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Intellectual Property Law Commons™

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2002

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Articles 1 - 30 of 317

Full-Text Articles in Intellectual Property Law

Patentable Subject [Anti]Matter, Kristoffer Leftwich Dec 2002

Patentable Subject [Anti]Matter, Kristoffer Leftwich

Duke Law & Technology Review

The statements, "The laws of nature," "the principles of nature," "the fundamental truths," etc., are not patentable, have been oft repeated but seldom understandingly used. They have led to misunderstanding and much confusion, not limited to members of the bar. In fact, the words... are all words of broad and also elastic meaning and are frequently used carelessly and without any attempt at refined distinctions.

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Internet Service Provider Liability For Contributory Trademark Infringement After Gucci, Gregory C. Walsh Dec 2002

Internet Service Provider Liability For Contributory Trademark Infringement After Gucci, Gregory C. Walsh

Duke Law & Technology Review

[I]f a manufacturer or distributor intentionally induces another to infringe a trademark, or if it continues to supply its product to one whom it knows or has reason to know is engaging in trademark infringement, the manufacturer or distributor is contributorially responsible for any harm done as a result of the deceit.

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From Sterne And Borges To Lost Storytellers: Cyberspace, Narrative, And Law, Shulamit Almog Dec 2002

From Sterne And Borges To Lost Storytellers: Cyberspace, Narrative, And Law, Shulamit Almog

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Prior Restraints And Intellectual Property: The Clash Between Intellectual Property And The First Amendment From An Economic Perspective, Andrew Beckerman-Rodau Dec 2002

Prior Restraints And Intellectual Property: The Clash Between Intellectual Property And The First Amendment From An Economic Perspective, Andrew Beckerman-Rodau

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Cross-Ownershipís Last Stand? The Federal Communication Commissionís Proposal Concerning The Repeal Of The Newspaper/Broadcast Cross- Ownership Rule , Judith C. Aarons Dec 2002

Cross-Ownershipís Last Stand? The Federal Communication Commissionís Proposal Concerning The Repeal Of The Newspaper/Broadcast Cross- Ownership Rule , Judith C. Aarons

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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The Nba Strategy Of Broadcast Television Exposure: A Legal Application, John A. Fortunato Dec 2002

The Nba Strategy Of Broadcast Television Exposure: A Legal Application, John A. Fortunato

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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The Battle Of The Music Industry: The Distribution Of Audio And Video Works Via The Internet, Music And More, David Balaban Dec 2002

The Battle Of The Music Industry: The Distribution Of Audio And Video Works Via The Internet, Music And More, David Balaban

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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The Right To A Jury Trial In Actions For Patent Infringement And Suits For Declaratory Judgement, Brian D. Coggio, Timothy E. Demasi Dec 2002

The Right To A Jury Trial In Actions For Patent Infringement And Suits For Declaratory Judgement, Brian D. Coggio, Timothy E. Demasi

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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If Per Se Is Dying, Why Not In Tv Tying? A Case For Adopting The Rule Of Reason Standard In Television Block- Booking Arrangements, Nicole Labletta Dec 2002

If Per Se Is Dying, Why Not In Tv Tying? A Case For Adopting The Rule Of Reason Standard In Television Block- Booking Arrangements, Nicole Labletta

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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The Digital Millennium Copyright Act: Preserving The Traditional Copyright Balance, Christine Jeanneret Dec 2002

The Digital Millennium Copyright Act: Preserving The Traditional Copyright Balance, Christine Jeanneret

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Understanding The Market For Celebrity: An Economic Analysis Of The Right Of Publicity, Vincent M. De Gradpre Dec 2002

Understanding The Market For Celebrity: An Economic Analysis Of The Right Of Publicity, Vincent M. De Gradpre

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Should Canada Enact A New Sui Generis Database Right? , C.D. Freedman Dec 2002

Should Canada Enact A New Sui Generis Database Right? , C.D. Freedman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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The Patentability Of Transgenic Animals In The United States Of America And The European Union: A Proposal For Harmonization, Jerzy Koopman Dec 2002

