Intellectual Property Law Commons^™

No More Clowning Around: Ringling Bros.-Barnum & (And) Bailey Combined Shows, Inc. V. Utah Division Of Travel Development Evaluates The Federal Trademark Dilution Act, Christina M. Bidlingmaier

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Web Word War (Www): A New Approach To Trademark Infringement And Unfair Competition Claims Under The Lanham Act In Brookfield Communications, Inc. V. West Coast Entertainment Corp., Melissa M. Mcgann

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Where Have You Gone, Fair Use: Document Delivery In The For-Profit Sector, James S. Heller

Library Staff Publications

No abstract provided.

The Emerging Law Of The Digital Domain And The Contract/Ip Interface: An Antipodean Perspective, Samuel K. Murumba

Faculty Scholarship

No abstract provided.

Proprietary Rights And Why Initial Allocations Matter, Clarisa Long

Faculty Scholarship

Initial allocations of proprietary rights matter because who starts out holding the rights helps determine who ends up holding the rights. In patent law, proprietary rights are granted to those who are first to invent. But entities who win the race to patent an invention are not necessarily the final, or best, or most efficient users of the technology. If proprietary rights, particularly patents on basic research results, could be traded efficiently so that downstream innovators could obtain them from initial rights holders easily, then initial allocations of proprietary rights would not matter so much. Transferring proprietary rights is costly, …

A Theory Of Claim Interpretation, Craig Allen Nard

Faculty Publications

This article explores the proper scope of judicial power in patent law by focusing on the Federal Circuit's theories of claim interpretation. A study of the court's claim interpretation jurisprudence reveals two schools of interpretation. I characterize these approaches as (1) hypertextualism, which is the predominant interpretative theory; and (2) pragmatic textualism, which is gradually asserting itself. The hypertextualist judge has an expansive view of judicial power, characterizing claim interpretation as a question of law subject to de novo review. This highly formalistic approach stresses textual fidelity and internal textual coherence, but eschews extrinsic evidence as an interpretive tool, portraying …

From International Treaties To Internet Norms: The Evolution Of International Trademark Disputes In The Internet Age, Ajay K. Mehrotra, Marcelo Halpern

Articles by Maurer Faculty

In today's dynamic, digital economy, there is a global clash between geographically bounded intellectual property rights and the limitless reach of the Internet. Traditionally, discrepancies in international intellectual property rights, such as trademark disputes, have been resolved through time-consuming, multilateral state-to-state treaty negotiations that have global harmonization as the primary goal.

With the explosion of e-commerce and the birth of a New Economy, however, such a traditional process is no longer economically viable. Instead, a new approach towards international intellectual property is fast emerging - one that rests not on treaties between multiple states, but on the private contracting of …

Inter Partes Patent Reexamination, Mark D. Janis

Articles by Maurer Faculty

No abstract provided.

The Screenwriter's Indestructible Right To Terminate Her Assignment Of Copyright: Once A Story Is "Pitched," A Studio Can Never Obtain All Copyrights In The Story, Michael H. Davis

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Complexity And Copyright In Contradiction, Michael J. Madison

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Roman Law Roots Of Copyright, Russ Ver Steeg

Maryland Law Review

No abstract provided.

Strategic Disclosure In The Patent System, Douglas Lichtman, Scott Baker, Kate Kraus

Scholarship@WashULaw

Patent applications are evaluated in light of the prior art. What this means is that patent examiners evaluate a claimed invention by comparing it with what in a rough sense corresponds to the set of ideas and inventions already known to the public. This is done for three reasons. First, the comparison helps to ensure that patents issue only in cases where an inventor has made a non-trivial contribution to the public's store of knowledge. Second, it protects a possible reliance interest on the part of the public since, once an invention is widely known, members of the public might …

Owning The Secret Of Life: Biotechnology And Property Rights Revisited, Kojo Yelpaala

McGeorge School of Law Scholarly Articles

No abstract provided.

The Public Choice Of Choice Of Law In Software Transactions: Jurisdictional Competition And The Dim Prospects For Uniformity, Edward J. Janger

Faculty Scholarship

No abstract provided.

Using The Digital Millennium Copyright Act To Limit Potential Copyright Liability Online, Jonathan A. Friedman, Francis M. Buono

Richmond Journal of Law & Technology

Any online service provider ("OSP"), including a website operator, that accepts user postings or includes content from other parties on its website or online service is at risk that it will be held liable if such third-party content infringes the copyright of another party. Liability for copyright infringement is an expensive proposition and can run into the millions of dollars. Thus, an OSP must be vigilant in limiting its potential liability in connection with such third-party content.

Praying For Relief: The Impact Of Secular Organizations On Internet And Trademark Law, Ramona Leigh Taylor

Richmond Journal of Law & Technology

"The creation and rapid growth of the Internet have been 'hailed' [as] one of the greatest technological advances in recent history,” remarked one scholar of Internet law and jurisdiction. The Ninth Circuit Court of Appeals characterizes the Internet as "a global network of interconnected computers allow[ing] individuals and organizations around the world to communicate with one another." It is, therefore, not surprising that the Internet impacts every aspect of our daily lives. The Web is the fastest growing part of the Internet, and thus, an important mechanism for commerce. Authors Joseph Zammit and Lynette Herscha explain, "[t]he rapid growth in …

Administrative Procedure Act Standards Governing Judicial Review Of Findings Of Fact Made By The Patent And Trademark Office, Peter J. Corcoran Iii

Richmond Journal of Law & Technology

The United States Patent and Trademark Office (the "PTO") is one of the oldest agencies in the American administrative system. Throughout the history of the United States Court of Appeals for the Federal Circuit ("Federal Circuit") and its predecessor courts, the factual decisions of the PTO administrative boards have been reviewed by the same standard that is applied to decisions of district courts. The standard that has been used is the "clearly erroneous" standard, and its use to review PTO decisions dates back over one hundred years.

