Intellectual Property Law Commons^™

“It’S The Same Old Song”: The Failure Of The Originality Requirement In Musical Copyright, Valeria M. Castanaro

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Access To Medicines, Brics Alliances, And Collective Action, Peter K. Yu

Faculty Scholarship

Most discussions on the public health implications of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights focus on the right of less developed countries to issue compulsory licenses and the need for these countries to exploit flexibilities within the TRIPs Agreement. However, there are other means by which countries can enhance access to essential medicines. To provide an illustration of these other means, this article explores the possibility for greater collaboration among the BRICS countries (Brazil, Russia, India, China, and South Africa) and between these countries and other less developed countries.

This article begins by offering a brief …

What's In A Song? Copyright's Unfair Treatment Of Record Producers And Side Musicians, Gabriel J. Fleet

Vanderbilt Law Review

As they say in the music business, "It all begins with a song."' This is true from a commercial perspective, as it would be difficult to record albums, film videos, license music for video games, sell sheet music, or promote concerts without the basic building block of the musical composition. It is also true on the metaphysical level, because the organization of sounds into compositional form creates the necessary order that distinguishes music from noise.

Yet despite the centrality of the song, for legal purposes it is difficult to answer the question, "What is a song?" Or, to use a …

Race-Specific Patents, Commercialization, And Intellectual Property Policy, Shubha Ghosh

Buffalo Law Review

No abstract provided.

Imitation Is The Sincerest Form Of … Infringement?: Guitar Tabs, Fair Use, And The Internet, Jocelyn Kempema

William & Mary Law Review

No abstract provided.

Extraterritoriality In U.S. Patent Law, Timothy R. Holbrook

William & Mary Law Review

Globalization has eroded traditional territorial limits on intellectual property laws. Although this pressure was first seen in trademark and copyright law, recent court decisions have demonstrated that the territorial lines of U.S. patents are also under assault. Indeed, the Supreme Court recently considered extraterritoriality in U.S. patent law in its 2007 decision in Microsoft Corp. v. AT&T Corp., discussed thoroughly in this Article. Courts and commentators have offered two primary approaches to deal with the issue of the extraterritorial reach of U.S. patents. First, many courts, including the Supreme Court, continue to adhere to a strict view of a patent's …

Intellectual Property Piracy: Perception And Reality In China, The United States, And Elsewhere, Aaron Schwabach

Law Faculty Scholarship

No abstract provided.

Vol. Ix, Tab 41 - Ex 23 - Email From John Ramsey (Rosetta Stone Corporate Counsel), John Ramsey

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?

Vol. Ix, Tab 46 - Ex. 31 - Email From John Ramsey (Rosetta Corporate Counsel), John Ramsey

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?

On The Perils Of Inadequate Analogies, Dan Tammuz

Duke Law & Technology Review

Linking law is barely a decade old. Over the course of this short period, a wide variety of approaches have come to light. In fact, different jurisdictions have come to different conclusions regarding similar issues. Recently, there has been a new addition to the jurisprudence. A Texas holding established that linking to copyright-protected content violates copyright. This iBrief argues that the reasoning in this decision is flawed. The opposite conclusion should have been reached by applying straightforward copyright analysis and by looking to recent case law regarding hyperlinking.

Intellectual Property Perspectives: Spring 2008, Ip Law Program

Intellectual Property Perspectives

No abstract provided.

2007 Trademark Law Decisions Of The Federal Circuit, Susan M. Kayser, David Jaquette

American University Law Review

No abstract provided.

Does The Supreme Court Still Matter?, Timothy B. Dyk

American University Law Review

No abstract provided.

Lowering The Stakes: Toward A Model Of Effective Copyright Dispute Resolution, Anthony Ciolli

West Virginia Law Review

No abstract provided.

Riding The Tiger: A Comparison Of Intellectual Property Rights In The United States And The People's Republic Of China, Jennifer A. Crane

Chicago-Kent Journal of Intellectual Property

No abstract provided.

The U.S. Patent And Trademark Office's Proposed Information Disclosure Statement Rules: Too Novel And Nonobvious, Russell S. Magaziner

Indiana Law Journal

No abstract provided.

