| Article | Title | Author |
|---|
| 2 |
TrademarkDilution.com: Nissan Motor Co. v. Nissan Computer Corp., and the Evolving Law of Trademark Dilution on the Internet
abstract
full article
|
Lawrence F. Rozsnyai |
| 1 |
Broadening the Scope of Electronic Reproductions: The Interpretation of Section 201(c) in Faulkner v. National Geographic Enterprises Inc.
abstract
full article
|
Shan Sivalingam |
| 3 |
Podcasting Pop Songs?: Licensing Concerns with Podcasts that contain Mainstream music
abstract
full article
|
Jared Barrett |
| 4 |
Patent Rights Under FOSS Licensing Schemes
abstract
full article
|
Shaobin Zhu |
| 2 |
Liability for Search Engine Triggering of Trademarked Keywords after Rescuecom
“Trademark keying” is the practice of buying and selling trademarked terms as keywords in search engine advertising campaigns. In September 2006, a federal district court in Rescuecom Corp. v. Google, Inc. held that the practice does not constitute trademark use, a threshold criterion in a trademark infringement claim. Since Rescuecom, the focus of trademark keying litigation has shifted, giving some guidance to potential litigants. In addition, the U.S. Court of Appeals for the Second Circuit has diverged from other circuits. While federal courts within the Second Circuit have fashioned the emerging rule that an advertiser’s internal use of trademarked terms as search engine keywords, without more, is not a trademark use within the meaning of the Lanham Act, courts in other circuits have consistently held that such internal use does constitute trademark use. This Article evaluates the diverging lines of recent cases giving rise to these two approaches, explores what implications the split holds for potential litigants, and provides general guidelines for businesses wishing to avoid infringement claims for trademark keying.
abstract
full article
|
Riana Pfefferkorn |
| 1 |
Walking from Cloud to Cloud: The Portability Issue in Cloud Computing
abstract
full article
|
Robert H. Carpenter, Jr. |
| 13 |
A Matter of Access: How Bypassing DRM Does Not Always Violate the DMCA
abstract
full article
|
Alicia Hoffer |
| 7 |
FRCP 19: A Preferable Alternative to Traditional Judicial Rules for Determining Patent Licensee Standing
abstract
full article
|
Jeffrey Bashaw |
| 93 |
Neutralizing Actual Controversy: How Patent Holders Can Reduce the Risk of Declaratory Judgment in Patent Disputes
abstract
full article
|
Homer Yang-hsien Hsu |
| 105 |
End User Liability for Software Developed with Trade Secrets
abstract
full article
|
Jeff Patterson |
| 135 |
Cross-Border Contributory Patent Infringement in Germany
abstract
full article
|
Prof. Dr. Heinz Goddar |
| 149 |
Copyright Infringement Liability of Placeshifting Services in the United States and Japan
abstract
full article
|
Naoya Isoda |
| 8 |
Copyright Liability for Those Who Provide the Means of Infringement: In light of the RIAA lawsuits, who is at risk for the infringing acts of others?
abstract
full article
|
Karen Horowitz |
| 14 |
The Limits of Expanding Patent Claim Scope to Provoke an Interference with a Competitor
abstract
full article
|
Christopher L. Kuyper |
| 171 |
The "Three Strikes" Policy in Korean Copyright Act 2009: Safe or Out?
abstract
full article
|
Sun-Young Moon & Daeup Kim |
| 217 |
“Capital” Punishment: Evaluating an Investor’s Secondary Copyright Infringement Liability after Veoh
abstract
full article
|
James L. Proctor, Jr. |
| 233 |
Exportability’s Effect on Process Patent Enforcement: Why § 271(f) Export Restrictions Do Not Apply to Intangible Process Claims
abstract
full article
|
Homer Yang-hsien Hsu |
| 247 |
How Much is too Much? Copyright Protection of Short Portions of Text in the United States and European Union after Infopaq International A/S v. Danske Dagblades
abstract
full article
|
Connor Moran |
| 237 |
Cheaper Watches and Copyright Law: Navigating “Gray Markets” After the Supreme Court’s Split in Costco v. Omega, S.A.
abstract
full article
|
Parker A. Howell |
| 265 |
Loaded Question: Examining Loadable Kernel Modules Under the General Public License v2
abstract
full article
|
Curt Blake and Joseph Probst |
| 2 |
TrademarkDilution.com: Nissan Motor Co. v. Nissan Computer Corp., and the Evolving Law of Trademark Dilution on the Internet
abstract
full article
|
Lawrence F. Rozsnyai |
| 1 |
Broadening the Scope of Electronic Reproductions: The Interpretation of Section 201(c) in Faulkner v. National Geographic Enterprises Inc.
abstract
full article
|
Shan Sivalingam |
| 3 |
Podcasting Pop Songs?: Licensing Concerns with Podcasts that contain Mainstream music
abstract
full article
|
Jared Barrett |
| 4 |
Patent Rights Under FOSS Licensing Schemes
abstract
full article
|
Shaobin Zhu |
| 2 |
Liability for Search Engine Triggering of Trademarked Keywords after Rescuecom
“Trademark keying” is the practice of buying and selling trademarked terms as keywords in search engine advertising campaigns. In September 2006, a federal district court in Rescuecom Corp. v. Google, Inc. held that the practice does not constitute trademark use, a threshold criterion in a trademark infringement claim. Since Rescuecom, the focus of trademark keying litigation has shifted, giving some guidance to potential litigants. In addition, the U.S. Court of Appeals for the Second Circuit has diverged from other circuits. While federal courts within the Second Circuit have fashioned the emerging rule that an advertiser’s internal use of trademarked terms as search engine keywords, without more, is not a trademark use within the meaning of the Lanham Act, courts in other circuits have consistently held that such internal use does constitute trademark use. This Article evaluates the diverging lines of recent cases giving rise to these two approaches, explores what implications the split holds for potential litigants, and provides general guidelines for businesses wishing to avoid infringement claims for trademark keying.
abstract
full article
|
Riana Pfefferkorn |
| 1 |
Walking from Cloud to Cloud: The Portability Issue in Cloud Computing
abstract
full article
|
Robert H. Carpenter, Jr. |
| 13 |
A Matter of Access: How Bypassing DRM Does Not Always Violate the DMCA
abstract
full article
|
Alicia Hoffer |
| 7 |
FRCP 19: A Preferable Alternative to Traditional Judicial Rules for Determining Patent Licensee Standing
abstract
full article
|
Jeffrey Bashaw |
| 93 |
Neutralizing Actual Controversy: How Patent Holders Can Reduce the Risk of Declaratory Judgment in Patent Disputes
abstract
full article
|
Homer Yang-hsien Hsu |
| 105 |
End User Liability for Software Developed with Trade Secrets
abstract
full article
|
Jeff Patterson |
| 135 |
Cross-Border Contributory Patent Infringement in Germany
abstract
full article
|
Prof. Dr. Heinz Goddar |
| 149 |
Copyright Infringement Liability of Placeshifting Services in the United States and Japan
abstract
full article
|
Naoya Isoda |
| 8 |
Copyright Liability for Those Who Provide the Means of Infringement: In light of the RIAA lawsuits, who is at risk for the infringing acts of others?
abstract
full article
|
Karen Horowitz |
| 14 |
The Limits of Expanding Patent Claim Scope to Provoke an Interference with a Competitor
abstract
full article
|
Christopher L. Kuyper |
| 171 |
The "Three Strikes" Policy in Korean Copyright Act 2009: Safe or Out?
abstract
full article
|
Sun-Young Moon & Daeup Kim |
| 217 |
“Capital” Punishment: Evaluating an Investor’s Secondary Copyright Infringement Liability after Veoh
abstract
full article
|
James L. Proctor, Jr. |
| 233 |
Exportability’s Effect on Process Patent Enforcement: Why § 271(f) Export Restrictions Do Not Apply to Intangible Process Claims
abstract
full article
|
Homer Yang-hsien Hsu |
| 247 |
How Much is too Much? Copyright Protection of Short Portions of Text in the United States and European Union after Infopaq International A/S v. Danske Dagblades
abstract
full article
|
Connor Moran |
| 237 |
Cheaper Watches and Copyright Law: Navigating “Gray Markets” After the Supreme Court’s Split in Costco v. Omega, S.A.
abstract
full article
|
Parker A. Howell |
| 265 |
Loaded Question: Examining Loadable Kernel Modules Under the General Public License v2
abstract
full article
|
Curt Blake and Joseph Probst |
| 2 |
TrademarkDilution.com: Nissan Motor Co. v. Nissan Computer Corp., and the Evolving Law of Trademark Dilution on the Internet
abstract
full article
|
Lawrence F. Rozsnyai |
| 1 |
Broadening the Scope of Electronic Reproductions: The Interpretation of Section 201(c) in Faulkner v. National Geographic Enterprises Inc.
abstract
full article
|
Shan Sivalingam |
| 3 |
Podcasting Pop Songs?: Licensing Concerns with Podcasts that contain Mainstream music
abstract
full article
|
Jared Barrett |
| 4 |
Patent Rights Under FOSS Licensing Schemes
abstract
full article
|
Shaobin Zhu |
| 2 |
Liability for Search Engine Triggering of Trademarked Keywords after Rescuecom
“Trademark keying” is the practice of buying and selling trademarked terms as keywords in search engine advertising campaigns. In September 2006, a federal district court in Rescuecom Corp. v. Google, Inc. held that the practice does not constitute trademark use, a threshold criterion in a trademark infringement claim. Since Rescuecom, the focus of trademark keying litigation has shifted, giving some guidance to potential litigants. In addition, the U.S. Court of Appeals for the Second Circuit has diverged from other circuits. While federal courts within the Second Circuit have fashioned the emerging rule that an advertiser’s internal use of trademarked terms as search engine keywords, without more, is not a trademark use within the meaning of the Lanham Act, courts in other circuits have consistently held that such internal use does constitute trademark use. This Article evaluates the diverging lines of recent cases giving rise to these two approaches, explores what implications the split holds for potential litigants, and provides general guidelines for businesses wishing to avoid infringement claims for trademark keying.
