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Intellectual Property Law Commons™

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2008

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Articles 61 - 90 of 410

Full-Text Articles in Intellectual Property Law

Journal Of Intellectual Property Law Editorial And Managing Boards, 2008-2009, Journal Of Intellectual Property Law Aug 2008

Journal Of Intellectual Property Law Editorial And Managing Boards, 2008-2009, Journal Of Intellectual Property Law

Materials from All Student Organizations

No abstract provided.

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What If, After All, Trademarks Were Traded In Gross, Irene Calboli Aug 2008

What If, After All, Trademarks Were Traded In Gross, Irene Calboli

Research Collection Yong Pung How School Of Law

The conditions upon which trademarks should be "traded" - that is, assigned and licensed in the marketplace - have traditionally been at the center of the trademark debate. Historically, based upon the assumption that trademarks can be protected only as conveyers of commercial information and as symbols of business goodwill, trademark law has prohibited trading in trademarks "in gross" and has required that trademarks be assigned "with their goodwill" and licensed only as long as licensors control the quality of the products. Yet, these criteria have been proven controversial and difficult to enforce because they hinge on two concepts that …

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Vol. Xx, Tab 57 - Ex. 16 - Plaintiff's Opposition To Defendant's Motion For Clarification And Brief In Support (American Airlines V. Google), American Airlines Jul 2008

Vol. Xx, Tab 57 - Ex. 16 - Plaintiff's Opposition To Defendant's Motion For Clarification And Brief In Support (American Airlines V. Google), American Airlines

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?

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Vol. Vi, Tab 38 - Ex. 39 - Email From Michael Wu, Michael Wu Jul 2008

Vol. Vi, Tab 38 - Ex. 39 - Email From Michael Wu, Michael Wu

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?

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The Experimental Use Exception And Undergraduate Engineering Projects, Henry L. Welch Jul 2008

The Experimental Use Exception And Undergraduate Engineering Projects, Henry L. Welch

Marquette Intellectual Property Law Review

The experimental use exception was originally conceived as a defense applicable when the infringing activities were philosophical. Over time the exception has evolved into a test of the profit motives of the infringer. Despite their status as non-profits, universities now find themselves under the same narrow interpretation of the experimental use exception as previously applied only to profit-seeking businesses. This article explains that the experimental use exception is still a viable defense to patent infringement for a student-sponsored capstone senior design project. In a student-sponsored capstone senior design project, the impetus and general direction of the project are provided almost …

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Intellectual Property Rights And Global Warming, Estaelle Derclaye Jul 2008

Intellectual Property Rights And Global Warming, Estaelle Derclaye

Marquette Intellectual Property Law Review

Global warming is an issue that is everywhere in today's society. This article examines whether intellectual property rights could be the solution to the global warming problem. The article limits its discussion to patent and copyright law and explores solutions to global warming that are applicable in Europe. The author suggests that these recommendations could influence other countries to make their intellectual property rights greener, as intellectual property rights are based on international instruments and universal agreements that could apply in any country. The article examines how current copyright and patent laws already tackle global warming and explains how these …

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Phillips V. Awh, Corp., A Doctrine Of Equivalents Case?, Natalie Sturicz Jul 2008

Phillips V. Awh, Corp., A Doctrine Of Equivalents Case?, Natalie Sturicz

Marquette Intellectual Property Law Review

For a number of years, U.S. courts have noted that the doctrine of equivalents has been unworkable. This article explains that as American courts move toward a more holistic approach to claim interpretation, the doctrine of equivalents will become increasingly unnecessary as a means of expanding patent scope. The author asserts that adopting a "person having ordinary skill in the art" approach to claim interpretation and eliminating the doctrine of equivalents in patent infringement cases would benefit patent law in several ways: (1) when courts interpret patent claims from the perspective of a person reasonably skilled in the art, patentees …

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Geographical Indications: A Discussion On The Trips Regulation After The Ministerial Conference Of Hong Kong, Stefania Fusco Jul 2008

Geographical Indications: A Discussion On The Trips Regulation After The Ministerial Conference Of Hong Kong, Stefania Fusco

Marquette Intellectual Property Law Review

Despite the strides the TRIPs Agreement made to protect Geographical Indications (GIs), considerable debate persists on how to further TRIPs' goals in that area. First, while some countries ally themselves with the European Union on maintaining a multilateral register for GIs, others follow the United States' preference for a voluntary database. Controversy also surrounds whether to extend the more expansive protections on wines and spirits to other products. Finally, the European Union has launched a staunchly opposed campaign to recover the exclusive use of a number of GIs, including many that have become generic names for their associated products. This …

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Kewanee Revisited: Returning To First Principles Of Intellectual Property Law To Determine The Issue Of Federal Preemption, Sharon K. Sandeen Jul 2008

