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Articles 241 - 270 of 317
Full-Text Articles in Intellectual Property Law
Westchester Media Co. L.P., Et Al. V. Prl Usa Holdings, Inc.: The Fight Over The Name, Polo, Jon D. Marans
Westchester Media Co. L.P., Et Al. V. Prl Usa Holdings, Inc.: The Fight Over The Name, Polo, Jon D. Marans
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Introduction, Gregory P. Magarian
Introduction, Gregory P. Magarian
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Discussion On The Record Industry's Perspective, Kevon Glickman
Discussion On The Record Industry's Perspective, Kevon Glickman
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Disruptive Technology And Common Law Lawmaking: A Brief Analysis Of A&(And)M Records, Inc. V. Napster, Inc., Michael W. Carroll
Disruptive Technology And Common Law Lawmaking: A Brief Analysis Of A&(And)M Records, Inc. V. Napster, Inc., Michael W. Carroll
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Napster: The Case For The Need For A Missing Direct Infringer, Llewellyn Joseph Gibbons
Napster: The Case For The Need For A Missing Direct Infringer, Llewellyn Joseph Gibbons
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Is Proof Of Access Still Required - Proving Copyright Infringement Using The Strikingly Similar Doctrine: An Analysis Of The Fourth Circuit's Decision In Bouchat V. Baltimore Ravens, Inc., Henry J. Lanzalottie
Is Proof Of Access Still Required - Proving Copyright Infringement Using The Strikingly Similar Doctrine: An Analysis Of The Fourth Circuit's Decision In Bouchat V. Baltimore Ravens, Inc., Henry J. Lanzalottie
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
No Room For Cheers: Schizophrenic Application In The Realm Of Right Of Publicity Protection, Jennifer Y. Choi
No Room For Cheers: Schizophrenic Application In The Realm Of Right Of Publicity Protection, Jennifer Y. Choi
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
The Secret Of Our Success: The Sixth Circuit Interprets The Proof Requirement Under The Federal Trademark Dilution Act In V Secret Catalogue V. Moseley, Jennifer Hemerly
The Secret Of Our Success: The Sixth Circuit Interprets The Proof Requirement Under The Federal Trademark Dilution Act In V Secret Catalogue V. Moseley, Jennifer Hemerly
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Digital Regulation And The Impact On Education, Valerie Sarigumba
Digital Regulation And The Impact On Education, Valerie Sarigumba
Public Interest Law Reporter
No abstract provided.
Copyright Infringement And Peer-To-Peer Technology, Niels Schaumann
Copyright Infringement And Peer-To-Peer Technology, Niels Schaumann
Faculty Scholarship
In this article, I will analyze the activities of peer-to-peer ("P2P") users to determine more precisely which, if any, of their actions infringe copyright. In Part II, I will describe the process of copyright lawmaking and the recent evolution of copyright law in response to technology. This discussion will include a brief description of conventional and P2P network technology. A copyright analysis of user activities on P2P networks follows in Part III, where I argue that the nature of copyright legislation requires courts to be especially careful and precise in determining the contours of infringing noncommercial conduct by members of …
International Jurisdiction And Enforcement Of Judgments In The Era Of Global Networks: Irrelevance Of, Goals For, And Comments On The Current Proposals, Jonathan A. Franklin, Roberta J. Morris
International Jurisdiction And Enforcement Of Judgments In The Era Of Global Networks: Irrelevance Of, Goals For, And Comments On The Current Proposals, Jonathan A. Franklin, Roberta J. Morris
Librarians' Articles
Last fall a Symposium at Chicago-Kent College of Law entitled "Constructing International Intellectual Property Law: The Role of National Courts," held on October 18-19, 2001, brought together scholars interested in a group of problems related to the relationship between harmonized rules of international civil procedure and diverse nationally-based rules of intellectual property. Subsequently, extensive discussions between the authors developed this Article into its present form.