The Patentability Of Transgenic Animals In The United States Of America And The European Union: A Proposal For Harmonization, Jerzy Koopman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Beyond The Cheese: Discerning What Causes Dilution Under 15 U.S.C. 1125(C)–A Recomendation To Whittle Away The Liberal Application Of Trademark Dilution To Internet Domain Names, Matthew D. Caudill Dec 2002

Beyond The Cheese: Discerning What Causes Dilution Under 15 U.S.C. 1125(C)–A Recomendation To Whittle Away The Liberal Application Of Trademark Dilution To Internet Domain Names, Matthew D. Caudill

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Domain Name Disputes Under The Acpa In The New Millennium: When Is Bad Faith Intent To Profit Really Bad Faith And Has Anything Changed With The Acpa’S Inception? , Adam Silberlight Dec 2002

Domain Name Disputes Under The Acpa In The New Millennium: When Is Bad Faith Intent To Profit Really Bad Faith And Has Anything Changed With The Acpa’S Inception? , Adam Silberlight

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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The Random Muse: Authorship And Indeterminacy, Alan R. Durham Dec 2002

The Random Muse: Authorship And Indeterminacy, Alan R. Durham

William & Mary Law Review

No abstract provided.

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The Anti-Monopoly Origins Of The Patent And Copyright Clause, Tyler T. Ochoa, Mark Rose Dec 2002

The Anti-Monopoly Origins Of The Patent And Copyright Clause, Tyler T. Ochoa, Mark Rose

Faculty Publications

The British experience with patents and copyrights prior to 1787 is instructive as to the context within which the Framers drafted the Patent and Copyright Clause. The 1624 Statute of Monopolies, intended to curb royal abuse of monopoly privileges, restricted patents for new inventions to a specified term of years. The Stationers' Company, a Crown-chartered guild of London booksellers, continued to hold a monopoly on publishing, and to enforce censorship laws, until 1695. During this time, individual titles were treated as perpetual properties held by booksellers. In 1710, however, the Statute of Anne broke up these monopolies by imposing strict …

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Copyright And Fair Use In Law Office Libraries, James S. Heller Dec 2002

Copyright And Fair Use In Law Office Libraries, James S. Heller

Library Staff Publications

No abstract provided.

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Criminal Copyright Infringement, I. Trotter Hardy Dec 2002

Criminal Copyright Infringement, I. Trotter Hardy

William & Mary Bill of Rights Journal

No abstract provided.

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The U.S. Supreme Court Hears The Mickey Mouse Case, L. Ray Patterson Dec 2002

The U.S. Supreme Court Hears The Mickey Mouse Case, L. Ray Patterson

Popular Media

The case of Eldred v. Ashcroft, argued before the U. S. Supreme Court on October 9, 2002, is the most important copyright case since 1834, when the court decided its first, Wheaton v. Peters. In Wheaton, the court ruled that under the Copyright Clause of the U.S. Constitution only Congress can grant copyright for published works. In Eldred, the court will decide the scope of Congress’ copyright power. May Congress grant, in the words of the Copyright Clause, copyright only for a "limited time" or may Congress extend the time already granted for existing copyrights? This is what Congress did …

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4th Annual Computer & Technology Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law Nov 2002

4th Annual Computer & Technology Law Institute, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the 4th Annual Computer & Technology Law Institute held by UK/CLE in November 2002.

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Copyright And Time: A Proposal, Joseph P. Liu Nov 2002

Copyright And Time: A Proposal, Joseph P. Liu

Michigan Law Review

This Article makes a very specific and concrete proposal: it argues that courts should adjust the scope of copyright protection to account for the passage of time by expressly considering time as a factor in fair use analysis. More specifically, this Article argues that the older a copyrighted work is, the greater the scope of fair use should be - that is, the greater the ability of others to re-use, critique, transform, and adapt the copyrighted work without permission of the copyright owner. Conversely, the newer the work, the narrower the scope of fair use. Or, even more concretely, this …

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Promoting Progress Or Rewarding Authors? Copyright Law And Free Speech In Bonneville International Corp. V. Peters, Edward L. Carter Nov 2002

Promoting Progress Or Rewarding Authors? Copyright Law And Free Speech In Bonneville International Corp. V. Peters, Edward L. Carter

BYU Law Review

No abstract provided.

