Intellectual Property Law Commons^™

Hiding Behind Reciprocity: The Temporary Presence Exception And Patent Infringement Avoidance, Jonas Anderson

Utah Law Faculty Scholarship

The temporary presence exception provides vessels engaged in international transport with a defense to patent infringement when traveling outside of the vessel’s home nation. The exception was adopted internationally and added to the Paris Convention in an effort to (1) minimize the costs associated with transporting between various countries with distinct national patent systems and (2) eliminate international tensions arising from charges of patent infringement when in foreign lands. Although the modern enactments of the temporary presence exception further these goals, this article argues that the exception is overbroad. Specifically, this article argues that the exception’s reciprocity requirement, in concert …

Copyright And Permissions: Sometimes They're The Same, Kopana Terry

Library Presentations

No abstract provided.

Viewing Virtual Property Ownership Through The Lens Of Innovation, Ryan Vacca

Faculty Publications

Over the past several years, many scholars have wrestled with the idea of how property rights for items created in virtual worlds should be conceptualized. Some have discussed utilitarian models, others have examined a Lockean natural rights theory, and still others view virtual property merely as another form of intellectual property. Regardless of how virtual property is conceptualized and which theory it best fits, most, if not all, commentators agree that the law ought to recognize virtual property as property and vest someone with those rights.

This Article moves beyond the initial debate about how property rights in virtual property …

Permanent Injunctions In Patent Cases, Dariush Keyhani

Buffalo Intellectual Property Law Journal

No abstract provided.

Bridgeport Redux: Digital Sampling And Audience Recoding, David M. Morrison

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Disparity In Copyright Protection: Focus On The Finished Image Ignores The Art In The Details , Karen D. Williams

American University Law Review

Courts initial reactions play a major role in the assessment of copyright protection. A quick recognition of pictorial quality can result in an easy finding of originality. Based upon the extremely low threshold, such a quick summation is not surprising or necessarily refutable. However, the blanket assumption of a pictorial quality in photography creates a disparity in copyright protection for works of graphic design, like maps, which may not emit that immediate pictorial or aesthetic quality but may still employ creative choice. Those works that “scream” their pictorial nature get cursory review while the more subtle are being categorized as …

What Is Truth?: True Suspects And False Defamation, Peter B. Kutner

Fordham Intellectual Property, Media and Entertainment Law Journal

A television station reports that an individual is a suspect in a murder case. A newspaper reports that a business or charity is under investigation to determine whether it has provided funding to terrorists or terrorist organizations. It is true that the individual is a suspect in the police investigation of the murder, and that the government is investigating the business or charity for possible financial links to terrorists. However, the suspicion is wrong, or at least unprovable. As far as can be determined from the available evidence, the individual did not commit a murder, and the business or charity …

Made In China: How Chinese Counterfeits Are Creating A National Security Nightmare For The United States, Laura C. Nastase

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Continuing Evolution Of Consent And Authority In Digital Search And Seizure, Aaron Stanley

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Jurisdictional Issues In The Adjudication Of Patent Law Malpractice Cases In Light Of Recent Federal Circuit Decisions, Michael Ena

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Patently Protectionist? An Empirical Analysis Of Patent Cases At The International Trade Commission, Colleen V. Chien

William & Mary Law Review

The International Trade Commission (ITC) provides a special forum for adjudicating patent disputes involving imports. It offers several advantages over United States district courts to patentees, including relaxed jurisdictional requirements, speed, and unique remedies. Unlike district courts, the ITC almost automatically grants injunctive relief to prevailing patentees, and does not recognize certain defenses to infringement. These features have been justified as needed to prosecute foreign infringers who would otherwise evade U.S. district courts. They have also led to charges that the ITC is protectionist and unfair to defendants and that it fosters inconsistency in U.S. patent law. Based on an …

International And Comparative Aspects Of Trademark Dilution, Mark D. Janis, Peter K. Yu

Faculty Scholarship

Extract:

In the United States, trademark antidilution protection is back—maybe. Proposed by Frank Schechter in the 1920s, adopted in various incarnations in some states over the next few decades, and ultimately introduced in a slightly different form in federal trademark law in 1995, the dilution provisions drew a cool reception in the courts. By the late 1990s, an increasingly restive judiciary was constraining the federal dilution provisions in various ways, most notably by requiring mark owners to prove actual dilution in order to establish liability, a requirement endorsed by the United States Supreme Court in Moseley v. V Secret Catalogue, …

On The Continuing Misuse Of Event Studies: The Example Of Bessen And Meurer, Glynn S. Lunney Jr

Faculty Scholarship

In their book, Patent Failure: How Judges, Bureaucrats, and Lauyers Put Innovators at Risk, James Bessen and Michael Meurer present an empirical assessment of the costs and benefits of patent protection. Their conclusion is startling. For most industries, the availability of patents discourages innovation.