Lending A Hand: The Need For Public Participation In Patent Examination And Beyond, Matthew John Duane

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Reviving Fair Use: Why Sony's Expansion Of Fair Use Sparked The File-Sharing Craze, Christopher Alan Howe

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Acquiring Innovation, Xuan-Thao Nguyen, Jeffrey A. Maine

American University Law Review

In recent years, the innovation market has witnessed a new business model involving companies that are mere patent holding shells and not operating entities. They have no customers or products to offer, but they do have an aggressive tactic of using patent portfolios to threaten other operating companies with potential infringement litigation. The strategy is executed with the end goal of extracting handsome settlements. Acquisitions of patents for offensive use have become a major concern to operating companies because such acquisitions pose the threats of patent injunction, interrupting the business and crippling further innovation. While many operating companies today know …

2007 Patent Law Decisions Of The Federal Circuit, Dean L. Fanelli, Victor N. Balancia, Robert J. Smyth, Carl P. Bretscher, Arthur M. Antonelli, Mark J. Sullivan, Kent E. Basson

American University Law Review

No abstract provided.

Failed Lawyers And The Sources Of Satire, Charles M. Yablon

Articles

Most of those reading this Essay have ample reason to appreciate the benefits of a good legal education. There is pride in becoming a member of an ancient and learned profession, intellectual challenge in wrestling with complex questions of equity, power and social justice, and satisfaction in the sense of superiority you feel towards your loser friends who did not get into a decent law school.

The Reasonable Person In Trademark Law, Laura A. Heymann

Faculty Publications

No abstract provided.

Illegal P2p File Sharing On College Campuses – What's The Solution?, Antionette D. Bishop

Student Award Winning Papers

No abstract provided.

Internet File-Sharing: Swedish Pirates Challenge The U.S., Ulric M. Lewen

Cardozo Journal of International and Comparative Law

The note examines the challenges of enforcing copyright laws in the digital age, focusing on the contrasting approaches of the U.S. and Sweden in addressing peer-to-peer file sharing. It critiques the U.S. for its aggressive legal strategy, which may prove counterproductive, while highlighting Sweden's potential as a model for alternative solutions. The analysis underscores the need for a balanced approach that protects copyright holders without stifling innovation.

Level Of Skill And Long-Felt Need: Notes On A Forgotten Future, Joe Miller

Scholarly Works

The Supreme Court's KSR decision transforms the way we think about patent law's ordinary artisan. The ordinary artisan, the Supreme Court states, is also a person of ordinary creativity, not an automaton. This transformation, which sweeps aside a contrary precept that had informed the Federal Circuit's nonobviousness jurisprudence for a generation, raises a key question: How do we fill out the rest of our conception, in a given case, of the ordinary artisan's level of skill at the time the invention was made? Reaching back to a large vein of case law typified by Judge Learned Hand's decisions about nonobviousness, …

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

Cornell Law School Inter-University Graduate Student Conference Papers

Over the past several years scholars have wrestled with how property rights in items created in virtual worlds should be conceptualized. Regardless of how the property is conceptualized and what property theory best fits, most agree the law ought to recognize virtual property as property and vest someone with those rights.

This article moves beyond the conceptualization debate and asks two new questions from a new perspective. First, how ought virtual property rights be allocated so innovation and creativity can be maximized? Second, how can the law be changed to remove barriers that unnecessarily impede a regime that maximizes creativity …

Vol. Vii, Tab 38 - Ex. 62 - Hagan Deposition (Former Google Managing Counsel - Trademarks, Jewelry Maker), Rose Hagan

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?

Vol. Vii, Tab 38 - Ex. 64 - Holden Deposition (Google Pm Director), Richard T. Holden

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?

Vol. Ix, Tab 46 - Ex. 18 - Email From Gina Reinhold (Adwords Associate), Gina Reinhold

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?

Strangers In A Strange Land: Specialized Courts Resolving Patent Disputes, Lawrence M. Sung

Faculty Scholarship

As the number of cases and disputes involving proprietary technology subject to intellectual property rights has increased in recent years, a decades-old view that such matters should be adjudicated exclusively by specialized courts and judges has experienced a renaissance. This call for specialized, or problem-solving, courts at both the federal and state levels is not unique to the intellectual property field, however. Indeed, there has been a significant movement over the past several years to establish specialized drug courts, community courts, mental health courts, and domestic violence courts. One common element among these efforts is the idea that specialized courts …