abstract
full article
|
Riana Pfefferkorn |
| 1 |
Walking from Cloud to Cloud: The Portability Issue in Cloud Computing
abstract
full article
|
Robert H. Carpenter, Jr. |
| 13 |
A Matter of Access: How Bypassing DRM Does Not Always Violate the DMCA
abstract
full article
|
Alicia Hoffer |
| 7 |
FRCP 19: A Preferable Alternative to Traditional Judicial Rules for Determining Patent Licensee Standing
abstract
full article
|
Jeffrey Bashaw |
| 93 |
Neutralizing Actual Controversy: How Patent Holders Can Reduce the Risk of Declaratory Judgment in Patent Disputes
abstract
full article
|
Homer Yang-hsien Hsu |
| 105 |
End User Liability for Software Developed with Trade Secrets
abstract
full article
|
Jeff Patterson |
| 135 |
Cross-Border Contributory Patent Infringement in Germany
abstract
full article
|
Prof. Dr. Heinz Goddar |
| 149 |
Copyright Infringement Liability of Placeshifting Services in the United States and Japan
abstract
full article
|
Naoya Isoda |
| 8 |
Copyright Liability for Those Who Provide the Means of Infringement: In light of the RIAA lawsuits, who is at risk for the infringing acts of others?
abstract
full article
|
Karen Horowitz |
| 14 |
The Limits of Expanding Patent Claim Scope to Provoke an Interference with a Competitor
abstract
full article
|
Christopher L. Kuyper |
| 171 |
The "Three Strikes" Policy in Korean Copyright Act 2009: Safe or Out?
abstract
full article
|
Sun-Young Moon & Daeup Kim |
| 217 |
“Capital” Punishment: Evaluating an Investor’s Secondary Copyright Infringement Liability after Veoh
abstract
full article
|
James L. Proctor, Jr. |
| 233 |
Exportability’s Effect on Process Patent Enforcement: Why § 271(f) Export Restrictions Do Not Apply to Intangible Process Claims
abstract
full article
|
Homer Yang-hsien Hsu |
| 247 |
How Much is too Much? Copyright Protection of Short Portions of Text in the United States and European Union after Infopaq International A/S v. Danske Dagblades
abstract
full article
|
Connor Moran |
| 237 |
Cheaper Watches and Copyright Law: Navigating “Gray Markets” After the Supreme Court’s Split in Costco v. Omega, S.A.
abstract
full article
|
Parker A. Howell |
| 265 |
Loaded Question: Examining Loadable Kernel Modules Under the General Public License v2
abstract
full article
|
Curt Blake and Joseph Probst |
| 2 |
TrademarkDilution.com: Nissan Motor Co. v. Nissan Computer Corp., and the Evolving Law of Trademark Dilution on the Internet
abstract
full article
|
Lawrence F. Rozsnyai |
| 1 |
Broadening the Scope of Electronic Reproductions: The Interpretation of Section 201(c) in Faulkner v. National Geographic Enterprises Inc.
abstract
full article
|
Shan Sivalingam |
| 3 |
Podcasting Pop Songs?: Licensing Concerns with Podcasts that contain Mainstream music
abstract
full article
|
Jared Barrett |
| 4 |
Patent Rights Under FOSS Licensing Schemes
abstract
full article
|
Shaobin Zhu |
| 2 |
Liability for Search Engine Triggering of Trademarked Keywords after Rescuecom
“Trademark keying” is the practice of buying and selling trademarked terms as keywords in search engine advertising campaigns. In September 2006, a federal district court in Rescuecom Corp. v. Google, Inc. held that the practice does not constitute trademark use, a threshold criterion in a trademark infringement claim. Since Rescuecom, the focus of trademark keying litigation has shifted, giving some guidance to potential litigants. In addition, the U.S. Court of Appeals for the Second Circuit has diverged from other circuits. While federal courts within the Second Circuit have fashioned the emerging rule that an advertiser’s internal use of trademarked terms as search engine keywords, without more, is not a trademark use within the meaning of the Lanham Act, courts in other circuits have consistently held that such internal use does constitute trademark use. This Article evaluates the diverging lines of recent cases giving rise to these two approaches, explores what implications the split holds for potential litigants, and provides general guidelines for businesses wishing to avoid infringement claims for trademark keying.
abstract
full article
|
Riana Pfefferkorn |
| 1 |
Walking from Cloud to Cloud: The Portability Issue in Cloud Computing
abstract
full article
|
Robert H. Carpenter, Jr. |
| 13 |
A Matter of Access: How Bypassing DRM Does Not Always Violate the DMCA
abstract
full article
|
Alicia Hoffer |
| 7 |
FRCP 19: A Preferable Alternative to Traditional Judicial Rules for Determining Patent Licensee Standing
abstract
full article
|
Jeffrey Bashaw |
| 93 |
Neutralizing Actual Controversy: How Patent Holders Can Reduce the Risk of Declaratory Judgment in Patent Disputes
abstract
full article
|
Homer Yang-hsien Hsu |
| 105 |
End User Liability for Software Developed with Trade Secrets
abstract
full article
|
Jeff Patterson |
| 135 |
Cross-Border Contributory Patent Infringement in Germany
abstract
full article
|
Prof. Dr. Heinz Goddar |
| 149 |
Copyright Infringement Liability of Placeshifting Services in the United States and Japan
abstract
full article
|
Naoya Isoda |
| 8 |
Copyright Liability for Those Who Provide the Means of Infringement: In light of the RIAA lawsuits, who is at risk for the infringing acts of others?
abstract
full article
|
Karen Horowitz |
| 14 |
The Limits of Expanding Patent Claim Scope to Provoke an Interference with a Competitor
abstract
full article
|
Christopher L. Kuyper |
| 171 |
The "Three Strikes" Policy in Korean Copyright Act 2009: Safe or Out?
abstract
full article
|
Sun-Young Moon & Daeup Kim |
| 217 |
“Capital” Punishment: Evaluating an Investor’s Secondary Copyright Infringement Liability after Veoh
abstract
full article
|
James L. Proctor, Jr. |
| 233 |
Exportability’s Effect on Process Patent Enforcement: Why § 271(f) Export Restrictions Do Not Apply to Intangible Process Claims
abstract
full article
|
Homer Yang-hsien Hsu |
| 247 |
How Much is too Much? Copyright Protection of Short Portions of Text in the United States and European Union after Infopaq International A/S v. Danske Dagblades
abstract
full article
|
Connor Moran |
| 237 |
Cheaper Watches and Copyright Law: Navigating “Gray Markets” After the Supreme Court’s Split in Costco v. Omega, S.A.
abstract
full article
|
Parker A. Howell |
| 265 |
Loaded Question: Examining Loadable Kernel Modules Under the General Public License v2
abstract
full article
|
Curt Blake and Joseph Probst |
| 2 |
TrademarkDilution.com: Nissan Motor Co. v. Nissan Computer Corp., and the Evolving Law of Trademark Dilution on the Internet
abstract
full article
|
Lawrence F. Rozsnyai |
| 1 |
Broadening the Scope of Electronic Reproductions: The Interpretation of Section 201(c) in Faulkner v. National Geographic Enterprises Inc.
abstract
full article
|
Shan Sivalingam |
| 3 |
Podcasting Pop Songs?: Licensing Concerns with Podcasts that contain Mainstream music
abstract
full article
|
Jared Barrett |
| 4 |
Patent Rights Under FOSS Licensing Schemes
abstract
full article
|
Shaobin Zhu |
| 2 |
Liability for Search Engine Triggering of Trademarked Keywords after Rescuecom
“Trademark keying” is the practice of buying and selling trademarked terms as keywords in search engine advertising campaigns. In September 2006, a federal district court in Rescuecom Corp. v. Google, Inc. held that the practice does not constitute trademark use, a threshold criterion in a trademark infringement claim. Since Rescuecom, the focus of trademark keying litigation has shifted, giving some guidance to potential litigants. In addition, the U.S. Court of Appeals for the Second Circuit has diverged from other circuits. While federal courts within the Second Circuit have fashioned the emerging rule that an advertiser’s internal use of trademarked terms as search engine keywords, without more, is not a trademark use within the meaning of the Lanham Act, courts in other circuits have consistently held that such internal use does constitute trademark use. This Article evaluates the diverging lines of recent cases giving rise to these two approaches, explores what implications the split holds for potential litigants, and provides general guidelines for businesses wishing to avoid infringement claims for trademark keying.
abstract
full article
|
Riana Pfefferkorn |
| 1 |
Walking from Cloud to Cloud: The Portability Issue in Cloud Computing
abstract
full article
|
Robert H. Carpenter, Jr. |
| 13 |
A Matter of Access: How Bypassing DRM Does Not Always Violate the DMCA
abstract
full article
|
Alicia Hoffer |
| 7 |
FRCP 19: A Preferable Alternative to Traditional Judicial Rules for Determining Patent Licensee Standing
abstract
full article
|
Jeffrey Bashaw |
| 93 |
Neutralizing Actual Controversy: How Patent Holders Can Reduce the Risk of Declaratory Judgment in Patent Disputes
abstract
full article
|
Homer Yang-hsien Hsu |
| 105 |
End User Liability for Software Developed with Trade Secrets
abstract
full article
|
Jeff Patterson |
| 135 |
Cross-Border Contributory Patent Infringement in Germany
abstract
full article
|
Prof. Dr. Heinz Goddar |
| 149 |
Copyright Infringement Liability of Placeshifting Services in the United States and Japan
abstract
full article
|
Naoya Isoda |
| 8 |
Copyright Liability for Those Who Provide the Means of Infringement: In light of the RIAA lawsuits, who is at risk for the infringing acts of others?
abstract
full article
|
Karen Horowitz |
| 14 |
The Limits of Expanding Patent Claim Scope to Provoke an Interference with a Competitor
abstract
full article
|
Christopher L. Kuyper |
| 171 |
The "Three Strikes" Policy in Korean Copyright Act 2009: Safe or Out?
abstract
full article
|
Sun-Young Moon & Daeup Kim |
| 217 |
“Capital” Punishment: Evaluating an Investor’s Secondary Copyright Infringement Liability after Veoh
abstract
full article
|
James L. Proctor, Jr. |
| 233 |
Exportability’s Effect on Process Patent Enforcement: Why § 271(f) Export Restrictions Do Not Apply to Intangible Process Claims
abstract
full article
|
Homer Yang-hsien Hsu |
| 247 |
How Much is too Much? Copyright Protection of Short Portions of Text in the United States and European Union after Infopaq International A/S v. Danske Dagblades
abstract
full article
|
Connor Moran |
| 237 |
Cheaper Watches and Copyright Law: Navigating “Gray Markets” After the Supreme Court’s Split in Costco v. Omega, S.A.
abstract
full article
|
Parker A. Howell |
| 265 |
Loaded Question: Examining Loadable Kernel Modules Under the General Public License v2
abstract
full article
|
Curt Blake and Joseph Probst |
| 2 |
TrademarkDilution.com: Nissan Motor Co. v. Nissan Computer Corp., and the Evolving Law of Trademark Dilution on the Internet
abstract
full article
|
Lawrence F. Rozsnyai |
| 1 |
Broadening the Scope of Electronic Reproductions: The Interpretation of Section 201(c) in Faulkner v. National Geographic Enterprises Inc.