Letter From The Editor, Dharmesh Vashee

Richmond Journal of Law & Technology

Welcome to the second issue of The Richmond Journal of Law and Technology's seventh publication term. As we near the halfway point of this term, the Journal is stronger than ever. Our continued growth and success is due in large part to the dedication of our staff and Editorial Board. This year we will publish four issues and will hold a symposium on the soon-to-be-enacted Uniform Computer Information Transactions Act ("UCITA"). The symposium will be held on March 2, 2001. Registration for and information on the symposium will be available on our website soon.

Business Method Patents, John J. Love

Richmond Journal of Law & Technology

Good morning, it's a pleasure to be here alive. We just participated in the daily road race from Washington to Richmond that many of you do every day. The first question I've been asked to deal with is why do we have patents? Of course we're very proud of fact that the PTO's origins date back the Constitution itself. In Article I Section 8 of the Constitution, the framers specifically gave Congress the power to grant inventors, for a limited time, the exclusive right to their inventions. So this is not a product of the industrial revolution but dates back …

Copyright At The Supreme Court: A Jurisprudence Of Deference, Marci A. Hamilton

Articles

No abstract provided.

Rap Music And De Minimis Copying: Applying The Ringgold And Sandoval Approach To Digital Samples, Brett I. Kaplicer

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Paradoxes Of Free Software, Stephen M. Mcjohn

Suffolk University Law School Faculty Works

This paper describes the legal structure of open source software and analyzes the likely issues to arise. A combination of copyright law and trademark law serves to permit the free distribution of open source software. The software is kept under copyright, but freely licensed under one of various open source licenses. The legal structure of open source is an elegant and robust use of intellectual property law that turns the customary use of intellectual property on its head, by using intellectual property laws, which normally are used to guard exclusive rights, to safeguard free access to and use of software. …

Toward A Doctrine Of Fair Use In Patent Law, Maureen A. O'Rourke

Faculty Scholarship

The intellectual property laws are becoming increasingly stressed as their largely time-worn doctrines grapple with problems posed by new technology. In this Article, Dean O'Rourke argues that this pressure has become particularly acute in patent law where policymakers have expanded protection without concomitantly evaluating the impact of that move on follow-on innovation. The traditional assumption that patentees will efficiently license their inventions is breaking down as market failures are becoming endemic. Dean O'Rourke argues that to ensure that patent law achieves its constitutional goals, it shuld, like copyright law, use a fair use defense to address problems of market failure. …

Going Private: Technology, Due Process, And Internet Dispute Resolution, Elizabeth G. Thornburg

Faculty Journal Articles and Book Chapters

Despite cliches about Internet speed, disputes that arise on and about the Internet can be time-consuming to resolve, legally murky, and factually complex. In response, Internet players with market power are opting out: mandatory arbitration is replacing both substantive law and court procedure, and technological remedies are providing self-help without any dispute resolution at all. These alternative procedures tend to move faster than courts and to cost their corporate creators less than lawsuits. They are also structured to maximize the success of the powerful. But faster is not always better. Cheap is not always fair or accurate. Market power is …

Fine-Tuning Tasini: Privileges Of Electronic Distribution And Reproduction, Wendy J. Gordon

Faculty Scholarship

The United States Court of Appeals for the Second Circuit is arguably the soundest copyright court in the nation. In Tasini v. New York Times, it handled a challenge brought by a group of freelance writers against publishers and database proprietors. The controversy, now pending in the United States Supreme Court, has wide importance because it will determine what entitlements attach to a publisher who purchases a privilege to include a freelancer's story in the publisher's magazine or newspaper. Essentially, the issue is whether a publisher, who has not purchased the story's copyright and has not obtained an explicit …

The Constitutionality Of Copyright Term Extension: How Long Is Too Long?, Jane C. Ginsburg, Wendy J. Gordon, Arthur R. Miller, William F. Patry

Faculty Scholarship

I am Professor William Patry of the Benjamin N. Cardozo School of Law. I will be the moderator of this star-studded debate on the Sonny Bono Copyright Term Extension Act.

Square Pegs And Round Holes: Why Native American Economic And Cultural Policies And United States Intellectual Property Law Don't Fit, David B. Jordan

American Indian Law Review

No abstract provided.

Publication, Musical Compositions, And The Copyright Act Of 1909: Still Crazy After All These Years, Michael B. Landau

Vanderbilt Journal of Entertainment & Technology Law

The copyright clause of the United States Constitution empowers Congress "to promote the Progress of Science and useful Arts, by Securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." The purpose of copyright law is to strike a balance between the public's desire to have free access to information and authors' rights to protection of their private works. Common law copyright somewhat reflects this balance by providing the author with perpetual protection until first publication. Federal copyright law, however, with its more limited duration for protection, better balances these competing interests. Once …

The Use Of Intellectual Property As Collateral: Gap In The Perfection Of A Security Interest, Sofia Benammar

LLM Theses and Essays

The purpose of the present thesis is to let French lawyers know which step they need to take in order to best assist their client in securing a more solid investment. Lenders want to be protected. Lenders want to be sure that they can use the intellectual property rights in a commercial environment free from superior claims by third parties. In other words, a lender who provides a large loan to a borrower wants to know how and where its security interest will be perfected and what is the best way for him to have priority over other claims. This …

Recovering Collectivity: Group Rights To Intellectual Property In Indigenous Communities, Angela R. Riley

Cardozo Arts & Entertainment Law Journal

No abstract provided.