The Case For A Limited Protection Of Trademark Merchandising,
2011
Texas A&M University School of Law
The Case For A Limited Protection Of Trademark Merchandising, Irene Calboli
Faculty Scholarship
Since its judicial creation in the 1970s, strong controversy has surrounded the practice of trademark merchandising. Trademark scholars have generally opposed merchandising rights because of the departure from the traditional interpretation of trademark law - protecting consumers and market competition-in favor of a direct protection of trademark value. Despite this opposition, courts and Congress have favored the acceptance of this practice by broadening the scope of trademark protection and by introducing the concept of confusion as to the products' "sponsorship" or "affiliation" as part of the standard for trademark infringement. Not surprisingly, trademark scholars have criticized these developments but have …
Protection For Informational Works After Feist Publications, Inc. V. Rural Telephone Service Co.,
2011
Bar-Ilan University Faculty of Law
Protection For Informational Works After Feist Publications, Inc. V. Rural Telephone Service Co., Miriam Bitton
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Moral Rights And Supernatural Fiction:
Authorial Dignity And The New Moral
Rights Agendas,
2011
Case Western Reserve University School of Law
Moral Rights And Supernatural Fiction: Authorial Dignity And The New Moral Rights Agendas, Jacqueline D. Lipton Ph.D.
Fordham Intellectual Property, Media and Entertainment Law Journal
In recent years, several scholars have revisited the question of moral rights protections for creators of copyright works in the United States. Their scholarship has focused on defining a moral rights agenda that comports with American constitutional values, as well as being practically suited to current copyright business practices. Much of this scholarship has prioritized a right of attribution over other moral rights, such as the right of integrity. This Article evaluates some of these recent moral rights models in light of a sample of comments made by American supernatural fiction authors about their works. The Author questions whether the …
Huddle Up: Using Mediation To Help
Settle The National Football League
Labor Dispute,
2011
Fordham University School of Law
Huddle Up: Using Mediation To Help Settle The National Football League Labor Dispute, Jeremy Corapi
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Technical Knockout: How Mixed
Martial Arts Will Change Copyright
Enforcement On The Web,
2011
Fordham University School of Law
Technical Knockout: How Mixed Martial Arts Will Change Copyright Enforcement On The Web, Keith Black
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Not That There’S Anything Wrong With
That: Imputations Of Homosexuality
And The Normative Structure Of
Defamation Law,
2011
The University of Alabama
Not That There’S Anything Wrong With That: Imputations Of Homosexuality And The Normative Structure Of Defamation Law, Matthew D. Bunker *, Drew E. Shenkman **, Charles D. Tobin ***
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Court Of Appeals For The Federal
Circuit: Has It Fulfilled Congressional
Expectations?,
2011
Fordham Law School
The Court Of Appeals For The Federal Circuit: Has It Fulfilled Congressional Expectations?, George C. Beighley Jr.