abstract
full article
|
Shan Sivalingam |
| 3 |
Podcasting Pop Songs?: Licensing Concerns with Podcasts that contain Mainstream music
abstract
full article
|
Jared Barrett |
| 4 |
Patent Rights Under FOSS Licensing Schemes
abstract
full article
|
Shaobin Zhu |
| 2 |
Liability for Search Engine Triggering of Trademarked Keywords after Rescuecom
“Trademark keying” is the practice of buying and selling trademarked terms as keywords in search engine advertising campaigns. In September 2006, a federal district court in Rescuecom Corp. v. Google, Inc. held that the practice does not constitute trademark use, a threshold criterion in a trademark infringement claim. Since Rescuecom, the focus of trademark keying litigation has shifted, giving some guidance to potential litigants. In addition, the U.S. Court of Appeals for the Second Circuit has diverged from other circuits. While federal courts within the Second Circuit have fashioned the emerging rule that an advertiser’s internal use of trademarked terms as search engine keywords, without more, is not a trademark use within the meaning of the Lanham Act, courts in other circuits have consistently held that such internal use does constitute trademark use. This Article evaluates the diverging lines of recent cases giving rise to these two approaches, explores what implications the split holds for potential litigants, and provides general guidelines for businesses wishing to avoid infringement claims for trademark keying.
abstract
full article
|
Riana Pfefferkorn |
| 1 |
Walking from Cloud to Cloud: The Portability Issue in Cloud Computing
abstract
full article
|
Robert H. Carpenter, Jr. |
| 13 |
A Matter of Access: How Bypassing DRM Does Not Always Violate the DMCA
abstract
full article
|
Alicia Hoffer |
| 7 |
FRCP 19: A Preferable Alternative to Traditional Judicial Rules for Determining Patent Licensee Standing
abstract
full article
|
Jeffrey Bashaw |
| 93 |
Neutralizing Actual Controversy: How Patent Holders Can Reduce the Risk of Declaratory Judgment in Patent Disputes
abstract
full article
|
Homer Yang-hsien Hsu |
| 105 |
End User Liability for Software Developed with Trade Secrets
abstract
full article
|
Jeff Patterson |
| 135 |
Cross-Border Contributory Patent Infringement in Germany
abstract
full article
|
Prof. Dr. Heinz Goddar |
| 149 |
Copyright Infringement Liability of Placeshifting Services in the United States and Japan
abstract
full article
|
Naoya Isoda |
| 8 |
Copyright Liability for Those Who Provide the Means of Infringement: In light of the RIAA lawsuits, who is at risk for the infringing acts of others?
abstract
full article
|
Karen Horowitz |
| 14 |
The Limits of Expanding Patent Claim Scope to Provoke an Interference with a Competitor
abstract
full article
|
Christopher L. Kuyper |
| 171 |
The "Three Strikes" Policy in Korean Copyright Act 2009: Safe or Out?
abstract
full article
|
Sun-Young Moon & Daeup Kim |
| 217 |
“Capital” Punishment: Evaluating an Investor’s Secondary Copyright Infringement Liability after Veoh
abstract
full article
|
James L. Proctor, Jr. |
| 233 |
Exportability’s Effect on Process Patent Enforcement: Why § 271(f) Export Restrictions Do Not Apply to Intangible Process Claims
abstract
full article
|
Homer Yang-hsien Hsu |
| 247 |
How Much is too Much? Copyright Protection of Short Portions of Text in the United States and European Union after Infopaq International A/S v. Danske Dagblades
abstract
full article
|
Connor Moran |
| 237 |
Cheaper Watches and Copyright Law: Navigating “Gray Markets” After the Supreme Court’s Split in Costco v. Omega, S.A.
abstract
full article
|
Parker A. Howell |
| 265 |
Loaded Question: Examining Loadable Kernel Modules Under the General Public License v2
abstract
full article
|
Curt Blake and Joseph Probst |
| 2 |
TrademarkDilution.com: Nissan Motor Co. v. Nissan Computer Corp., and the Evolving Law of Trademark Dilution on the Internet
abstract
full article
|
Lawrence F. Rozsnyai |
| 1 |
Broadening the Scope of Electronic Reproductions: The Interpretation of Section 201(c) in Faulkner v. National Geographic Enterprises Inc.
abstract
full article
|
Shan Sivalingam |
| 3 |
Podcasting Pop Songs?: Licensing Concerns with Podcasts that contain Mainstream music
abstract
full article
|
Jared Barrett |
| 4 |
Patent Rights Under FOSS Licensing Schemes
abstract
full article
|
Shaobin Zhu |
| 2 |
Liability for Search Engine Triggering of Trademarked Keywords after Rescuecom
“Trademark keying” is the practice of buying and selling trademarked terms as keywords in search engine advertising campaigns. In September 2006, a federal district court in Rescuecom Corp. v. Google, Inc. held that the practice does not constitute trademark use, a threshold criterion in a trademark infringement claim. Since Rescuecom, the focus of trademark keying litigation has shifted, giving some guidance to potential litigants. In addition, the U.S. Court of Appeals for the Second Circuit has diverged from other circuits. While federal courts within the Second Circuit have fashioned the emerging rule that an advertiser’s internal use of trademarked terms as search engine keywords, without more, is not a trademark use within the meaning of the Lanham Act, courts in other circuits have consistently held that such internal use does constitute trademark use. This Article evaluates the diverging lines of recent cases giving rise to these two approaches, explores what implications the split holds for potential litigants, and provides general guidelines for businesses wishing to avoid infringement claims for trademark keying.
abstract
full article
|
Riana Pfefferkorn |
| 1 |
Walking from Cloud to Cloud: The Portability Issue in Cloud Computing
abstract
full article
|
Robert H. Carpenter, Jr. |
| 13 |
A Matter of Access: How Bypassing DRM Does Not Always Violate the DMCA
abstract
full article
|
Alicia Hoffer |
| 7 |
FRCP 19: A Preferable Alternative to Traditional Judicial Rules for Determining Patent Licensee Standing
abstract
full article
|
Jeffrey Bashaw |
| 93 |
Neutralizing Actual Controversy: How Patent Holders Can Reduce the Risk of Declaratory Judgment in Patent Disputes
abstract
full article
|
Homer Yang-hsien Hsu |
| 105 |
End User Liability for Software Developed with Trade Secrets
abstract
full article
|
Jeff Patterson |
| 135 |
Cross-Border Contributory Patent Infringement in Germany
abstract
full article
|
Prof. Dr. Heinz Goddar |
| 149 |
Copyright Infringement Liability of Placeshifting Services in the United States and Japan
abstract
full article
|
Naoya Isoda |
| 8 |
Copyright Liability for Those Who Provide the Means of Infringement: In light of the RIAA lawsuits, who is at risk for the infringing acts of others?
abstract
full article
|
Karen Horowitz |
| 14 |
The Limits of Expanding Patent Claim Scope to Provoke an Interference with a Competitor
abstract
full article
|
Christopher L. Kuyper |
| 171 |
The "Three Strikes" Policy in Korean Copyright Act 2009: Safe or Out?
abstract
full article
|
Sun-Young Moon & Daeup Kim |
| 217 |
“Capital” Punishment: Evaluating an Investor’s Secondary Copyright Infringement Liability after Veoh
abstract
full article
|
James L. Proctor, Jr. |
| 233 |
Exportability’s Effect on Process Patent Enforcement: Why § 271(f) Export Restrictions Do Not Apply to Intangible Process Claims
abstract
full article
|
Homer Yang-hsien Hsu |
| 247 |
How Much is too Much? Copyright Protection of Short Portions of Text in the United States and European Union after Infopaq International A/S v. Danske Dagblades
abstract
full article
|
Connor Moran |
| 237 |
Cheaper Watches and Copyright Law: Navigating “Gray Markets” After the Supreme Court’s Split in Costco v. Omega, S.A.
abstract
full article
|
Parker A. Howell |
| 265 |
Loaded Question: Examining Loadable Kernel Modules Under the General Public License v2
abstract
full article
|
Curt Blake and Joseph Probst |
| 2 |
TrademarkDilution.com: Nissan Motor Co. v. Nissan Computer Corp., and the Evolving Law of Trademark Dilution on the Internet
abstract
full article
|
Lawrence F. Rozsnyai |
| 1 |
Broadening the Scope of Electronic Reproductions: The Interpretation of Section 201(c) in Faulkner v. National Geographic Enterprises Inc.
abstract
full article
|
Shan Sivalingam |
| 3 |
Podcasting Pop Songs?: Licensing Concerns with Podcasts that contain Mainstream music
abstract
full article
|
Jared Barrett |
| 4 |
Patent Rights Under FOSS Licensing Schemes
abstract
full article
|
Shaobin Zhu |
| 2 |
Liability for Search Engine Triggering of Trademarked Keywords after Rescuecom
“Trademark keying” is the practice of buying and selling trademarked terms as keywords in search engine advertising campaigns. In September 2006, a federal district court in Rescuecom Corp. v. Google, Inc. held that the practice does not constitute trademark use, a threshold criterion in a trademark infringement claim. Since Rescuecom, the focus of trademark keying litigation has shifted, giving some guidance to potential litigants. In addition, the U.S. Court of Appeals for the Second Circuit has diverged from other circuits. While federal courts within the Second Circuit have fashioned the emerging rule that an advertiser’s internal use of trademarked terms as search engine keywords, without more, is not a trademark use within the meaning of the Lanham Act, courts in other circuits have consistently held that such internal use does constitute trademark use. This Article evaluates the diverging lines of recent cases giving rise to these two approaches, explores what implications the split holds for potential litigants, and provides general guidelines for businesses wishing to avoid infringement claims for trademark keying.
