle chronicles a march-in rights attempt by the biotechnology company CellPro to obtain a license to Johns Hopkins University patents and the subsequent court battle. After offering an analysis …

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The Doctrine Of Equivalents Into The Year 2000: The Line Is Becoming Brighter For Some But Remains Dim For Others, William T. Kryger Jan 1999

The Doctrine Of Equivalents Into The Year 2000: The Line Is Becoming Brighter For Some But Remains Dim For Others, William T. Kryger

Marquette Intellectual Property Law Review

Under the holding of Warner-Jenkinson Co. v. Hilton-Davis Chemical Co., a court will not limit an inventor to the sole remedy of literal infringement. The inventor may also rely on the "doctrine of equivalents," which permits finding of infringement if there is equivalence between the elements of the accused product and the claimed elements of the patented invention. With this backdrop, Mr. Kryger analyzes the courts' struggle in developing a bright-line rule to protect patentees from piracy and fraud on their patents. Mr. Kryger first chronicles the evolution of the doctrine of equivalents through caselaw, particularly Graver Tank v. Linde …

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Table Of Contents Jan 1999

Table Of Contents

Marquette Intellectual Property Law Review

None.

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Deserved Deference: Reconsidering The De Novo Standard Of Review For Claim Construction, M. Reed Staheli Jan 1999

Deserved Deference: Reconsidering The De Novo Standard Of Review For Claim Construction, M. Reed Staheli

Marquette Intellectual Property Law Review

Markman v. Westview Instruments, Inc. (Markman II) concluded that patent claim construction is "exclusively within the province of the court," not the jury. However, it did not mention the appropriate standard for appellate review of claim construction, and the Federal Circuit has disagreed on the proper standard of review. As such, Mr. Staheli examines the evidentiary principles of claim construction adopted by the Federal Circuit and explores the inherent reliance a court places upon technical evidence when interpreting a complex claim, focusing on the factual disputes and determinations of credibility that result from a dependence on technical evidence. After a …

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Notes On Trademark Monopolies, Wendy J. Gordon, Glynn S. Lunney Jr. Jan 1999

Notes On Trademark Monopolies, Wendy J. Gordon, Glynn S. Lunney Jr.

Scholarship Chronologically

Since 1742, when Lord Hardwicke seemingly equated trademark protection with monopoly in one of the first trademark cases, until the mid- 1950s, concerns that trademarks represented a form of illegitimate monopoly effectively constrained the growth of trademark protection. In the twentieth century, Edward Chamberlain became the leading proponent of the trademark as monopoly view with the publication of his work, The Theory of Monopolistic Competition, in 1933. In his work, Chamberlain argued that a trademark enabled its owner to differentiate her products and then to exclude others from using the differentiating feature. By doing so, trademark protection can effectively …

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Internet Domain Names And Trademarks: Recent Developments In Domestic And International Disputes, G. Gervaise Davis Iii Jan 1999

Internet Domain Names And Trademarks: Recent Developments In Domestic And International Disputes, G. Gervaise Davis Iii

UC Law SF Communications and Entertainment Journal

Domain name conflicts have already become a significant legal issue in the United States and are starting to be a similar problem in other nations, especially in the European Community. These disputes can easily turn into costly litigation and/or expensive negotiations over transferring the name from one owner to another, between owners of existing domain names and similar trademarks. While there are a number of pending changes in the domain name assignment procedures, it seems unlikely that the proposals will resolve anything, and in fact, the proposals will probably lead to more litigation.

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