Dna Patenting And Access To Healthcare: Achieving The Balance Among Competing Interests, Melissa E. Horn
Dna Patenting And Access To Healthcare: Achieving The Balance Among Competing Interests, Melissa E. Horn
Cleveland State Law Review
Increasing evidence suggests that the biotechnology industry's interest in generating revenue and the public's desire to obtain the best healthcare may be at odds. The patenting of genetic information is at the core of this debate. Most, if not all, of the products of the biotech industry's research are patentable. Historically, patents have been justified on the grounds that they are needed to create an incentive for researchers and companies to invest time and money in projects that have uncertain outcomes. In the biotechnology arena, patents do not simply encourage innovation and allow innovators to recoup their costs. Patents can …
Liberty And Property In The Patent Law, John R. Thomas
Liberty And Property In The Patent Law, John R. Thomas
Georgetown Law Faculty Publications and Other Works
Patents have seldom troubled civil libertarians. A specialized form of property, patents seemed pertinent to the technologies of traditional industry but little else. Patent instruments offered their readers mere technical documentation; patent cases presented no more than the mapping of a text onto an instantiated artifact; patent policy was principally oriented toward economic optimization of the length and scope of protection. Unbound from technology, contemporary patent law now seems a more robust discipline. Modern patent instruments appropriate a diverse array of techniques that span the entire range of human endeavor. Patent claims, cut loose from physical moorings, have grown more …
Intellectual Property Issues In Plant Breeding And Plant Biotechnology, Mark D. Janis
Intellectual Property Issues In Plant Breeding And Plant Biotechnology, Mark D. Janis
Articles by Maurer Faculty
No abstract provided.
Safe Harbors Against The Liability Hurricane: The Communications Decency Act And The Digital Millennium Copyright Act, Jonathan Band, Matthew Schruers
Safe Harbors Against The Liability Hurricane: The Communications Decency Act And The Digital Millennium Copyright Act, Jonathan Band, Matthew Schruers
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Internet Television And Copyright Licensing: Balancing Cents And Sensibility, Michael A. Einhorn
Internet Television And Copyright Licensing: Balancing Cents And Sensibility, Michael A. Einhorn
Cardozo Arts & Entertainment Law Journal
No abstract provided.
One Step Forward, Two Steps Back: An Historical Analysis Of Copyright Liability, Matt Jackson
One Step Forward, Two Steps Back: An Historical Analysis Of Copyright Liability, Matt Jackson
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Singing Machines: Boy Bands And The Struggle For Artistic Legitimacy, Maria A. Sanders
Singing Machines: Boy Bands And The Struggle For Artistic Legitimacy, Maria A. Sanders
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Toward A "New Deal" For Copyright In The Information Age, Pamela Samuelson
Toward A "New Deal" For Copyright In The Information Age, Pamela Samuelson
Michigan Law Review
Jessica Litman believes the public needs a very good copyright lawyer, and if I have not mistaken her intentions, she is volunteering for the job (pp. 70-73). A century of Congressional deference to industry-negotiated compromises has produced, she argues, a copyright law that is both incomprehensible and unfair. This incomprehensibility might be tolerable if copyright law governed only commercial relations among industry participants, all of whom have copyright counsel. To the extent that copyright law applies to the conduct of ordinary persons, its incomprehensibility presents serious difficulties. Moreover, to the extent that copyright law makes illegal many ordinary activities of …
Patent Law: Attorney-Client Privilege In Patent Litigation: Did The Federal Circuit Go Far Enough With In Re Spalding Sports Worldwide?, Matthew R. Rodgers
Patent Law: Attorney-Client Privilege In Patent Litigation: Did The Federal Circuit Go Far Enough With In Re Spalding Sports Worldwide?, Matthew R. Rodgers
Oklahoma Law Review
No abstract provided.
Two Wrongs Making A Right: Using The Third And Ninth Circuits For A Uniform Standard Of Fame In Federal Dilution Law, Scott Harvison
Two Wrongs Making A Right: Using The Third And Ninth Circuits For A Uniform Standard Of Fame In Federal Dilution Law, Scott Harvison
Seattle University Law Review
This Comment contains six main parts. Part II analyzes the Lanham Act of 19461 and the likelihood of confusion standard, which led to the enactment of the FTDA. Part III briefly examines the history of dilution and then looks at the FTDA. Part IV focuses on the FTDA's legislative history and intent. In light of the discussion in the foregoing parts, Part V examines differing interpretations of fame as demonstrated by the decisions by the Third and Ninth Circuits, which illustrate and incorporate the differing interpretations of the FTDA among other circuits. In Part VI, this Comment concludes by proposing …
The Intersection Of Intellectual Property And Antitrust Law: In Re Independent Service Organizations Antitrust Litigation, Matthew G. Jacobs, Michael S. Mireles
The Intersection Of Intellectual Property And Antitrust Law: In Re Independent Service Organizations Antitrust Litigation, Matthew G. Jacobs, Michael S. Mireles
McGeorge School of Law Scholarly Articles
No abstract provided.