Fordham Intellectual Property, Media and Entertainment Law Journal
This Article suggests that the creation of the Court of Appeals for the Federal Circuit was a successful experiment that proves a change in the legal philosophy behind the jurisdiction for federal appellate courts from exclusively general regional jurisdiction to a more specific national subject matter jurisdiction can be successful. This Article provides a historical analysis of how the Federal Circuit was created by presenting interviews from those involved in its creation. The Article then examines the legislative intent behind the creation of the Federal Circuit by looking at the congressional history and interviewing those who testified before Congress. Finally, …
The Crimes Of Fashion: The Effects Of Trademark And Copyright Infringement In The Fashion Industry,
2011
Liberty University
The Crimes Of Fashion: The Effects Of Trademark And Copyright Infringement In The Fashion Industry, Carolyn Marcelo
Senior Honors Theses
Counterfeits of designer merchandise continue to be made and sold throughout the world causing drastic social and economic outcomes everywhere. Despite the illegality of manufacturing and distributing counterfeit goods, this business has far-reaching effects that society is not generally aware of. The evils of counterfeiting luxury goods include forced child labor, drug trafficking, and international terrorism as well as loss of billions of dollars in revenue to legitimate businesses and governments. The ancient Latin phrase “Caveat emptor” “Let the buyer beware” is still relevant today. Being made aware and being warned, society may be motivated to shut down this illicit …
Patent Marking Estoppel And The Patent Licensee,
2011
Partner, Kalow & Springut LLP
Patent Marking Estoppel And The Patent Licensee, Scott D. Locke
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Non–Per Se Treatment Of Buyer Price-Fixing In Intellectual Property Settings,
2011
Duke Law
Non–Per Se Treatment Of Buyer Price-Fixing In Intellectual Property Settings, Hillary Greene
Duke Law & Technology Review
The ability of intellectual property owners to earn monopoly rents and the inability of horizontal competitors to price fix legally are two propositions that are often taken as givens. This iBrief challenges the wholesale adoption of either proposition within the context of buyer price-fixing in intellectual property markets. More specifically, it examines antitrust law’s role in protecting patent holders’ rents through its condemnation of otherwise ostensibly efficient buyer price fixing. Using basic economic analysis, this iBrief refines the legal standards applicable at this point of intersection between antitrust and patent law. In particular, the author recommends the limited abandonment of …
Speaking Of Music And The Counterpoint Of Copyright: Addressing Legal Concerns In Making Oral History Available To The Public,
2011
Duke Law
Speaking Of Music And The Counterpoint Of Copyright: Addressing Legal Concerns In Making Oral History Available To The Public, Jeremy J. Beck, Libby Van Cleve
Duke Law & Technology Review
Oral history provides society with voices and memories of people and communities experiencing events of the past first-hand. Such history is created through interviews; an interview, however, like any other type of intellectual property—once in a fixed form—is subject to copyright law. In order to make oral history available to the public, it is critically important that individuals generating and acquiring oral history materials clearly understand relevant aspects of copyright law. The varied nature of how one may create, use, and acquire oral history materials can present new, surprising, and sometimes baffling legal scenarios that challenge the experience of even …
Causing Infringement,
2011
Vanderbilt University Law School
Causing Infringement, Mark Bartholonew, Patrick F. Mcardle
Vanderbilt Law Review
Two years ago, the outbreak of a mysterious virus captivated the world. First detected in the state of Veracruz, Mexico in April 2009, the virus hopscotched from country to country leaving a trail of death and panicked citizens. Concerned that the virus would continue to spread, world governments banned travel to affected nations and urged citizens to take precautionary measures. U.S. Vice President Biden told citizens not to take mass transit. Airports installed thermal scanners to detect and quarantine infected travelers. Thousands donned surgical masks. Despite these precautions, two months after the virus's discovery, public health authorities diagnosed a full-fledged …
Intellectual Property Perspectives: Spring 2011,
2011
George Washington University
Intellectual Property Perspectives: Spring 2011, Ip Law Program
Intellectual Property Perspectives
No abstract provided.
A Myriad Of Misunderstanding Standing: Decoding Judicial Review For Gene Patents,
2011
West Virginia University College of Law
A Myriad Of Misunderstanding Standing: Decoding Judicial Review For Gene Patents, Jenny L. Maxey
West Virginia Law Review
No abstract provided.
Heavy Metal Alloys: Unsigned Rock Bands And Joint Work,
2011
Chicago-Kent College of Law
Heavy Metal Alloys: Unsigned Rock Bands And Joint Work, Michael S. Young
Chicago-Kent Law Review
This note uses humorous illustrations culled from the history of popular heavy metal music to facilitate examination of the effectiveness of joint authorship analysis by modern federal courts. The note carefully considers a variety of common contributions made by band members in the absence of any written or verbal agreement about authorship, and concludes (1) that a more equitable regime would do away with the requirement that a co-author make an "independently copyrightable" contribution, and (2) that courts must take greater care not to transform "will to control" into "intent to be a sole author."
