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Intellectual Property Law Commons

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2010

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Articles 331 - 360 of 618

Full-Text Articles in Intellectual Property Law

From The Mouths Of Babes: Protecting Child Authors From Themselves, Julie Cromer Young Jan 2010

From The Mouths Of Babes: Protecting Child Authors From Themselves, Julie Cromer Young

West Virginia Law Review

No abstract provided.


Opportunistic Evolution: How State Legislation Is Seeking To Redefine Academic Freedom To Permit Intelligent Design In The Classroom, Crystal Canterbury Jan 2010

Opportunistic Evolution: How State Legislation Is Seeking To Redefine Academic Freedom To Permit Intelligent Design In The Classroom, Crystal Canterbury

West Virginia Law Review

No abstract provided.


Understanding And Regulating The Sport Of Mixed Martial Arts, Brendan S. Maher Jan 2010

Understanding And Regulating The Sport Of Mixed Martial Arts, Brendan S. Maher

UC Law SF Communications and Entertainment Journal

The past fifteen years have seen the emergence of a new sport in America and around the world: mixed martial arts ("MMA'). MMA is an interdisciplinary combat sport where participants engage in and combine a variety of fighting disciplines (e.g., kickboxing, wrestling, karate, jiu-jitsu, and so on) in a single match. In this Article, Professor Maher examines and analyzes the sport's evolution, tracing it from its shaggy, brutish beginnings to its current incarnation; articulates a pragmatic and comparative theory of sporting legitimacy; reviews and describes the state-based and administrative nature of MMA regulation; and highlights two reform possibilities of interest …


Cutting Cupid Out Of The Workplace: The Capacity Of Employees' Constitutional Privacy Rights To Constrain Employers' Attempts To Limit Off-Duty Intimate Associations, Anna C. Camp Jan 2010

Cutting Cupid Out Of The Workplace: The Capacity Of Employees' Constitutional Privacy Rights To Constrain Employers' Attempts To Limit Off-Duty Intimate Associations, Anna C. Camp

UC Law SF Communications and Entertainment Journal

Romantic relationships among co-workers: should employers have the right to suppress such activity? Employers often view the widespread practice of dating among co-workers as highly problematic. In light of increased sexual harassment suits, many employers attempt to limit or eliminate intimate relationships among employees through the institution of "no-fraternization" policies. The strictest of these policies allow for legal termination of employees that violate the policy's terms, and can include total prohibition of intimate relationships among co-workers. Employees argue that such bans, which also affect employees' off-duty intimate association, should be held unconstitutionally invasive of employees' privacy rights or invalid on …


Technology And Copyright Law - Illuminating The Nfl's Blackout Rule In Game Broadcasting, Sonali Chitre Jan 2010

Technology And Copyright Law - Illuminating The Nfl's Blackout Rule In Game Broadcasting, Sonali Chitre

UC Law SF Communications and Entertainment Journal

Copyright is critical to protecting sports broadcasts, and new technology has evolved to disseminate these broadcasts to the many people that enjoy professional sports. Because of new digital rights in the copyright statute, the NFL has very strong copyright protections that cover Internet, satellite, television, and radio licensing of its broadcasts. A "blackout" blocks certain programs from being broadcast in a particular market. Attempting to incentivize fans to come to football games, the NFL "blacks out" games that are not sold out within seventytwo hours of game time within a seventy-five-mile radius of the stadium. The "blackout rule" has been …


Free Speech Or Trademark Protections: Do Advocacy Groups And Government Agencies Deserve Extra Protection, Max Landaw Jan 2010

Free Speech Or Trademark Protections: Do Advocacy Groups And Government Agencies Deserve Extra Protection, Max Landaw

UC Law SF Communications and Entertainment Journal

Since October 2009, the American judicial system has been posed with yet another lawsuit in the oft recurring battle between trademark protections and right to freedom of expression, specifically the right to parody. The Yes Men, a parody troop, in a stunt which confused numerous news outlets, held a press conference as "members" of the United States Chamber of Commerce. The Chamber responded by suing the Yes Men for, amongst other causes of action, trademark infringement pursuant to the Lanham Act. This note will first analyze the history of the debate between the conflicting right of free expression and consumer …


Will Twitter Be Following You In The Courtroom: Why Reporters Should Be Allowed To Broadcast During Courtroom Proceedings, Adriana C. Cervantes Jan 2010

Will Twitter Be Following You In The Courtroom: Why Reporters Should Be Allowed To Broadcast During Courtroom Proceedings, Adriana C. Cervantes

UC Law SF Communications and Entertainment Journal

Thanks to micro-blogging and social networking tools, we no longer have to pick up a phone to call our friends and ask them what they are doing. Instead we turn to our laptop, BlackBerry, or iPhone to get instant information available to us through the Internet. Twitter is a key player in the Internet information exchange line-up and has made its way into one of the oldest and most archaic forums: the courtroom. The current law does not properly address whether reporters should be allowed to tweet, but this trend is becoming more prevalent. Twitter needs to be addressed with …


Online Auction Sites And Inconsistencies: A Case Study Of France, China, And The United States, Won Hee Elaine Lee Jan 2010

Online Auction Sites And Inconsistencies: A Case Study Of France, China, And The United States, Won Hee Elaine Lee

Intellectual Property Brief

No abstract provided.