Case Analysis - In Re Buspirone Patent And Antitrust Litigation, Tim Meade
Case Analysis - In Re Buspirone Patent And Antitrust Litigation, Tim Meade
Richmond Journal of Law & Technology
Section 1 of the Sherman Act criminalizes any conspiracy to restrain trade or commerce within the United States or with foreign nations. Section 2 of the Sherman Act criminalizes any attempt to monopolize any part of trade or commerce within the Unites Stated or with foreign nations.
How Extra-Copyright Protection Of Databases Can Be Constitutional, Justin Hughes
How Extra-Copyright Protection Of Databases Can Be Constitutional, Justin Hughes
Articles
Following the Supreme Court's 1991 Feist decision, intellectual property and Constitutional law scholars have debated whether extra-copyright protection of databases can be established by Congress under its Commerce Clause power. This article presents the problem as one of the gravitational zone of the Commerce Clause versus that of the Copyright and Patent Clause. The article reasons that the Supreme Court decisions in International News Service v. Associated Press, Zacchini v. Scripps-Howard, and the 19th century Trademark Cases all point to the possibility of limited protection of databases under the Commerce Clause. The Article also considers the constitutionality of extra-copyright protection …
Toward A Nonzero-Sum Approach To Resolving Global Intellectual Property Disputes: What Can We Learn From Mediators, Business Strategists, And International Relations Theorists, Peter K. Yu
Articles
All societies, communities, organizations, and interpersonal relationships experience conflict at one time or another in the process of dayto-day interaction. Conflict is not necessarily bad, abnormal, or dysfunctional; it is a fact of life. Conflict and disputes exist when people are engaged in competition to meet goals that are perceived to be, or actually are, incompatible. However, conflict may go beyond competitive behavior and acquire the additional purpose of inflicting physical or psychological damage on an opponent, even to the point of destruction. It is then that the negative and harmful dynamics of conflict exact their full costs.
Broke Or Exploited: The Real Reason Behind Artist Bankruptcies, Risa C. Letowsky
Broke Or Exploited: The Real Reason Behind Artist Bankruptcies, Risa C. Letowsky
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Replaying The Betamax Case For The New Digital Vcrs: Introducing Tivo To Fair Use, Matthew W. Bower
Replaying The Betamax Case For The New Digital Vcrs: Introducing Tivo To Fair Use, Matthew W. Bower
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Collective Management Of Copyright And Neighboring Rights In Canada: An International Perspective, Daniel J. Gervais
Collective Management Of Copyright And Neighboring Rights In Canada: An International Perspective, Daniel J. Gervais
Vanderbilt Law School Faculty Publications
It is a generally held view that copyright in civil law countries is a child of the French Revolution and should be considered an inalienable right of the author, a human right in other words. In fact, it is enshrined in the Universal Declaration of Human Rights of 1948. Granted, in several cases the economic component of the right is transferred to, e.g., a publisher or a producer, but it remains, at source, a right of the author, the creator of the protected work (or object of a related right). By contrast, one often hears that, in common law jurisdictions, …
Common Law And Statutory Restrictions On Access: Contract, Trespass, And The Computer Fraud And Abuse Act, Maureen A. O'Rourke
Common Law And Statutory Restrictions On Access: Contract, Trespass, And The Computer Fraud And Abuse Act, Maureen A. O'Rourke
Faculty Scholarship
Is copyright law relevant to the terms of access to information? Certainly, few would seriously contend that breaking into a locked filing cabinet to obtain access to a manuscript is not sanctionable, even if the intruder had some purpose that copyright law would applaud with respect to the information contained in the manuscript itself. Many instinctively believe that one must pay the asking price and respect the terms that accompany a copyrighted work or face the consequences under some set of laws like copyrights or contracts. In short, society likely generally believes that market forces regulate the conditions of access …
Toward A Nonzero-Sum Approach To Resolving Global Intellectual Property Disputes: What Can We Learn From Mediators, Business Strategists, And International Relations Theorists, Peter K. Yu
Faculty Scholarship
Countries differ in terms of their levels of wealth, economic structures, technological capabilities, political systems, and cultural tradition. No two countries have the same needs or goals. As a result, policymakers face different political pressures and make different value judgments as to what would best promote the creation and dissemination of intellectual works in their own countries. These uncoordinated judgments eventually result in a conflicting set of intellectual property laws around the world.
As countries become increasingly interdependent in this globalized economy, these conflicting laws create tension and sometimes result in disputes. To minimize differences and prevent conflicts, countries use …