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Initial Impressions: Trademark Protection For Abbreviations Of Generic Or Descriptive Terms, Mary LaFrance 2012 University of Nevada, Las Vegas -- William S. Boyd School of Law

Initial Impressions: Trademark Protection For Abbreviations Of Generic Or Descriptive Terms, Mary Lafrance

Scholarly Works

No abstract provided.


Gat, Solvay, And The Centralization Of Patent Litigation In Europe, Marketa Trimble 2012 University of Nevada, Las Vegas -- William S. Boyd School of Law

Gat, Solvay, And The Centralization Of Patent Litigation In Europe, Marketa Trimble

Scholarly Works

No abstract provided.


Pangloss's Copyright, Derek E. Bambauer 2012 University of Arizona James E. Rogers College of Law

Pangloss's Copyright, Derek E. Bambauer

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Ethics: Conflicts Of Interest Issues In Patent Litigation, Christopher A. Cotropia 2012 University of Richmond

Ethics: Conflicts Of Interest Issues In Patent Litigation, Christopher A. Cotropia

Law Faculty Publications

To understand what conflicts to avoid, this Article looks at recent decisions in patent litigation cases where conflict of interest issues have been decided. The discussion is divided up as follows. In Part I, choice of law regarding conflicts issues is discussed. In Part II, the common issues surrounding attorney and/or firm disqualifications for conflicts of interest are explored. Part III looks at conflicts of interest involving current clients. Part IV examines conflicts of interest concerning former clients. In Part V, a different type of conflict of interest—the lawyer as a witness situation—is discussed. Part VI moves to conflicts of …


Copyright's Gray Market, Redux, James Gibson 2012 University of Richmond - School of Law

Copyright's Gray Market, Redux, James Gibson

Law Faculty Publications

In an earlier entry in this series, I discussed an important issue in copyright law – whether the first sale doctrine applies to goods manufactured abroad. The Supreme Court was set to decide the issue in Costco v. Omega, but the Court split 4-4 and so left the matter unresolved.

Now the issue is back before the Supreme Court, in a case for which certiorari was granted this month: Kirtsaeng v. John Wiley & Sons. Supap Kirtsaeng is a native of Thailand who moved to the United States to attend college. To subsidize his tuition, he began importing textbooks that …


Trademark Tension, Part I, James Gibson 2012 University of Richmond - School of Law

Trademark Tension, Part I, James Gibson

Law Faculty Publications

In this Intellectual Property Viewpoints series, we tend to focus on copyright and patent law – the “big two” IP regimes that govern innovation in the arts and sciences. But there is a third IP regime, a cousin to copyright and patent, which is important to almost any enterprise, even if its business has nothing to do with innovation. That’s trademark law.

Over the last several decades, trademark law has grown from its modest roots and experienced an expansion that rivals that of its more high-profile cousins. In this essay and the next, I will discuss this phenomenon, and in …


Biopiracy In The Brazilian Amazon: Learning From International And Comparative Law Successes And Shortcomings To Help Promote Biodiversity Conservation In Brazil, Vanessa Danley 2012 Florida A&M University College of Law

Biopiracy In The Brazilian Amazon: Learning From International And Comparative Law Successes And Shortcomings To Help Promote Biodiversity Conservation In Brazil, Vanessa Danley

Florida A & M University Law Review

No abstract provided.


Mge Ups Systems, Inc. V. Ge Consumer & Industrial, Inc., Alexander Hill 2012 New York Law School

Mge Ups Systems, Inc. V. Ge Consumer & Industrial, Inc., Alexander Hill

NYLS Law Review

No abstract provided.