Volume 1, Issue 1 , Au Intellectual Property Brief Jan 2010

Volume 1, Issue 1 , Au Intellectual Property Brief

Intellectual Property Brief

No abstract provided.


Virtual Confusion: How The Lanham Act Can Protect Athletes From The Unauthorized Use Of Their Likenesses In Sports Video Games, Lindsay Coleman Jan 2010

Virtual Confusion: How The Lanham Act Can Protect Athletes From The Unauthorized Use Of Their Likenesses In Sports Video Games, Lindsay Coleman

Intellectual Property Brief

No abstract provided.


Settling For Less? An Analysis Of The Possibility Of Positive Legal Precedent On The Internet If The Google Book Search Litigation Had Not Reached A Settlement, Brooke Ericson Jan 2010

Settling For Less? An Analysis Of The Possibility Of Positive Legal Precedent On The Internet If The Google Book Search Litigation Had Not Reached A Settlement, Brooke Ericson

Intellectual Property Brief

No abstract provided.


South Africa's Movie Piracy Challenges, Matilda Bilstein Jan 2010

South Africa's Movie Piracy Challenges, Matilda Bilstein

Intellectual Property Brief

No abstract provided.


Regulation Of Medicine Patents By The Anti-Counterfeiting Trade Agreement To Broaden Access To Medicine, Daniel Lee Jan 2010

Regulation Of Medicine Patents By The Anti-Counterfeiting Trade Agreement To Broaden Access To Medicine, Daniel Lee

Intellectual Property Brief

No abstract provided.


Masthead & Table Of Contents , Au Intellectual Property Brief Jan 2010

Masthead & Table Of Contents , Au Intellectual Property Brief

Intellectual Property Brief

No abstract provided.


King Kirby And The Amazin' Terminatin' Copyrights: Who Will Prevail?!?, Jay Goldberg Jan 2010

King Kirby And The Amazin' Terminatin' Copyrights: Who Will Prevail?!?, Jay Goldberg

Intellectual Property Brief

No abstract provided.


Copyrights And The Fashion Industry: A Love-Hate Relationship? , Ashlee Hodge Jan 2010

Copyrights And The Fashion Industry: A Love-Hate Relationship? , Ashlee Hodge

Intellectual Property Brief

No abstract provided.


Unconstitutional Excess, And Other Recent Copyright Developments, Ali Sternburg Jan 2010

Unconstitutional Excess, And Other Recent Copyright Developments, Ali Sternburg

Intellectual Property Brief

No abstract provided.


Digital “Library” Htmlcomics Shut Down By Fbi, Doj And Publishers, Mark Tratos Jan 2010

Digital “Library” Htmlcomics Shut Down By Fbi, Doj And Publishers, Mark Tratos

Intellectual Property Brief

No abstract provided.


Vol. Vi, Tab 38 - Declaration Of Margret M. Caruso, Margret M. Caruso Jan 2010

Vol. Vi, Tab 38 - Declaration Of Margret M. Caruso, Margret M. Caruso

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. Xvii, Tab 54 - Google's Reply Motion In Further Support Of Its Motion For Summary Judgment, Google Jan 2010

Vol. Xvii, Tab 54 - Google's Reply Motion In Further Support Of Its Motion For Summary Judgment, Google

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. Xx, Tab 57 - Ex. 2 - Rosetta Stone's First Request For The Production Of Documents From Google, Rosetta Stone Jan 2010

Vol. Xx, Tab 57 - Ex. 2 - Rosetta Stone's First Request For The Production Of Documents From Google, Rosetta Stone

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. Xviii, Tab 55 - Google's Reply Memorandum Of Law In Further Support Of Its Motion To Exclude The Expert Report And Opinion Of Dr. Kent Van Liere, Google Jan 2010

Vol. Xviii, Tab 55 - Google's Reply Memorandum Of Law In Further Support Of Its Motion To Exclude The Expert Report And Opinion Of Dr. Kent Van Liere, Google

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?


It Is Time: Why The Fda Should Start Disclosing Drug Trial Data, Mustafa Ünlü Jan 2010

It Is Time: Why The Fda Should Start Disclosing Drug Trial Data, Mustafa Ünlü

Michigan Telecommunications & Technology Law Review

Although [drug] manufacturers bear the cost of research data generation, it is oftentimes a worthwhile investment that also confers significant commercial advantages. Consequently, they have argued that research data should be considered a trade secret and kept confidential. The FDA's longstanding position has been to accept this proposition. Even when Congress appeared to mandate disclosure or weaken the underlying rationale for secrecy, the FDA has continued to treat research data as confidential. A strong argument against a default posture of confidentiality is that research data disclosure would promote broad public interests by eliminating the societal costs brought about by keeping …