abstract
full article
|
Riana Pfefferkorn |
| 1 |
Walking from Cloud to Cloud: The Portability Issue in Cloud Computing
abstract
full article
|
Robert H. Carpenter, Jr. |
| 13 |
A Matter of Access: How Bypassing DRM Does Not Always Violate the DMCA
abstract
full article
|
Alicia Hoffer |
| 7 |
FRCP 19: A Preferable Alternative to Traditional Judicial Rules for Determining Patent Licensee Standing
abstract
full article
|
Jeffrey Bashaw |
| 93 |
Neutralizing Actual Controversy: How Patent Holders Can Reduce the Risk of Declaratory Judgment in Patent Disputes
abstract
full article
|
Homer Yang-hsien Hsu |
| 105 |
End User Liability for Software Developed with Trade Secrets
abstract
full article
|
Jeff Patterson |
| 135 |
Cross-Border Contributory Patent Infringement in Germany
abstract
full article
|
Prof. Dr. Heinz Goddar |
| 149 |
Copyright Infringement Liability of Placeshifting Services in the United States and Japan
abstract
full article
|
Naoya Isoda |
| 2 |
TrademarkDilution.com: Nissan Motor Co. v. Nissan Computer Corp., and the Evolving Law of Trademark Dilution on the Internet
abstract
full article
|
Lawrence F. Rozsnyai |
| 1 |
Broadening the Scope of Electronic Reproductions: The Interpretation of Section 201(c) in Faulkner v. National Geographic Enterprises Inc.
abstract
full article
|
Shan Sivalingam |
| 3 |
Podcasting Pop Songs?: Licensing Concerns with Podcasts that contain Mainstream music
abstract
full article
|
Jared Barrett |
| 4 |
Patent Rights Under FOSS Licensing Schemes
abstract
full article
|
Shaobin Zhu |
| 2 |
Liability for Search Engine Triggering of Trademarked Keywords after Rescuecom
“Trademark keying” is the practice of buying and selling trademarked terms as keywords in search engine advertising campaigns. In September 2006, a federal district court in Rescuecom Corp. v. Google, Inc. held that the practice does not constitute trademark use, a threshold criterion in a trademark infringement claim. Since Rescuecom, the focus of trademark keying litigation has shifted, giving some guidance to potential litigants. In addition, the U.S. Court of Appeals for the Second Circuit has diverged from other circuits. While federal courts within the Second Circuit have fashioned the emerging rule that an advertiser’s internal use of trademarked terms as search engine keywords, without more, is not a trademark use within the meaning of the Lanham Act, courts in other circuits have consistently held that such internal use does constitute trademark use. This Article evaluates the diverging lines of recent cases giving rise to these two approaches, explores what implications the split holds for potential litigants, and provides general guidelines for businesses wishing to avoid infringement claims for trademark keying.
abstract
full article
|
Riana Pfefferkorn |
| 1 |
Walking from Cloud to Cloud: The Portability Issue in Cloud Computing
abstract
full article
|
Robert H. Carpenter, Jr. |
| 13 |
A Matter of Access: How Bypassing DRM Does Not Always Violate the DMCA
abstract
full article
|
Alicia Hoffer |
| 2 |
TrademarkDilution.com: Nissan Motor Co. v. Nissan Computer Corp., and the Evolving Law of Trademark Dilution on the Internet
abstract
full article
|
Lawrence F. Rozsnyai |
| 1 |
Broadening the Scope of Electronic Reproductions: The Interpretation of Section 201(c) in Faulkner v. National Geographic Enterprises Inc.
abstract
full article
|
Shan Sivalingam |
| 3 |
Podcasting Pop Songs?: Licensing Concerns with Podcasts that contain Mainstream music
abstract
full article
|
Jared Barrett |
| 4 |
Patent Rights Under FOSS Licensing Schemes
abstract
full article
|
Shaobin Zhu |
| 2 |
Liability for Search Engine Triggering of Trademarked Keywords after Rescuecom
“Trademark keying” is the practice of buying and selling trademarked terms as keywords in search engine advertising campaigns. In September 2006, a federal district court in Rescuecom Corp. v. Google, Inc. held that the practice does not constitute trademark use, a threshold criterion in a trademark infringement claim. Since Rescuecom, the focus of trademark keying litigation has shifted, giving some guidance to potential litigants. In addition, the U.S. Court of Appeals for the Second Circuit has diverged from other circuits. While federal courts within the Second Circuit have fashioned the emerging rule that an advertiser’s internal use of trademarked terms as search engine keywords, without more, is not a trademark use within the meaning of the Lanham Act, courts in other circuits have consistently held that such internal use does constitute trademark use. This Article evaluates the diverging lines of recent cases giving rise to these two approaches, explores what implications the split holds for potential litigants, and provides general guidelines for businesses wishing to avoid infringement claims for trademark keying.
abstract
full article
|
Riana Pfefferkorn |
| 1 |
Walking from Cloud to Cloud: The Portability Issue in Cloud Computing
abstract
full article
|
Robert H. Carpenter, Jr. |
| 13 |
A Matter of Access: How Bypassing DRM Does Not Always Violate the DMCA
abstract
full article
|
Alicia Hoffer |
| 7 |
FRCP 19: A Preferable Alternative to Traditional Judicial Rules for Determining Patent Licensee Standing
abstract
full article
|
Jeffrey Bashaw |
| 93 |
Neutralizing Actual Controversy: How Patent Holders Can Reduce the Risk of Declaratory Judgment in Patent Disputes
abstract
full article
|
Homer Yang-hsien Hsu |
| 105 |
End User Liability for Software Developed with Trade Secrets
abstract
full article
|
Jeff Patterson |
| 135 |
Cross-Border Contributory Patent Infringement in Germany
abstract
full article
|
Prof. Dr. Heinz Goddar |
| 149 |
Copyright Infringement Liability of Placeshifting Services in the United States and Japan
abstract
full article
|
Naoya Isoda |
| 2 |
TrademarkDilution.com: Nissan Motor Co. v. Nissan Computer Corp., and the Evolving Law of Trademark Dilution on the Internet
abstract
full article
|
Lawrence F. Rozsnyai |
| 1 |
Broadening the Scope of Electronic Reproductions: The Interpretation of Section 201(c) in Faulkner v. National Geographic Enterprises Inc.
abstract
full article
|
Shan Sivalingam |
| 3 |
Podcasting Pop Songs?: Licensing Concerns with Podcasts that contain Mainstream music
abstract
full article
|
Jared Barrett |
| 4 |
Patent Rights Under FOSS Licensing Schemes
abstract
full article
|
Shaobin Zhu |
| 2 |
Liability for Search Engine Triggering of Trademarked Keywords after Rescuecom
“Trademark keying” is the practice of buying and selling trademarked terms as keywords in search engine advertising campaigns. In September 2006, a federal district court in Rescuecom Corp. v. Google, Inc. held that the practice does not constitute trademark use, a threshold criterion in a trademark infringement claim. Since Rescuecom, the focus of trademark keying litigation has shifted, giving some guidance to potential litigants. In addition, the U.S. Court of Appeals for the Second Circuit has diverged from other circuits. While federal courts within the Second Circuit have fashioned the emerging rule that an advertiser’s internal use of trademarked terms as search engine keywords, without more, is not a trademark use within the meaning of the Lanham Act, courts in other circuits have consistently held that such internal use does constitute trademark use. This Article evaluates the diverging lines of recent cases giving rise to these two approaches, explores what implications the split holds for potential litigants, and provides general guidelines for businesses wishing to avoid infringement claims for trademark keying.
abstract
full article
|
Riana Pfefferkorn |
| 1 |
Walking from Cloud to Cloud: The Portability Issue in Cloud Computing
abstract
full article
|
Robert H. Carpenter, Jr. |
| 13 |
A Matter of Access: How Bypassing DRM Does Not Always Violate the DMCA
abstract
full article
|
Alicia Hoffer |
| 2 |
TrademarkDilution.com: Nissan Motor Co. v. Nissan Computer Corp., and the Evolving Law of Trademark Dilution on the Internet
abstract
full article
|
Lawrence F. Rozsnyai |
| 1 |
Broadening the Scope of Electronic Reproductions: The Interpretation of Section 201(c) in Faulkner v. National Geographic Enterprises Inc.
abstract
full article
|
Shan Sivalingam |
| 3 |
Podcasting Pop Songs?: Licensing Concerns with Podcasts that contain Mainstream music
abstract
full article
|
Jared Barrett |
| 4 |
Patent Rights Under FOSS Licensing Schemes
abstract
full article
|
Shaobin Zhu |
| 2 |
Liability for Search Engine Triggering of Trademarked Keywords after Rescuecom
“Trademark keying” is the practice of buying and selling trademarked terms as keywords in search engine advertising campaigns. In September 2006, a federal district court in Rescuecom Corp. v. Google, Inc. held that the practice does not constitute trademark use, a threshold criterion in a trademark infringement claim. Since Rescuecom, the focus of trademark keying litigation has shifted, giving some guidance to potential litigants. In addition, the U.S. Court of Appeals for the Second Circuit has diverged from other circuits. While federal courts within the Second Circuit have fashioned the emerging rule that an advertiser’s internal use of trademarked terms as search engine keywords, without more, is not a trademark use within the meaning of the Lanham Act, courts in other circuits have consistently held that such internal use does constitute trademark use. This Article evaluates the diverging lines of recent cases giving rise to these two approaches, explores what implications the split holds for potential litigants, and provides general guidelines for businesses wishing to avoid infringement claims for trademark keying.
abstract
full article
|
Riana Pfefferkorn |
| 1 |
Walking from Cloud to Cloud: The Portability Issue in Cloud Computing
abstract
full article
|
Robert H. Carpenter, Jr. |
| 13 |
A Matter of Access: How Bypassing DRM Does Not Always Violate the DMCA
abstract
full article
|
Alicia Hoffer |
| 7 |
FRCP 19: A Preferable Alternative to Traditional Judicial Rules for Determining Patent Licensee Standing
abstract
full article
|
Jeffrey Bashaw |
| 93 |
Neutralizing Actual Controversy: How Patent Holders Can Reduce the Risk of Declaratory Judgment in Patent Disputes
abstract
full article
|
Homer Yang-hsien Hsu |
| 105 |
End User Liability for Software Developed with Trade Secrets
abstract
full article
|
Jeff Patterson |
| 135 |
Cross-Border Contributory Patent Infringement in Germany
abstract
full article
|
Prof. Dr. Heinz Goddar |
| 149 |
Copyright Infringement Liability of Placeshifting Services in the United States and Japan
abstract
full article
|
Naoya Isoda |
| 8 |
Copyright Liability for Those Who Provide the Means of Infringement: In light of the RIAA lawsuits, who is at risk for the infringing acts of others?
abstract
full article
|
Karen Horowitz |
| 14 |
The Limits of Expanding Patent Claim Scope to Provoke an Interference with a Competitor
abstract
full article
|
Christopher L. Kuyper |
| 171 |
The "Three Strikes" Policy in Korean Copyright Act 2009: Safe or Out?