Kewanee Revisited: Returning To First Principles Of Intellectual Property Law To Determine The Issue Of Federal Preemption, Sharon K. Sandeen

Marquette Intellectual Property Law Review

In the early 1970s it was thought that states could regulate in the areas of trade secrets without interfering with federal patent policies. However, this concept was called into question in the Sixth Circuit's ruling in Kewanee Oil Co. v. Bicron. In 1974 the Supreme Court ruled that Ohio's trade secret law was not preempted by federal patent law. This article revisits the issues raised in Kewanee in light of the Supreme Court's current preemption jurisprudence, changes in patent law, copyright law, and trade secret law since that time. First, the article reviews the history and context of the Kewanee …

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Patents And Traditional Medicine: Digital Capture, Creative Legal Interventions And The Dialectics Of Knowledge Transformation, Chidi Oguamanam Jul 2008

Patents And Traditional Medicine: Digital Capture, Creative Legal Interventions And The Dialectics Of Knowledge Transformation, Chidi Oguamanam

Indiana Journal of Global Legal Studies

This article examines the debate over the exclusion of indigenous or local knowledge forms from the global intellectual property system, and some of the current attempts to solve this problem. Using the lens of cultural cosmopolitanism, the article highlights important trends in the dialectics of developing countries' engagement with intellectual property and other collateral knowledge protection systems. The three sites at which this significant development is unfolding are: (1) the digitization of traditional medicinal knowledge through India's traditional knowledge digital library (TKDL) project; (2) a recent attempt at incorporating innovations in Chinese Herbal Medicine (CHM) in Taiwanese patent law; and …

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Intellectual Property, Laurence P. Colton, Nigamnarayan Acharya, Todd Williams, Dana T. Hustins Jul 2008

Intellectual Property, Laurence P. Colton, Nigamnarayan Acharya, Todd Williams, Dana T. Hustins

Mercer Law Review

This Article surveys caselaw developments in the area of intellectual property, including patents, copyrights, and trademarks, relevant to Georgia during the period from January 1, 2007 to December 31, 2007. Intellectual property law comprises several discrete yet overlapping areas of law. The four primary areas of intellectual property law are patent law, trademark law, copyright law, and trade secret law. Because patent law and copyright law are provided for in the United States Constitution, these cases are based in federal law and are litigated in federal courts. Trademark law and trade secret law have both federal3 and state aspects, and …

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I Have A Secret? Applying The Uniform Trade Secrets Act To Confidential Information That Does Not Rise To The Level Of Trade Secret Status, Julie Piper Jul 2008

I Have A Secret? Applying The Uniform Trade Secrets Act To Confidential Information That Does Not Rise To The Level Of Trade Secret Status, Julie Piper

Marquette Intellectual Property Law Review

A trade secret is valuable information, such as a formula, a device, or a client list, that is essential to the survival of a business. State law governs trade secrets; however, the Uniform Trade Secrets Act was established to be a unified guide to assist states in protecting such secrets. Even though the UTSA's definition is broad, the Act does not provide protection for certain confidential information that does not qualify as a trade secret. Such information is still crucial to the survival and the carrying on of a business. This article explores the importance of creating a system that …

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Re-Evaluating Declaratory Judgment Jurisdiction In Intellectual Property Disputes, Lorelei Ritchie De Larena Jul 2008

Re-Evaluating Declaratory Judgment Jurisdiction In Intellectual Property Disputes, Lorelei Ritchie De Larena

Indiana Law Journal

The Declaratory Judgment Act of 1934 was quickly tagged by the US. Supreme Court as a simple procedural measure. That said, the addition of the declaratory judgment option has dramatically increased the rights of would-be defendants. This is of special interest in patent law, where without the ability to initiate legal action, an alleged infringer would typically have no recourse but to either drop a lucrative business and lose a massive investment, or to languish in legal limbo while potentially accruing liability for treble damages. The option of a mirror-image lawsuit removes the patentee's ability to decide unilaterally when, where-and, …

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Cultural Relics, Intellectual Property, And Intangible Heritage, Peter K. Yu Jul 2008

Cultural Relics, Intellectual Property, And Intangible Heritage, Peter K. Yu

Faculty Scholarship

In recent years, the protection of traditional knowledge and cultural expressions has received widespread international attention. In 2003, delegates of 190 countries adopted the Convention on the Safeguarding of Intangible Cultural Heritage. Two years later, the Convention on the Protection and Promotion of the Diversity of Cultural Expressions was adopted under the auspices of UNESCO. In 2007, the General Assembly of the United Nations adopted the Declaration on the Rights of Indigenous Peoples. In addition, there are active developments to strengthen protection of traditional knowledge and cultural expressions in the areas of international trade, intellectual property, and biological diversity. Taken …

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The Enablement Pendulum Swings Back, Sean B. Seymore Jul 2008