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Technology Law, J. Douglas Cuthbertson, Glen L. Gross Nov 2002

Technology Law, J. Douglas Cuthbertson, Glen L. Gross

University of Richmond Law Review

No abstract provided.

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Best Mode: A Plea To Repair Or Sacrifice This Broken Requirement Of United States Patent Law, Steven B. Walmsley Oct 2002

Best Mode: A Plea To Repair Or Sacrifice This Broken Requirement Of United States Patent Law, Steven B. Walmsley

Michigan Telecommunications & Technology Law Review

An inventor's obligation to disclose the best mode of her invention is strong consideration in the U.S. patent bargain, but the courts paradoxically define the scope of that obligation, thus rendering the enforcement of U.S. patents unreasonably unpredictable. If an inventor cannot reasonably foresee the scope of her obligation to disclose invention details, then she is subjected to the costs and risks of either overcompliance or undercompliance with the best mode requirement. The scope of the best mode requirement should either be reliably defined by an en banc ruling of the Court of Appeals for the Federal Circuit, or the …

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Traffix Devices, Inc. V. Marketing Desplays, Inc.: The Problem With Trade Dress Protection For Expired Utility Patents, Keeley Canning Luhnow Oct 2002

Traffix Devices, Inc. V. Marketing Desplays, Inc.: The Problem With Trade Dress Protection For Expired Utility Patents, Keeley Canning Luhnow

Buffalo Intellectual Property Law Journal

No abstract provided.

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The Criminalization Of Bootlegging: Unnecessary And Unwise, Lee H. Rousso Oct 2002

The Criminalization Of Bootlegging: Unnecessary And Unwise, Lee H. Rousso

Buffalo Intellectual Property Law Journal

In 1994 the United States extended copyright-like protection to live musical performances by adopting 17 U.S. C. §1101, which authorizes civil remedies that are the same as those for copyright infringement, and 18 U.S.C. §2319A, which subjects violators to fines and prison terms. These new statutes, referred to jointly as the "anti-bootlegging statute," led to raids of record stores and "sting" operations aimed at persons involved in the manufacture and distribution of live concert recordings. This Comment argues that the benefit to society of having these live recordings in circulation outweighs the minimal economic damage incurred by the music industry. …

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Cybersquatting In Thailand: The Thai Trademark Act And The Uniform Domain Name Dispute Resolution Policy, Areeya Ratanayu Oct 2002

Cybersquatting In Thailand: The Thai Trademark Act And The Uniform Domain Name Dispute Resolution Policy, Areeya Ratanayu

Buffalo Intellectual Property Law Journal

No abstract provided.

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Belling The Cat, Virtually: Review Of Stuart Biegel's Beyond Our Control?, Shubha Ghosh Oct 2002

Belling The Cat, Virtually: Review Of Stuart Biegel's Beyond Our Control?, Shubha Ghosh

Buffalo Intellectual Property Law Journal

No abstract provided.

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Business Method Patents And Their Limits: Justifications, History, And The Emergence Of A Claim Construction Jurisprudence, Nicholas A. Smith Oct 2002

Business Method Patents And Their Limits: Justifications, History, And The Emergence Of A Claim Construction Jurisprudence, Nicholas A. Smith

Michigan Telecommunications & Technology Law Review

Scholars, practitioners, and even popular media spilled much ink over business method patents in the late 1990s, eager to discuss the shift in jurisprudence that enabled patent holders to enforce business method patents for the first time. Since that initial period of excitement--during which businesses filed record numbers of applications for business method patents, and numerous articles tracing the doctrinal shift were published--commentators have written little on the topic. Various patent holders, however, have since litigated business method patent claims. During these first few years after judicial endorsement of business method patents, such litigation has focused on the scope of …

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