abstract
full article
|
Sun-Young Moon & Daeup Kim |
| 217 |
“Capital” Punishment: Evaluating an Investor’s Secondary Copyright Infringement Liability after Veoh
abstract
full article
|
James L. Proctor, Jr. |
| 233 |
Exportability’s Effect on Process Patent Enforcement: Why § 271(f) Export Restrictions Do Not Apply to Intangible Process Claims
abstract
full article
|
Homer Yang-hsien Hsu |
| 247 |
How Much is too Much? Copyright Protection of Short Portions of Text in the United States and European Union after Infopaq International A/S v. Danske Dagblades
abstract
full article
|
Connor Moran |
| 237 |
Cheaper Watches and Copyright Law: Navigating “Gray Markets” After the Supreme Court’s Split in Costco v. Omega, S.A.
abstract
full article
|
Parker A. Howell |
| 265 |
Loaded Question: Examining Loadable Kernel Modules Under the General Public License v2
abstract
full article
|
Curt Blake and Joseph Probst |
| 2 |
TrademarkDilution.com: Nissan Motor Co. v. Nissan Computer Corp., and the Evolving Law of Trademark Dilution on the Internet
abstract
full article
|
Lawrence F. Rozsnyai |
| 1 |
Broadening the Scope of Electronic Reproductions: The Interpretation of Section 201(c) in Faulkner v. National Geographic Enterprises Inc.
abstract
full article
|
Shan Sivalingam |
| 3 |
Podcasting Pop Songs?: Licensing Concerns with Podcasts that contain Mainstream music
abstract
full article
|
Jared Barrett |
| 4 |
Patent Rights Under FOSS Licensing Schemes
abstract
full article
|
Shaobin Zhu |
| 2 |
Liability for Search Engine Triggering of Trademarked Keywords after Rescuecom
“Trademark keying” is the practice of buying and selling trademarked terms as keywords in search engine advertising campaigns. In September 2006, a federal district court in Rescuecom Corp. v. Google, Inc. held that the practice does not constitute trademark use, a threshold criterion in a trademark infringement claim. Since Rescuecom, the focus of trademark keying litigation has shifted, giving some guidance to potential litigants. In addition, the U.S. Court of Appeals for the Second Circuit has diverged from other circuits. While federal courts within the Second Circuit have fashioned the emerging rule that an advertiser’s internal use of trademarked terms as search engine keywords, without more, is not a trademark use within the meaning of the Lanham Act, courts in other circuits have consistently held that such internal use does constitute trademark use. This Article evaluates the diverging lines of recent cases giving rise to these two approaches, explores what implications the split holds for potential litigants, and provides general guidelines for businesses wishing to avoid infringement claims for trademark keying.
abstract
full article
|
Riana Pfefferkorn |
| 1 |
Walking from Cloud to Cloud: The Portability Issue in Cloud Computing
abstract
full article
|
Robert H. Carpenter, Jr. |
| 13 |
A Matter of Access: How Bypassing DRM Does Not Always Violate the DMCA
abstract
full article
|
Alicia Hoffer |
| 7 |
FRCP 19: A Preferable Alternative to Traditional Judicial Rules for Determining Patent Licensee Standing
abstract
full article
|
Jeffrey Bashaw |
| 93 |
Neutralizing Actual Controversy: How Patent Holders Can Reduce the Risk of Declaratory Judgment in Patent Disputes
abstract
full article
|
Homer Yang-hsien Hsu |
| 105 |
End User Liability for Software Developed with Trade Secrets
abstract
full article
|
Jeff Patterson |
| 135 |
Cross-Border Contributory Patent Infringement in Germany
abstract
full article
|
Prof. Dr. Heinz Goddar |
| 149 |
Copyright Infringement Liability of Placeshifting Services in the United States and Japan
abstract
full article
|
Naoya Isoda |
| 8 |
Copyright Liability for Those Who Provide the Means of Infringement: In light of the RIAA lawsuits, who is at risk for the infringing acts of others?
abstract
full article
|
Karen Horowitz |
| 14 |
The Limits of Expanding Patent Claim Scope to Provoke an Interference with a Competitor
abstract
full article
|
Christopher L. Kuyper |
| 171 |
The "Three Strikes" Policy in Korean Copyright Act 2009: Safe or Out?
abstract
full article
|
Sun-Young Moon & Daeup Kim |
| 217 |
“Capital” Punishment: Evaluating an Investor’s Secondary Copyright Infringement Liability after Veoh
abstract
full article
|
James L. Proctor, Jr. |
| 233 |
Exportability’s Effect on Process Patent Enforcement: Why § 271(f) Export Restrictions Do Not Apply to Intangible Process Claims
abstract
full article
|
Homer Yang-hsien Hsu |
| 247 |
How Much is too Much? Copyright Protection of Short Portions of Text in the United States and European Union after Infopaq International A/S v. Danske Dagblades
abstract
full article
|
Connor Moran |
| 237 |
Cheaper Watches and Copyright Law: Navigating “Gray Markets” After the Supreme Court’s Split in Costco v. Omega, S.A.
abstract
full article
|
Parker A. Howell |
| 265 |
Loaded Question: Examining Loadable Kernel Modules Under the General Public License v2
abstract
full article
|
Curt Blake and Joseph Probst |
| 15 |
Easy Come, Easy Go: Copyright Infringement and the DMCA's Notice and Takedown Provision in Light of Rossi v. MPAA
abstract
full article
|
Lawrence F. Rozsnyai |
| 16 |
The Failures and Promises of Canada’s Alternative Compensation System for Private Reproduction of Copyrighted Recordings
abstract
full article
|
Evgenia Fkiaras |
| 15 |
Cases in Wake of Dastar v. Twentieth Century Fox Continue to Narrow the Scope of a "Reverse Passing Off" Claim
abstract
full article
|
Jared Barrett |
| 259 |
Choose Your Words Wisely: Affirmative Representations as a Limit on § 230 Immunity
abstract
full article
|
Jeffrey R. Doty |
| 297 |
A Survey of the DMCA’s Copyright Management Information Protections: The DMCA’s CMI Landscape After All Headline News and McClatchey
abstract
full article
|
Susuk Lim |
| 311 |
Jacobson Revisited: Conditions, Covenants and the Future of Open-Source Software Licenses
abstract
full article
|
Yamini Menon |
| 2 |
TrademarkDilution.com: Nissan Motor Co. v. Nissan Computer Corp., and the Evolving Law of Trademark Dilution on the Internet
abstract
full article
|
Lawrence F. Rozsnyai |
| 1 |
Broadening the Scope of Electronic Reproductions: The Interpretation of Section 201(c) in Faulkner v. National Geographic Enterprises Inc.
abstract
full article
|
Shan Sivalingam |
| 3 |
Podcasting Pop Songs?: Licensing Concerns with Podcasts that contain Mainstream music
abstract
full article
|
Jared Barrett |
| 4 |
Patent Rights Under FOSS Licensing Schemes
abstract
full article
|
Shaobin Zhu |
| 2 |
Liability for Search Engine Triggering of Trademarked Keywords after Rescuecom
“Trademark keying” is the practice of buying and selling trademarked terms as keywords in search engine advertising campaigns. In September 2006, a federal district court in Rescuecom Corp. v. Google, Inc. held that the practice does not constitute trademark use, a threshold criterion in a trademark infringement claim. Since Rescuecom, the focus of trademark keying litigation has shifted, giving some guidance to potential litigants. In addition, the U.S. Court of Appeals for the Second Circuit has diverged from other circuits. While federal courts within the Second Circuit have fashioned the emerging rule that an advertiser’s internal use of trademarked terms as search engine keywords, without more, is not a trademark use within the meaning of the Lanham Act, courts in other circuits have consistently held that such internal use does constitute trademark use. This Article evaluates the diverging lines of recent cases giving rise to these two approaches, explores what implications the split holds for potential litigants, and provides general guidelines for businesses wishing to avoid infringement claims for trademark keying.
abstract
full article
|
Riana Pfefferkorn |
| 1 |
Walking from Cloud to Cloud: The Portability Issue in Cloud Computing
abstract
full article
|
Robert H. Carpenter, Jr. |
| 13 |
A Matter of Access: How Bypassing DRM Does Not Always Violate the DMCA
abstract
full article
|
Alicia Hoffer |
| 7 |
FRCP 19: A Preferable Alternative to Traditional Judicial Rules for Determining Patent Licensee Standing
abstract
full article
|
Jeffrey Bashaw |
| 93 |
Neutralizing Actual Controversy: How Patent Holders Can Reduce the Risk of Declaratory Judgment in Patent Disputes
abstract
full article
|
Homer Yang-hsien Hsu |
| 105 |
End User Liability for Software Developed with Trade Secrets
abstract
full article
|
Jeff Patterson |
| 135 |
Cross-Border Contributory Patent Infringement in Germany
abstract
full article
|
Prof. Dr. Heinz Goddar |
| 149 |
Copyright Infringement Liability of Placeshifting Services in the United States and Japan
abstract
full article
|
Naoya Isoda |
| 8 |
Copyright Liability for Those Who Provide the Means of Infringement: In light of the RIAA lawsuits, who is at risk for the infringing acts of others?
abstract
full article
|
Karen Horowitz |
| 14 |
The Limits of Expanding Patent Claim Scope to Provoke an Interference with a Competitor
abstract
full article
|
Christopher L. Kuyper |
| 171 |
The "Three Strikes" Policy in Korean Copyright Act 2009: Safe or Out?
abstract
full article
|
Sun-Young Moon & Daeup Kim |
| 217 |
“Capital” Punishment: Evaluating an Investor’s Secondary Copyright Infringement Liability after Veoh
abstract
full article
|
James L. Proctor, Jr. |
| 233 |
Exportability’s Effect on Process Patent Enforcement: Why § 271(f) Export Restrictions Do Not Apply to Intangible Process Claims
abstract
full article
|
Homer Yang-hsien Hsu |
| 247 |
How Much is too Much? Copyright Protection of Short Portions of Text in the United States and European Union after Infopaq International A/S v. Danske Dagblades
abstract
full article
|
Connor Moran |
| 237 |
Cheaper Watches and Copyright Law: Navigating “Gray Markets” After the Supreme Court’s Split in Costco v. Omega, S.A.