The Enablement Pendulum Swings Back, Sean B. Seymore

Vanderbilt Law School Faculty Publications

Possibly in response to criticisms that the U.S. patent system affords too much legal protection to patent owners, the courts have begun to chip away at patent rights. Curiously enough, the Supreme Court has heard a relatively large number of patent cases over its last three terms, which suggests to several commentators and members of the patent bar that the Court is unhappy with the Federal Circuit's stewardship of the patent system and has, among other things, invited the court to rethink its approach to modulating patent rights. And it appears that the Federal Circuit has accepted the invitation. In …

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Law's Complexity: A Primer, J.B. Ruhl Jul 2008

Law's Complexity: A Primer, J.B. Ruhl

Vanderbilt Law School Faculty Publications

The legal system. It rolls easily off the tongues of lawyers like a single word - the legal system - as if we all know what it means. But what is the legal system? How does it behave? What are its boundaries? What is its input and output? How will it look in one year? In ten years? How should we use it to make change in some other aspect of social life? Why do answers to these questions make the legal system seem so complex? Would assembling a cogent, descriptively accurate theory of what makes the legal system complex …

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Everything Is Transformative: Fair Use And Reader Response, Laura A. Heymann Jul 2008

Everything Is Transformative: Fair Use And Reader Response, Laura A. Heymann

Faculty Publications

No abstract provided.

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Vol. Vi, Tab 38 - Ex. 38 - Email From Michael Wu, Michael Wu Jun 2008

Vol. Vi, Tab 38 - Ex. 38 - Email From Michael Wu, Michael Wu

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?

Go to article

Vol. Vi, Tab 38 - Ex. 37 - Email From Michael Wu, Michael Wu Jun 2008

Vol. Vi, Tab 38 - Ex. 37 - Email From Michael Wu, Michael Wu

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?

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Panel Ii: The Death Or Rebirth Of The Copyright?, Hugh C. Hansen, Diane Zimmerman, Robert Kasunic, Brett Frischmann Jun 2008

Panel Ii: The Death Or Rebirth Of The Copyright?, Hugh C. Hansen, Diane Zimmerman, Robert Kasunic, Brett Frischmann

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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The Olympic Binding Arbitration Clause And The Court Of Arbitration For Sport: An Analysis Of Due Process Concerns, Jason Gubi Jun 2008

The Olympic Binding Arbitration Clause And The Court Of Arbitration For Sport: An Analysis Of Due Process Concerns, Jason Gubi

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Dealing With The Nfl's Concussion Problems Of Yesterday, Today, And Tomorrow, Bryan Lipsky Jun 2008

Dealing With The Nfl's Concussion Problems Of Yesterday, Today, And Tomorrow, Bryan Lipsky

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Who Owns The Key To The Vault? Hold-Up, Lock-Out, And Other Copyright Strategies, Andrea Pacelli Jun 2008

Who Owns The Key To The Vault? Hold-Up, Lock-Out, And Other Copyright Strategies, Andrea Pacelli

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Should Oscar Run?, Peter Charlish, Dr. Stephen Riley Jun 2008

Should Oscar Run?, Peter Charlish, Dr. Stephen Riley

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Enhanced Protections For Geographical Indications Under Trips: Potential Conflicts Under The U.S. Constitutional And Statutory Regimes, David Snyder Jun 2008

Enhanced Protections For Geographical Indications Under Trips: Potential Conflicts Under The U.S. Constitutional And Statutory Regimes, David Snyder

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Panel I: The Business Method Patent And The Patent Reform Act Of 2007: Can The Law Keep Pace With Technology?, John Richards, Jeanne Fromer, Walter Hanchuk, Scott D. Locke Jun 2008

Panel I: The Business Method Patent And The Patent Reform Act Of 2007: Can The Law Keep Pace With Technology?, John Richards, Jeanne Fromer, Walter Hanchuk, Scott D. Locke

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Business Method Patents: The Challenge Of Coping With An Ever Changing Standard Of Patentability, Scott D. Locke, William D. Schmidt Jun 2008

Business Method Patents: The Challenge Of Coping With An Ever Changing Standard Of Patentability, Scott D. Locke, William D. Schmidt

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Making Circumstantial Proof Of Distribution Available, Robert Kasunic Jun 2008

Making Circumstantial Proof Of Distribution Available, Robert Kasunic

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Panel Iii: Trademarks V. Free Speech In Cyberspace, Sonia Katyal, Robert Weisbein, William Mcgeveran, Brett Frischmann Jun 2008

Panel Iii: Trademarks V. Free Speech In Cyberspace, Sonia Katyal, Robert Weisbein, William Mcgeveran, Brett Frischmann

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Four Free Speech Goals For Trademark Law, William Mcgeveran Jun 2008

Four Free Speech Goals For Trademark Law, William Mcgeveran

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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