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Articles 151 - 165 of 165

Full-Text Articles in Intellectual Property Law

Opting Out: Procedural Fair Use, Michael R. Mattioli Mar 2006

Opting Out: Procedural Fair Use, Michael R. Mattioli

ExpressO

This article explores the advantages of opt-out plans, and identifies a critical shortcoming in Copyright’s doctrine of Fair Use. The discussion is fueled by a current controversy: In December of 2004, Google, Inc. announced its plan to digitally scan thousands of copyrighted books as part of a massive new digital indexing service. Hedging against possible litigation, Google provided a free and easy opt-out procedure for authors who didn’t want their books scanned. Despite this measure, two major authors’ groups have sued Google, claiming the opt-out plan imposes an unfair burden. This article explores the fairness of established opt-outs in contract …

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Rankings, Reductionism, And Responsibility, Frank Pasquale Jan 2006

Rankings, Reductionism, And Responsibility, Frank Pasquale

Faculty Scholarship

After discussing how search engines operate, and sketching a normative basis for regulation of the rankings they generate, this piece proposes some minor, non-intrusive legal remedies for those who claim that they are harmed by search engine results. Such harms include unwanted (but high-ranking) results relating to them, or exclusion from high-ranking results they claim they are due to appear on. In the first case (deemed inclusion harm), I propose a right not to suppress the results, but merely to add an asterisk to the hyperlink directing web users to them, which would lead to the complainant's own comment on …

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Google's (Fair) Use Of Copyrighted Work, James Gibson Oct 2005

Google's (Fair) Use Of Copyrighted Work, James Gibson

Law Faculty Publications

Letters to the Editor on Google's (Fair) Use of Copyrighted Work

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Vol. Ix, Tab 41 - Ex. 24 - Fax From Allstate Insurance Company, Allstate Insurance Company May 2005

Vol. Ix, Tab 41 - Ex. 24 - Fax From Allstate Insurance Company, Allstate Insurance Company

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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Making A Mark In The Internet Economy: A Trademark Analysis Of Search Engine Advertising, Mark Bartholomew Jan 2005

Making A Mark In The Internet Economy: A Trademark Analysis Of Search Engine Advertising, Mark Bartholomew

Oklahoma Law Review

No abstract provided.

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Vol. Ix, Tab 46 - Ex. 58 - Deposition Of Rose Hagan From Geico V. Google (Google Managing Counsel Trademarks), Rose Hagan Sep 2004

Vol. Ix, Tab 46 - Ex. 58 - Deposition Of Rose Hagan From Geico V. Google (Google Managing Counsel Trademarks), 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?

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Vol. Ix, Tab 41 - Ex. I - Hagan Deposition From Geico (Google Managing Counsel - Trademarks), Rose Hagan Sep 2004

Vol. Ix, Tab 41 - Ex. I - Hagan Deposition From Geico (Google Managing Counsel - Trademarks), 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?

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Vol. Viii, Tab 39 - Ex. 1 - Email From Lepe Bismarck, Lepe Bismarck Jun 2004

Vol. Viii, Tab 39 - Ex. 1 - Email From Lepe Bismarck, Lepe Bismarck

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. Ix, Tab 41 - Ex 6 - Google Three Ad Policy Changes, Google Apr 2004

Vol. Ix, Tab 41 - Ex 6 - Google Three Ad Policy Changes, 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?

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Vol. Ix, Tab 46 - Ex. 40 - Document Tmprocess.Txt Trademark Meeting 3/4, Google Mar 2004

Vol. Ix, Tab 46 - Ex. 40 - Document Tmprocess.Txt Trademark Meeting 3/4, 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?

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Vol. Ix, Tab 46 - Ex. 30 - Document Google Trademark Policy Task Force, Google Feb 2004

Vol. Ix, Tab 46 - Ex. 30 - Document Google Trademark Policy Task Force, 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?

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Vol. Xxiii, Tab 60 - Ex. 7 - Email From Prashant Fuloria (Google Product Management Director), Prashant Fuloria Feb 2004

Vol. Xxiii, Tab 60 - Ex. 7 - Email From Prashant Fuloria (Google Product Management Director), Prashant Fuloria

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. Ix, Tab 46 - Ex. 38 - Email From Prashant Fuloria (Google Product Management Director), Prashant Fuloria Feb 2004

Vol. Ix, Tab 46 - Ex. 38 - Email From Prashant Fuloria (Google Product Management Director), Prashant Fuloria

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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Plus Ça Change. . . . How A French Court May Have Changed Internet Advertising Forever: Google France Fined For Selling Trademarked "Keywords", Brett August Jan 2004

Plus Ça Change. . . . How A French Court May Have Changed Internet Advertising Forever: Google France Fined For Selling Trademarked "Keywords", Brett August

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

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Vol. Ix, Tab 41 - Ex. 5 - Google Advertising Policy Review, Google Mar 2002

Vol. Ix, Tab 41 - Ex. 5 - Google Advertising Policy Review, 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?

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