abstract
full article
|
Parker A. Howell |
| 265 |
Loaded Question: Examining Loadable Kernel Modules Under the General Public License v2
abstract
full article
|
Curt Blake and Joseph Probst |
| 15 |
Easy Come, Easy Go: Copyright Infringement and the DMCA's Notice and Takedown Provision in Light of Rossi v. MPAA
abstract
full article
|
Lawrence F. Rozsnyai |
| 16 |
The Failures and Promises of Canada’s Alternative Compensation System for Private Reproduction of Copyrighted Recordings
abstract
full article
|
Evgenia Fkiaras |
| 15 |
Cases in Wake of Dastar v. Twentieth Century Fox Continue to Narrow the Scope of a "Reverse Passing Off" Claim
abstract
full article
|
Jared Barrett |
| 259 |
Choose Your Words Wisely: Affirmative Representations as a Limit on § 230 Immunity
abstract
full article
|
Jeffrey R. Doty |
| 297 |
A Survey of the DMCA’s Copyright Management Information Protections: The DMCA’s CMI Landscape After All Headline News and McClatchey
abstract
full article
|
Susuk Lim |
| 311 |
Jacobson Revisited: Conditions, Covenants and the Future of Open-Source Software Licenses
abstract
full article
|
Yamini Menon |
| 2 |
TrademarkDilution.com: Nissan Motor Co. v. Nissan Computer Corp., and the Evolving Law of Trademark Dilution on the Internet
abstract
full article
|
Lawrence F. Rozsnyai |
| 1 |
Broadening the Scope of Electronic Reproductions: The Interpretation of Section 201(c) in Faulkner v. National Geographic Enterprises Inc.
abstract
full article
|
Shan Sivalingam |
| 3 |
Podcasting Pop Songs?: Licensing Concerns with Podcasts that contain Mainstream music
abstract
full article
|
Jared Barrett |
| 4 |
Patent Rights Under FOSS Licensing Schemes
abstract
full article
|
Shaobin Zhu |
| 2 |
Liability for Search Engine Triggering of Trademarked Keywords after Rescuecom
“Trademark keying” is the practice of buying and selling trademarked terms as keywords in search engine advertising campaigns. In September 2006, a federal district court in Rescuecom Corp. v. Google, Inc. held that the practice does not constitute trademark use, a threshold criterion in a trademark infringement claim. Since Rescuecom, the focus of trademark keying litigation has shifted, giving some guidance to potential litigants. In addition, the U.S. Court of Appeals for the Second Circuit has diverged from other circuits. While federal courts within the Second Circuit have fashioned the emerging rule that an advertiser’s internal use of trademarked terms as search engine keywords, without more, is not a trademark use within the meaning of the Lanham Act, courts in other circuits have consistently held that such internal use does constitute trademark use. This Article evaluates the diverging lines of recent cases giving rise to these two approaches, explores what implications the split holds for potential litigants, and provides general guidelines for businesses wishing to avoid infringement claims for trademark keying.
abstract
full article
|
Riana Pfefferkorn |
| 1 |
Walking from Cloud to Cloud: The Portability Issue in Cloud Computing
abstract
full article
|
Robert H. Carpenter, Jr. |
| 13 |
A Matter of Access: How Bypassing DRM Does Not Always Violate the DMCA
abstract
full article
|
Alicia Hoffer |
| 7 |
FRCP 19: A Preferable Alternative to Traditional Judicial Rules for Determining Patent Licensee Standing
abstract
full article
|
Jeffrey Bashaw |
| 93 |
Neutralizing Actual Controversy: How Patent Holders Can Reduce the Risk of Declaratory Judgment in Patent Disputes
abstract
full article
|
Homer Yang-hsien Hsu |
| 105 |
End User Liability for Software Developed with Trade Secrets
abstract
full article
|
Jeff Patterson |
| 135 |
Cross-Border Contributory Patent Infringement in Germany
abstract
full article
|
Prof. Dr. Heinz Goddar |
| 149 |
Copyright Infringement Liability of Placeshifting Services in the United States and Japan
abstract
full article
|
Naoya Isoda |
| 8 |
Copyright Liability for Those Who Provide the Means of Infringement: In light of the RIAA lawsuits, who is at risk for the infringing acts of others?
abstract
full article
|
Karen Horowitz |
| 14 |
The Limits of Expanding Patent Claim Scope to Provoke an Interference with a Competitor
abstract
full article
|
Christopher L. Kuyper |
| 171 |
The "Three Strikes" Policy in Korean Copyright Act 2009: Safe or Out?
abstract
full article
|
Sun-Young Moon & Daeup Kim |
| 217 |
“Capital” Punishment: Evaluating an Investor’s Secondary Copyright Infringement Liability after Veoh
abstract
full article
|
James L. Proctor, Jr. |
| 233 |
Exportability’s Effect on Process Patent Enforcement: Why § 271(f) Export Restrictions Do Not Apply to Intangible Process Claims
abstract
full article
|
Homer Yang-hsien Hsu |
| 247 |
How Much is too Much? Copyright Protection of Short Portions of Text in the United States and European Union after Infopaq International A/S v. Danske Dagblades
abstract
full article
|
Connor Moran |
| 237 |
Cheaper Watches and Copyright Law: Navigating “Gray Markets” After the Supreme Court’s Split in Costco v. Omega, S.A.
abstract
full article
|
Parker A. Howell |
| 265 |
Loaded Question: Examining Loadable Kernel Modules Under the General Public License v2
abstract
full article
|
Curt Blake and Joseph Probst |
| 15 |
Easy Come, Easy Go: Copyright Infringement and the DMCA's Notice and Takedown Provision in Light of Rossi v. MPAA
abstract
full article
|
Lawrence F. Rozsnyai |
| 16 |
The Failures and Promises of Canada’s Alternative Compensation System for Private Reproduction of Copyrighted Recordings
abstract
full article
|
Evgenia Fkiaras |
| 15 |
Cases in Wake of Dastar v. Twentieth Century Fox Continue to Narrow the Scope of a "Reverse Passing Off" Claim
abstract
full article
|
Jared Barrett |
| 259 |
Choose Your Words Wisely: Affirmative Representations as a Limit on § 230 Immunity
abstract
full article
|
Jeffrey R. Doty |
| 297 |
A Survey of the DMCA’s Copyright Management Information Protections: The DMCA’s CMI Landscape After All Headline News and McClatchey
abstract
full article
|
Susuk Lim |
| 311 |
Jacobson Revisited: Conditions, Covenants and the Future of Open-Source Software Licenses
abstract
full article
|
Yamini Menon |
| 2 |
TrademarkDilution.com: Nissan Motor Co. v. Nissan Computer Corp., and the Evolving Law of Trademark Dilution on the Internet
abstract
full article
|
Lawrence F. Rozsnyai |
| 1 |
Broadening the Scope of Electronic Reproductions: The Interpretation of Section 201(c) in Faulkner v. National Geographic Enterprises Inc.
abstract
full article
|
Shan Sivalingam |
| 3 |
Podcasting Pop Songs?: Licensing Concerns with Podcasts that contain Mainstream music
abstract
full article
|
Jared Barrett |
| 4 |
Patent Rights Under FOSS Licensing Schemes
abstract
full article
|
Shaobin Zhu |
| 2 |
Liability for Search Engine Triggering of Trademarked Keywords after Rescuecom
“Trademark keying” is the practice of buying and selling trademarked terms as keywords in search engine advertising campaigns. In September 2006, a federal district court in Rescuecom Corp. v. Google, Inc. held that the practice does not constitute trademark use, a threshold criterion in a trademark infringement claim. Since Rescuecom, the focus of trademark keying litigation has shifted, giving some guidance to potential litigants. In addition, the U.S. Court of Appeals for the Second Circuit has diverged from other circuits. While federal courts within the Second Circuit have fashioned the emerging rule that an advertiser’s internal use of trademarked terms as search engine keywords, without more, is not a trademark use within the meaning of the Lanham Act, courts in other circuits have consistently held that such internal use does constitute trademark use. This Article evaluates the diverging lines of recent cases giving rise to these two approaches, explores what implications the split holds for potential litigants, and provides general guidelines for businesses wishing to avoid infringement claims for trademark keying.
abstract
full article
|
Riana Pfefferkorn |
| 1 |
Walking from Cloud to Cloud: The Portability Issue in Cloud Computing
abstract
full article
|
Robert H. Carpenter, Jr. |
| 13 |
A Matter of Access: How Bypassing DRM Does Not Always Violate the DMCA
abstract
full article
|
Alicia Hoffer |
| 7 |
FRCP 19: A Preferable Alternative to Traditional Judicial Rules for Determining Patent Licensee Standing
abstract
full article
|
Jeffrey Bashaw |
| 93 |
Neutralizing Actual Controversy: How Patent Holders Can Reduce the Risk of Declaratory Judgment in Patent Disputes
abstract
full article
|
Homer Yang-hsien Hsu |
| 105 |
End User Liability for Software Developed with Trade Secrets
abstract
full article
|
Jeff Patterson |
| 135 |
Cross-Border Contributory Patent Infringement in Germany
abstract
full article
|
Prof. Dr. Heinz Goddar |
| 149 |
Copyright Infringement Liability of Placeshifting Services in the United States and Japan
abstract
full article
|
Naoya Isoda |
| 8 |
Copyright Liability for Those Who Provide the Means of Infringement: In light of the RIAA lawsuits, who is at risk for the infringing acts of others?
abstract
full article
|
Karen Horowitz |
| 14 |
The Limits of Expanding Patent Claim Scope to Provoke an Interference with a Competitor
abstract
full article
|
Christopher L. Kuyper |
| 171 |
The "Three Strikes" Policy in Korean Copyright Act 2009: Safe or Out?
abstract
full article
|
Sun-Young Moon & Daeup Kim |
| 217 |
“Capital” Punishment: Evaluating an Investor’s Secondary Copyright Infringement Liability after Veoh
abstract
full article
|
James L. Proctor, Jr. |
| 233 |
Exportability’s Effect on Process Patent Enforcement: Why § 271(f) Export Restrictions Do Not Apply to Intangible Process Claims
abstract
full article
|
Homer Yang-hsien Hsu |
| 247 |
How Much is too Much? Copyright Protection of Short Portions of Text in the United States and European Union after Infopaq International A/S v. Danske Dagblades
abstract
full article
|
Connor Moran |
| 237 |
Cheaper Watches and Copyright Law: Navigating “Gray Markets” After the Supreme Court’s Split in Costco v. Omega, S.A.