According to Bessen and Meurer, patents benefit innovators by providing exclusivity and thereby enabling an innovator to capture more rents or profits from their innovation than they could with lead-time or other market mechanisms alone. While innovators can obtain rents from their own Patents, they also face the threat of infringement litigation from Patents held by …

Heightened Enablement In The Unpredictable Arts, Sean B. Seymore

Vanderbilt Law School Faculty Publications

A bedrock principle of patent law is that an applicant must sufficiently disclose the invention in exchange for the right to exclude. The essential facet of the disclosure requirement is enablement, which compels a patent applicant to enable a person having ordinary skill in the art (PHOSITA) how to make and use the full scope of the claimed invention without undue experimentation. Enablement problems may arise when the applicant claims an invention broadly with a dearth of supporting data or examples. This is problematic in unpredictable fields like chemistry because a PHOSITA often needs a specific and detailed teaching in …

The Iphone And The Dmca: Locking The Hands Of Consumers, John Haubenreich

Vanderbilt Law Review

On August 24, 2007, less than two months after its initial release for sale, the Apple iPhone was unlocked, untethering the phones from the AT&T cellular network. Because AT&T has exclusive rights to provide coverage for the iPhone until the year 2010, hackers and computer enthusiasts worked feverishly to be the first to use the iPhone on a network other than AT&T. Although the practice of cell phone unlocking has been occurring for years, the tremendous public interest surrounding the launch of the iPhone focused attention on the issue like never before.

Wireless carriers can use software locks, hardware locks, …

Determining Orphan Works Vs. Public Domain Status For Print Works Published In The U.S. From 1923 Through 1977, Inclusive, David Lowe

Published Works

Document is a proposed draft of a decision tree to be used in mass digitization workflows to facilitate determining whether or not a published item (U.S. imprints only, 1923-1977) may be digitized and then given open access.

Liability For Search Engine Triggering Of Trademarked Keywords After Rescuecom, Riana Pfefferkorn

Washington Journal of Law, Technology & Arts

“Trademark keying” is the practice of buying and selling trademarked terms as keywords in search engine advertising campaigns. In September 2006, a federal district court in Rescuecom Corp. v. Google, Inc. held that the practice does not constitute trademark use, a threshold criterion in a trademark infringement claim. Since Rescuecom, the focus of trademark keying litigation has shifted, giving some guidance to potential litigants. In addition, the U.S. Court of Appeals for the Second Circuit has diverged from other circuits. While federal courts within the Second Circuit have fashioned the emerging rule that an advertiser’s internal use of trademarked …

Vol. Vi, Tab 38 - Ex. 21 - Email From Christina Aguilar, Christina Aguilar

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Is Europe Unfairly Attacking Another U.S. High Technology Company?, Robert H. Lande

All Faculty Scholarship

This short piece considers whether the EU antitrust action against Intel constitutes an example of European regulators attacking a successful US company in order to protect a European competitor, or whether it instead is an example of legitimate law enforcement.

Patentable Subject Matter Requirements: An Evaluation Of Proposed Exclusions To India's Patent Law In Light Of India's Obligations Under The Trips Agreement And Options For India, Rajnish Kumar Rai

Chicago-Kent Journal of Intellectual Property

No abstract provided.

True Or False: The Expanding "False By Necessary Implication" Doctrine In Lanham Act False Advertising, And How A Revitalized Puffery Defense Can Solve This Problem, Sarah Samuelson

Cardozo Law Review

No abstract provided.

Celebrity In Cyberspace: A Personality Rights Paradigm For Personal Domain Name Disputes, Jacqueline D. Lipton

Washington and Lee Law Review

When the Oscar-winning actress Julia Roberts fought for control of the domain name, what was her aim? Did she want to reap economic benefits from the name? Probably not, as she has not used the name since it was transferred to her. Or did she want to prevent others from using it on either an unjust enrichment or a privacy basis? Was she, in fact, protecting a trademark interest in her name? Personal domain name disputes, particularly those in the space, implicate unique aspects of an individual's persona in cyberspace. Nevertheless, most of the legal rules developedfor these disputes are …

Filtering Through A Mess: A Proposal To Reduce The Confusion Surrounding The Requirements For Standing In False Advertising Claims Brought Under Section 43(A) Of The Lanham Act, Peter S. Massaro, Iii

Washington and Lee Law Review

No abstract provided.

A Mixtape Dj's Drama: An Argument For Preemption Of Georgia's Unauthorized Reproduction Law, Jennifer Geller

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Reexamining The Functions Of Trademark Law, Mohammad Amin Naser

Chicago-Kent Journal of Intellectual Property

No abstract provided.

A Snapshot Of An Industry: The Biotechnology Sector And The Judicial Misgivings Of A General Court, Mike Rothwell

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Perfect 10 V. Visa, Mastercard, Et Al.: A Full Frontal Assault On Copyright Enforcement In Digital Media Or A Slippery Slope Diverted?, Bryan V. Swatt, Pamela C. Laucella Ph.D., Ryan M. Rodenberg J.D.

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Weak Overseas Protection For American Software Patents: The Need For A Congressional Response To Microsoft Corp. V. At & T Corp., Erika Danielle Norman

Chicago-Kent Journal of Intellectual Property

No abstract provided.

The Day The (Digital) Music Died: Bridgeport, Sampling Infringement, And A Proposed Middle Ground, Joshua Crum

BYU Law Review

No abstract provided.

New Paradigms For Protection Of Biodiversity, Srividhya Ragavan

Faculty Scholarship

The most successful bioprospecting venture was established in 1989 in Costa Rica. Interestingly, the distinction of being a forerunner in exploiting bioprospecting goes to India. In 1979, a full decade before Costa Rica, India established the TBGRI (Tropical Botanic Garden and Research Institute) at Trivandrum.

Yet, the TBGRI venture with the Kani Tribes, which had the potential to become a beacon of bioprospecting success, is showcased as the exemplar of failure. In this era of trade regime, the following paper asserts, bioprospecting ventures are important tools for developing countries. Countries like India and organizations like the TBGRI should learn from …