Plugging The Leak In § 1498: Coercing The United States Into Notifying Patent Owners Of Government Use, Steven Rushing 2012 Vanderbilt University Law School

Plugging The Leak In § 1498: Coercing The United States Into Notifying Patent Owners Of Government Use, Steven Rushing

Vanderbilt Journal of Transnational Law

When the United States uses a patent for public, noncommercial purposes, it is required under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) to provide notification to the patent owner. However, the United States has never implemented legislation to conform with its obligation and is therefore in violation of TRIPS. This Note argues that by permitting obvious and smaller violations--such as lack of notification--to fester, the United States has left the door open for other members of the World Trade Organization (WTO) to weaken the United States' overall trade policy. Members could likely accomplish this goal by first …


Who Fights For The Users? A Look At The First Sale Doctrine And Why It Should Apply In The Digital World, Tristan Cavadas 2012 Seton Hall Law

Who Fights For The Users? A Look At The First Sale Doctrine And Why It Should Apply In The Digital World, Tristan Cavadas

Student Works

No abstract provided.


Personal Jurisdiction And Joinder In Mass Copyright Troll Litigation, Jason R. LaFond 2012 University of Maryland Francis King Carey School of Law

Personal Jurisdiction And Joinder In Mass Copyright Troll Litigation, Jason R. Lafond

Maryland Law Review Online

No abstract provided.


We’Re (Not) Gonna Take It! – Golan And The Shrinking Pubic Domain, Daniel Kohn 2012 Seton Hall Law

We’Re (Not) Gonna Take It! – Golan And The Shrinking Pubic Domain, Daniel Kohn

Student Works

No abstract provided.


More Money, More Problems: The Bitcoin Virtual Currency And The Legal Problems That Face It, Daniel Smith 2012 Case Western Reserve University School of Law

More Money, More Problems: The Bitcoin Virtual Currency And The Legal Problems That Face It, Daniel Smith

Journal of Law, Technology, & the Internet

No abstract provided.


Responding To Self-Produced Child Pornography: Examining Legislative Sucessesses And Shortcomings To Reach An Approppriate Solution, Shawn P. Barnes 2012 Case Western Reserve University School of Law

Responding To Self-Produced Child Pornography: Examining Legislative Sucessesses And Shortcomings To Reach An Approppriate Solution, Shawn P. Barnes

Journal of Law, Technology, & the Internet

No abstract provided.


Saving The Spotify Revolution: Recalibrating The Power Imbalance In Digital Copyright, E. Jordan Teague 2012 Case Western Reserve University School of Law

Saving The Spotify Revolution: Recalibrating The Power Imbalance In Digital Copyright, E. Jordan Teague

Journal of Law, Technology, & the Internet

No abstract provided.


A New Odyssey, Robert Spoo 2012 University of Tulsa College of Law

A New Odyssey, Robert Spoo

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


Bearing Down On Trademark Bullies, Irina D. Manta 2012 Brooklyn Law School; Case Western Reserve University School of Law

Bearing Down On Trademark Bullies, Irina D. Manta

Fordham Intellectual Property, Media and Entertainment Law Journal

Trademark bullying has become a persistent problem, with large companies intimidating smaller entities with cease and desist campaigns and achieving anti-competitive results. A number of tactics exist to deal with bullying behavior. One of them is the imposition of judicial sanctions, but the standards in that area are unclear and the defendants often do not have the financial means to engage in litigation at all. Other, extralegal measures such as shaming have shown some success, but also present numerous drawbacks and prove insufficient when used against powerful actors. This symposium contribution proposes a new model that draws on the existing …


Seamaster-Ing The First Sale Doctrine: A Tripartite Framework For Navigating The Applicability Of Section 109(A) To Gray Market Goods, Daniela Alvarado 2012 Fordham University School of Law

Seamaster-Ing The First Sale Doctrine: A Tripartite Framework For Navigating The Applicability Of Section 109(A) To Gray Market Goods, Daniela Alvarado

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Salinger V. Colting, James Marshall Spector 2012 New York Law School

Salinger V. Colting, James Marshall Spector

NYLS Law Review

No abstract provided.


Gaylord V. United States, Jeffrey Lawhorn 2012 New York Law School

Gaylord V. United States, Jeffrey Lawhorn

NYLS Law Review

No abstract provided.


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