abstract
full article
|
Parker A. Howell |
| 265 |
Loaded Question: Examining Loadable Kernel Modules Under the General Public License v2
abstract
full article
|
Curt Blake and Joseph Probst |
| 15 |
Easy Come, Easy Go: Copyright Infringement and the DMCA's Notice and Takedown Provision in Light of Rossi v. MPAA
abstract
full article
|
Lawrence F. Rozsnyai |
| 16 |
The Failures and Promises of Canada’s Alternative Compensation System for Private Reproduction of Copyrighted Recordings
abstract
full article
|
Evgenia Fkiaras |
| 15 |
Cases in Wake of Dastar v. Twentieth Century Fox Continue to Narrow the Scope of a "Reverse Passing Off" Claim
abstract
full article
|
Jared Barrett |
| 259 |
Choose Your Words Wisely: Affirmative Representations as a Limit on § 230 Immunity
abstract
full article
|
Jeffrey R. Doty |
| 297 |
A Survey of the DMCA’s Copyright Management Information Protections: The DMCA’s CMI Landscape After All Headline News and McClatchey
abstract
full article
|
Susuk Lim |
| 311 |
Jacobson Revisited: Conditions, Covenants and the Future of Open-Source Software Licenses
abstract
full article
|
Yamini Menon |
| 24 |
Intellectual Property Protection for Fashion Design: An Overview of Existing Law and A Look Toward Proposed Legislative Changes
abstract
full article
|
Elizabeth Mills |
| 2 |
TrademarkDilution.com: Nissan Motor Co. v. Nissan Computer Corp., and the Evolving Law of Trademark Dilution on the Internet
abstract
full article
|
Lawrence F. Rozsnyai |
| 1 |
Broadening the Scope of Electronic Reproductions: The Interpretation of Section 201(c) in Faulkner v. National Geographic Enterprises Inc.
abstract
full article
|
Shan Sivalingam |
| 3 |
Podcasting Pop Songs?: Licensing Concerns with Podcasts that contain Mainstream music
abstract
full article
|
Jared Barrett |
| 4 |
Patent Rights Under FOSS Licensing Schemes
abstract
full article
|
Shaobin Zhu |
| 2 |
Liability for Search Engine Triggering of Trademarked Keywords after Rescuecom
“Trademark keying” is the practice of buying and selling trademarked terms as keywords in search engine advertising campaigns. In September 2006, a federal district court in Rescuecom Corp. v. Google, Inc. held that the practice does not constitute trademark use, a threshold criterion in a trademark infringement claim. Since Rescuecom, the focus of trademark keying litigation has shifted, giving some guidance to potential litigants. In addition, the U.S. Court of Appeals for the Second Circuit has diverged from other circuits. While federal courts within the Second Circuit have fashioned the emerging rule that an advertiser’s internal use of trademarked terms as search engine keywords, without more, is not a trademark use within the meaning of the Lanham Act, courts in other circuits have consistently held that such internal use does constitute trademark use. This Article evaluates the diverging lines of recent cases giving rise to these two approaches, explores what implications the split holds for potential litigants, and provides general guidelines for businesses wishing to avoid infringement claims for trademark keying.
abstract
full article
|
Riana Pfefferkorn |
| 1 |
Walking from Cloud to Cloud: The Portability Issue in Cloud Computing
abstract
full article
|
Robert H. Carpenter, Jr. |
| 13 |
A Matter of Access: How Bypassing DRM Does Not Always Violate the DMCA
abstract
full article
|
Alicia Hoffer |
| 7 |
FRCP 19: A Preferable Alternative to Traditional Judicial Rules for Determining Patent Licensee Standing
abstract
full article
|
Jeffrey Bashaw |
| 93 |
Neutralizing Actual Controversy: How Patent Holders Can Reduce the Risk of Declaratory Judgment in Patent Disputes
abstract
full article
|
Homer Yang-hsien Hsu |
| 105 |
End User Liability for Software Developed with Trade Secrets
abstract
full article
|
Jeff Patterson |
| 135 |
Cross-Border Contributory Patent Infringement in Germany
abstract
full article
|
Prof. Dr. Heinz Goddar |
| 149 |
Copyright Infringement Liability of Placeshifting Services in the United States and Japan
abstract
full article
|
Naoya Isoda |
| 8 |
Copyright Liability for Those Who Provide the Means of Infringement: In light of the RIAA lawsuits, who is at risk for the infringing acts of others?
abstract
full article
|
Karen Horowitz |
| 14 |
The Limits of Expanding Patent Claim Scope to Provoke an Interference with a Competitor
abstract
full article
|
Christopher L. Kuyper |
| 171 |
The "Three Strikes" Policy in Korean Copyright Act 2009: Safe or Out?
abstract
full article
|
Sun-Young Moon & Daeup Kim |
| 217 |
“Capital” Punishment: Evaluating an Investor’s Secondary Copyright Infringement Liability after Veoh
abstract
full article
|
James L. Proctor, Jr. |
| 233 |
Exportability’s Effect on Process Patent Enforcement: Why § 271(f) Export Restrictions Do Not Apply to Intangible Process Claims
abstract
full article
|
Homer Yang-hsien Hsu |
| 247 |
How Much is too Much? Copyright Protection of Short Portions of Text in the United States and European Union after Infopaq International A/S v. Danske Dagblades
abstract
full article
|
Connor Moran |
| 237 |
Cheaper Watches and Copyright Law: Navigating “Gray Markets” After the Supreme Court’s Split in Costco v. Omega, S.A.
abstract
full article
|
Parker A. Howell |
| 265 |
Loaded Question: Examining Loadable Kernel Modules Under the General Public License v2
abstract
full article
|
Curt Blake and Joseph Probst |
| 15 |
Easy Come, Easy Go: Copyright Infringement and the DMCA's Notice and Takedown Provision in Light of Rossi v. MPAA
abstract
full article
|
Lawrence F. Rozsnyai |
| 16 |
The Failures and Promises of Canada’s Alternative Compensation System for Private Reproduction of Copyrighted Recordings
abstract
full article
|
Evgenia Fkiaras |
| 15 |
Cases in Wake of Dastar v. Twentieth Century Fox Continue to Narrow the Scope of a "Reverse Passing Off" Claim
abstract
full article
|
Jared Barrett |
| 259 |
Choose Your Words Wisely: Affirmative Representations as a Limit on § 230 Immunity
abstract
full article
|
Jeffrey R. Doty |
| 297 |
A Survey of the DMCA’s Copyright Management Information Protections: The DMCA’s CMI Landscape After All Headline News and McClatchey
abstract
full article
|
Susuk Lim |
| 311 |
Jacobson Revisited: Conditions, Covenants and the Future of Open-Source Software Licenses
abstract
full article
|
Yamini Menon |
| 2 |
TrademarkDilution.com: Nissan Motor Co. v. Nissan Computer Corp., and the Evolving Law of Trademark Dilution on the Internet
abstract
full article
|
Lawrence F. Rozsnyai |
| 1 |
Broadening the Scope of Electronic Reproductions: The Interpretation of Section 201(c) in Faulkner v. National Geographic Enterprises Inc.
abstract
full article
|
Shan Sivalingam |
| 3 |
Podcasting Pop Songs?: Licensing Concerns with Podcasts that contain Mainstream music
abstract
full article
|
Jared Barrett |
| 4 |
Patent Rights Under FOSS Licensing Schemes
abstract
full article
|
Shaobin Zhu |
| 2 |
Liability for Search Engine Triggering of Trademarked Keywords after Rescuecom
“Trademark keying” is the practice of buying and selling trademarked terms as keywords in search engine advertising campaigns. In September 2006, a federal district court in Rescuecom Corp. v. Google, Inc. held that the practice does not constitute trademark use, a threshold criterion in a trademark infringement claim. Since Rescuecom, the focus of trademark keying litigation has shifted, giving some guidance to potential litigants. In addition, the U.S. Court of Appeals for the Second Circuit has diverged from other circuits. While federal courts within the Second Circuit have fashioned the emerging rule that an advertiser’s internal use of trademarked terms as search engine keywords, without more, is not a trademark use within the meaning of the Lanham Act, courts in other circuits have consistently held that such internal use does constitute trademark use. This Article evaluates the diverging lines of recent cases giving rise to these two approaches, explores what implications the split holds for potential litigants, and provides general guidelines for businesses wishing to avoid infringement claims for trademark keying.
abstract
full article
|
Riana Pfefferkorn |
| 1 |
Walking from Cloud to Cloud: The Portability Issue in Cloud Computing
abstract
full article
|
Robert H. Carpenter, Jr. |
| 13 |
A Matter of Access: How Bypassing DRM Does Not Always Violate the DMCA
abstract
full article
|
Alicia Hoffer |
| 7 |
FRCP 19: A Preferable Alternative to Traditional Judicial Rules for Determining Patent Licensee Standing
abstract
full article
|
Jeffrey Bashaw |
| 93 |
Neutralizing Actual Controversy: How Patent Holders Can Reduce the Risk of Declaratory Judgment in Patent Disputes
abstract
full article
|
Homer Yang-hsien Hsu |
| 105 |
End User Liability for Software Developed with Trade Secrets
abstract
full article
|
Jeff Patterson |
| 135 |
Cross-Border Contributory Patent Infringement in Germany
abstract
full article
|
Prof. Dr. Heinz Goddar |
| 149 |
Copyright Infringement Liability of Placeshifting Services in the United States and Japan
abstract
full article
|
Naoya Isoda |
| 8 |
Copyright Liability for Those Who Provide the Means of Infringement: In light of the RIAA lawsuits, who is at risk for the infringing acts of others?
abstract
full article
|
Karen Horowitz |
| 14 |
The Limits of Expanding Patent Claim Scope to Provoke an Interference with a Competitor
abstract
full article
|
Christopher L. Kuyper |
| 171 |
The "Three Strikes" Policy in Korean Copyright Act 2009: Safe or Out?
abstract
full article
|
Sun-Young Moon & Daeup Kim |
| 217 |
“Capital” Punishment: Evaluating an Investor’s Secondary Copyright Infringement Liability after Veoh
abstract
full article
|
James L. Proctor, Jr. |
| 233 |
Exportability’s Effect on Process Patent Enforcement: Why § 271(f) Export Restrictions Do Not Apply to Intangible Process Claims
abstract
full article
|
Homer Yang-hsien Hsu |
| 247 |
How Much is too Much? Copyright Protection of Short Portions of Text in the United States and European Union after Infopaq International A/S v. Danske Dagblades
abstract
full article
|
Connor Moran |
| 237 |
Cheaper Watches and Copyright Law: Navigating “Gray Markets” After the Supreme Court’s Split in Costco v. Omega, S.A.