League Parity: Bringing Back Unlicensed Competition In The Sports Fan Apparel Market,
2011
Chicago-Kent College of Law
League Parity: Bringing Back Unlicensed Competition In The Sports Fan Apparel Market, David Franklin
Chicago-Kent Law Review
Should professional sports teams and collegiate institutions have an exclusive right to merchandise their logos? Recent court decisions have effectively provided these organizations with a monopoly in the fan apparel marketplace, as retailers who are not "officially licensed" by the underlying team or university are likely to face trademark infringement liability. In some contexts, this extension of trademark law has prevented companies from selling merchandise that merely displays a team's color scheme. However, such a broad prohibition on the use of team logos is inconsistent with the goal of trademark law, which is intended to prohibit uses of a mark …
Breaking Patents,
2011
Pennsylvania State University
Breaking Patents, Daniel R. Cahoy
Michigan Journal of International Law
In the 1970s and 1980s, the Boeing aircraft company worked to address the rising cost of jet fuel by inventing lighter metal alloys for use in aerospace materials. Among its discoveries was a method of producing aluminum-lithium alloys with high "fracture toughness," and in 1989, Boeing received a patent for the process. Five years later, another aerospace company working as a National Aeronautics and Space Administration (NASA) contractor, Lockheed Martin, was attempting to solve a similar problem related to materials used in the space shuttle. Lighter materials were necessary for future shuttle missions to transport components of the International Space …
Copyright For Engineered Dna: An Idea Whose Time Has Come?,
2011
Universisty of Missouri - Kansas City
Copyright For Engineered Dna: An Idea Whose Time Has Come?, Christopher M. Holman
West Virginia Law Review
The rapidly emerging field of synthetic biology has tremendous potential to address some of the most compelling challenges facing our planet by providing clean renewable energy, nutri- tionally-enhanced and environmentally friendly agricultural products, and revolutionary new life-saving cures. However, leaders in the synthetic biology movement have voiced concern that biotechnology's current patent-centric approach to intellec- tual property is in many ways ill-suited to meet the challenge of synthetic biology, threatening to impede follow-on innovation and open access technology. For years, copyright and patent protection for computer software have existed side-by-side, the two forms of intellectual property complementing one another. Numerous …
Dynamic Patent Governance In Europe And The United States: The Myriad Example,
2011
Marquette University Law School
Dynamic Patent Governance In Europe And The United States: The Myriad Example, Kali Murray, Esther Van Zimmeren
Cardozo Journal of International and Comparative Law
This Article examines the emerging elements of a new model for patent governance. It is divided into four parts. In Section One, we develop a model of dynamic patent governance. This model extends the theoretical framework of network governance, to explain the emergence of networks in the decisionmaking infrastructure for the public and private actors in the patent system. Dynamic patent governance widens this theoretical framework in two key ways. First, dynamic patent governance, within its formal dimensions, is based on the idea that heterogeneous administrative actors regulate the grant and enforcement of patents. This challenges a perspective that sees …
A Survey Of The Dmca's Copyright Management Information Protections: The Dmca's Cmi Landscape After All Headline News And Mcclatchey,
2011
University of Washington School of Law
A Survey Of The Dmca's Copyright Management Information Protections: The Dmca's Cmi Landscape After All Headline News And Mcclatchey, Susuk Lim
Washington Journal of Law, Technology & Arts
Copyright management information (CMI), defined by the Digital Millennium Copyright Act (DMCA), is information conveyed with a copyrighted work that identifies the owner and nature of that copyright. Although the DMCA prohibits the knowing removal of CMI under 17 U.S.C. § 1202(b), district court decisions relating to CMI are split on whether its provisions apply only to digital forms or also extend to non-digital CMI conveyance. This Article describes the current state of CMI jurisprudence and the expected effects of possible interpretive outcomes.