Optimal Fines For False Patent Marking, Thomas F. Cotter Jan 2010

Optimal Fines For False Patent Marking, Thomas F. Cotter

Michigan Telecommunications & Technology Law Review

This Essay proposes that, in order to avoid imposing arbitrary (and perhaps unnecessarily large) fines for false patent marking, courts should seek guidance in the law of remedies for false advertising and copyright infringement. In particular, courts should attempt to approximate the social harm caused by actionable false marking by taking into account (1) the plaintiff's loss (if any) and the defendant's gain (if any) attributable to the false marking at issue; (2) the plausibility of substantial but less easily quantifiable harms to consumers and to nonparty competitors; and (3) the risks, on the one hand, of underdeterring statutory violations …


Patenting By Entrepreneurs: An Empirical Study, Ted Sichelman, Stuart J.H. Graham Jan 2010

Patenting By Entrepreneurs: An Empirical Study, Ted Sichelman, Stuart J.H. Graham

Michigan Telecommunications & Technology Law Review

[T]he Ewing Marion Kauffman Foundation--an organization that studies and promotes entrepreneurship in the United States--funded an effort at the University of California, Berkeley School of Law, to undertake the first comprehensive survey of the relationship between patenting and entrepreneurship in the United States. The authors, along with other investigators, administered the survey in 2008 to approximately 15,000 startup and early-stage companies in the biotechnology, medical device, information technology (IT) hardware, and software and Internet sectors. A portion of the survey examined why entrepreneurs, startups, and early-stage companies do (and do not) seek patents. This Article reports and analyzes results from …


Media-Rich Input Application Liability, David R. Krohn, Pekarek Jan 2010

Media-Rich Input Application Liability, David R. Krohn, Pekarek

Michigan Telecommunications & Technology Law Review

Until recently, media-rich online interactions were mostly unidirectional: multimedia content was delivered by the service provider to the user. Input from the user came almost exclusively in the form of text. Even when searching the Internet for images or audio, a user typically entered text into a search engine. In addition, search engines indexed multimedia content by analyzing not the content itself but the text surrounding it. This is rapidly changing. With the rise of multimedia-capable smartphones and wireless broadband, applications that allow users to search using non-textual inputs are quickly becoming popular. These applications go much further than simply …


Not So Technical: An Analysis Of Federal Circuit Patent Decisions Appealed From The Itc, Holly Lance Jan 2010

Not So Technical: An Analysis Of Federal Circuit Patent Decisions Appealed From The Itc, Holly Lance

Michigan Telecommunications & Technology Law Review

A widespread perception among the patent law community is that the patent system would be more effective if judges with technical backgrounds and patent law experience decided patent disputes. Proponents believe that if judges all had similar baseline knowledge of technological analysis, there would be more consistency in decision-making, leading to more predictability for parties. Some district courts have unofficially become semi-specialized in patent law disputes, and Congress is debating whether to institute a more formalized Patent Pilot Program in which district court judges specialize in patent law cases. This Note joins the debate and examines patent law cases at …


How Many Patents Does It Take To Make A Drug - Follow-On Pharmaceutical Patents And University Licensing, Lisa Larrimore Ouellette Jan 2010

How Many Patents Does It Take To Make A Drug - Follow-On Pharmaceutical Patents And University Licensing, Lisa Larrimore Ouellette

Michigan Telecommunications & Technology Law Review

As described by Professors Dan Burk and Mark Lemley, drugs are[...] special because of the low number of patents per product: "In some industries, such as chemistry and pharmaceuticals, a single patent normally covers a single product. Much conventional wisdom in the patent system is built on the unstated assumption of such a one-to-one correspondence." Although many have repeated this one-patent, one-drug assumption, there has been little empirical analysis of how many patents actually protect each drug. In fact, most small-molecule drugs are protected by multiple patents. The average was nearly 3.5 patents per drug in 2005, with over five …


Trips And Human Rights: The Case Of India, Subramanya Sirish Tamvada Jan 2010

Trips And Human Rights: The Case Of India, Subramanya Sirish Tamvada

Celebrating WCL Student Authors

The twenty-first century has seen a rapid growth of two regimes: the intellectual property rights regime and the human rights regime. On one hand, growth of multinational corporations has led to a stronger and stricter intellectual property rights regime. On the other hand, human rights have gained primacy in public as well as political debates. Developing countries have argued that intellectual property rights and Human Rights often come into conflict, particularly when implementing their international obligations under TRIPS. Nevertheless, developing countries are forced to provide better intellectual property protection. There is a need to give heed to the voices of …


Unlawful Infringement Or Just Creative Expression? Why Dj Girl Talk May Inspire Congress To "Recast, Transform, Or Adapt" Copyright, 43 J. Marshall L. Rev. 1067 (2010), Katie Simpson-Jones Jan 2010

Unlawful Infringement Or Just Creative Expression? Why Dj Girl Talk May Inspire Congress To "Recast, Transform, Or Adapt" Copyright, 43 J. Marshall L. Rev. 1067 (2010), Katie Simpson-Jones

UIC Law Review

No abstract provided.