abstract
full article
|
Parker A. Howell |
| 265 |
Loaded Question: Examining Loadable Kernel Modules Under the General Public License v2
abstract
full article
|
Curt Blake and Joseph Probst |
| 2 |
TrademarkDilution.com: Nissan Motor Co. v. Nissan Computer Corp., and the Evolving Law of Trademark Dilution on the Internet
abstract
full article
|
Lawrence F. Rozsnyai |
| 1 |
Broadening the Scope of Electronic Reproductions: The Interpretation of Section 201(c) in Faulkner v. National Geographic Enterprises Inc.
abstract
full article
|
Shan Sivalingam |
| 3 |
Podcasting Pop Songs?: Licensing Concerns with Podcasts that contain Mainstream music
abstract
full article
|
Jared Barrett |
| 4 |
Patent Rights Under FOSS Licensing Schemes
abstract
full article
|
Shaobin Zhu |
| 2 |
Liability for Search Engine Triggering of Trademarked Keywords after Rescuecom
“Trademark keying” is the practice of buying and selling trademarked terms as keywords in search engine advertising campaigns. In September 2006, a federal district court in Rescuecom Corp. v. Google, Inc. held that the practice does not constitute trademark use, a threshold criterion in a trademark infringement claim. Since Rescuecom, the focus of trademark keying litigation has shifted, giving some guidance to potential litigants. In addition, the U.S. Court of Appeals for the Second Circuit has diverged from other circuits. While federal courts within the Second Circuit have fashioned the emerging rule that an advertiser’s internal use of trademarked terms as search engine keywords, without more, is not a trademark use within the meaning of the Lanham Act, courts in other circuits have consistently held that such internal use does constitute trademark use. This Article evaluates the diverging lines of recent cases giving rise to these two approaches, explores what implications the split holds for potential litigants, and provides general guidelines for businesses wishing to avoid infringement claims for trademark keying.
abstract
full article
|
Riana Pfefferkorn |
| 1 |
Walking from Cloud to Cloud: The Portability Issue in Cloud Computing
abstract
full article
|
Robert H. Carpenter, Jr. |
| 13 |
A Matter of Access: How Bypassing DRM Does Not Always Violate the DMCA
abstract
full article
|
Alicia Hoffer |
| 7 |
FRCP 19: A Preferable Alternative to Traditional Judicial Rules for Determining Patent Licensee Standing
abstract
full article
|
Jeffrey Bashaw |
| 93 |
Neutralizing Actual Controversy: How Patent Holders Can Reduce the Risk of Declaratory Judgment in Patent Disputes
abstract
full article
|
Homer Yang-hsien Hsu |
| 105 |
End User Liability for Software Developed with Trade Secrets
abstract
full article
|
Jeff Patterson |
| 135 |
Cross-Border Contributory Patent Infringement in Germany
abstract
full article
|
Prof. Dr. Heinz Goddar |
| 149 |
Copyright Infringement Liability of Placeshifting Services in the United States and Japan
abstract
full article
|
Naoya Isoda |
| 8 |
Copyright Liability for Those Who Provide the Means of Infringement: In light of the RIAA lawsuits, who is at risk for the infringing acts of others?
abstract
full article
|
Karen Horowitz |
| 14 |
The Limits of Expanding Patent Claim Scope to Provoke an Interference with a Competitor
abstract
full article
|
Christopher L. Kuyper |
| 171 |
The "Three Strikes" Policy in Korean Copyright Act 2009: Safe or Out?
abstract
full article
|
Sun-Young Moon & Daeup Kim |
| 217 |
“Capital” Punishment: Evaluating an Investor’s Secondary Copyright Infringement Liability after Veoh
abstract
full article
|
James L. Proctor, Jr. |
| 233 |
Exportability’s Effect on Process Patent Enforcement: Why § 271(f) Export Restrictions Do Not Apply to Intangible Process Claims
abstract
full article
|
Homer Yang-hsien Hsu |
| 247 |
How Much is too Much? Copyright Protection of Short Portions of Text in the United States and European Union after Infopaq International A/S v. Danske Dagblades
abstract
full article
|
Connor Moran |
| 237 |
Cheaper Watches and Copyright Law: Navigating “Gray Markets” After the Supreme Court’s Split in Costco v. Omega, S.A.
abstract
full article
|
Parker A. Howell |
| 265 |
Loaded Question: Examining Loadable Kernel Modules Under the General Public License v2
abstract
full article
|
Curt Blake and Joseph Probst |
| 15 |
Easy Come, Easy Go: Copyright Infringement and the DMCA's Notice and Takedown Provision in Light of Rossi v. MPAA
abstract
full article
|
Lawrence F. Rozsnyai |
| 16 |
The Failures and Promises of Canada’s Alternative Compensation System for Private Reproduction of Copyrighted Recordings
abstract
full article
|
Evgenia Fkiaras |
| 15 |
Cases in Wake of Dastar v. Twentieth Century Fox Continue to Narrow the Scope of a "Reverse Passing Off" Claim
abstract
full article
|
Jared Barrett |
| 259 |
Choose Your Words Wisely: Affirmative Representations as a Limit on § 230 Immunity
abstract
full article
|
Jeffrey R. Doty |
| 297 |
A Survey of the DMCA’s Copyright Management Information Protections: The DMCA’s CMI Landscape After All Headline News and McClatchey
abstract
full article
|
Susuk Lim |
| 311 |
Jacobson Revisited: Conditions, Covenants and the Future of Open-Source Software Licenses
abstract
full article
|
Yamini Menon |
| 2 |
TrademarkDilution.com: Nissan Motor Co. v. Nissan Computer Corp., and the Evolving Law of Trademark Dilution on the Internet
abstract
full article
|
Lawrence F. Rozsnyai |
| 1 |
Broadening the Scope of Electronic Reproductions: The Interpretation of Section 201(c) in Faulkner v. National Geographic Enterprises Inc.
abstract
full article
|
Shan Sivalingam |
| 3 |
Podcasting Pop Songs?: Licensing Concerns with Podcasts that contain Mainstream music
abstract
full article
|
Jared Barrett |
| 4 |
Patent Rights Under FOSS Licensing Schemes
abstract
full article
|
Shaobin Zhu |
| 2 |
Liability for Search Engine Triggering of Trademarked Keywords after Rescuecom
“Trademark keying” is the practice of buying and selling trademarked terms as keywords in search engine advertising campaigns. In September 2006, a federal district court in Rescuecom Corp. v. Google, Inc. held that the practice does not constitute trademark use, a threshold criterion in a trademark infringement claim. Since Rescuecom, the focus of trademark keying litigation has shifted, giving some guidance to potential litigants. In addition, the U.S. Court of Appeals for the Second Circuit has diverged from other circuits. While federal courts within the Second Circuit have fashioned the emerging rule that an advertiser’s internal use of trademarked terms as search engine keywords, without more, is not a trademark use within the meaning of the Lanham Act, courts in other circuits have consistently held that such internal use does constitute trademark use. This Article evaluates the diverging lines of recent cases giving rise to these two approaches, explores what implications the split holds for potential litigants, and provides general guidelines for businesses wishing to avoid infringement claims for trademark keying.
abstract
full article
|
Riana Pfefferkorn |
| 1 |
Walking from Cloud to Cloud: The Portability Issue in Cloud Computing
abstract
full article
|
Robert H. Carpenter, Jr. |
| 13 |
A Matter of Access: How Bypassing DRM Does Not Always Violate the DMCA
abstract
full article
|
Alicia Hoffer |
| 7 |
FRCP 19: A Preferable Alternative to Traditional Judicial Rules for Determining Patent Licensee Standing
abstract
full article
|
Jeffrey Bashaw |
| 93 |
Neutralizing Actual Controversy: How Patent Holders Can Reduce the Risk of Declaratory Judgment in Patent Disputes
abstract
full article
|
Homer Yang-hsien Hsu |
| 105 |
End User Liability for Software Developed with Trade Secrets
abstract
full article
|
Jeff Patterson |
| 135 |
Cross-Border Contributory Patent Infringement in Germany
abstract
full article
|
Prof. Dr. Heinz Goddar |
| 149 |
Copyright Infringement Liability of Placeshifting Services in the United States and Japan
abstract
full article
|
Naoya Isoda |
| 8 |
Copyright Liability for Those Who Provide the Means of Infringement: In light of the RIAA lawsuits, who is at risk for the infringing acts of others?
abstract
full article
|
Karen Horowitz |
| 14 |
The Limits of Expanding Patent Claim Scope to Provoke an Interference with a Competitor
abstract
full article
|
Christopher L. Kuyper |
| 171 |
The "Three Strikes" Policy in Korean Copyright Act 2009: Safe or Out?
abstract
full article
|
Sun-Young Moon & Daeup Kim |
| 217 |
“Capital” Punishment: Evaluating an Investor’s Secondary Copyright Infringement Liability after Veoh
abstract
full article
|
James L. Proctor, Jr. |
| 233 |
Exportability’s Effect on Process Patent Enforcement: Why § 271(f) Export Restrictions Do Not Apply to Intangible Process Claims
abstract
full article
|
Homer Yang-hsien Hsu |
| 247 |
How Much is too Much? Copyright Protection of Short Portions of Text in the United States and European Union after Infopaq International A/S v. Danske Dagblades
abstract
full article
|
Connor Moran |
| 237 |
Cheaper Watches and Copyright Law: Navigating “Gray Markets” After the Supreme Court’s Split in Costco v. Omega, S.A.
abstract
full article
|
Parker A. Howell |
| 265 |
Loaded Question: Examining Loadable Kernel Modules Under the General Public License v2
abstract
full article
|
Curt Blake and Joseph Probst |
| 15 |
Easy Come, Easy Go: Copyright Infringement and the DMCA's Notice and Takedown Provision in Light of Rossi v. MPAA
abstract
full article
|
Lawrence F. Rozsnyai |
| 16 |
The Failures and Promises of Canada’s Alternative Compensation System for Private Reproduction of Copyrighted Recordings
abstract
full article
|
Evgenia Fkiaras |
| 15 |
Cases in Wake of Dastar v. Twentieth Century Fox Continue to Narrow the Scope of a "Reverse Passing Off" Claim
abstract
full article
|
Jared Barrett |
| 259 |
Choose Your Words Wisely: Affirmative Representations as a Limit on § 230 Immunity
abstract
full article
|
Jeffrey R. Doty |
| 297 |
A Survey of the DMCA’s Copyright Management Information Protections: The DMCA’s CMI Landscape After All Headline News and McClatchey
abstract
full article
|
Susuk Lim |
| 311 |
Jacobson Revisited: Conditions, Covenants and the Future of Open-Source Software Licenses
abstract
full article
|
Yamini Menon |
| 2 |
TrademarkDilution.com: Nissan Motor Co. v. Nissan Computer Corp., and the Evolving Law of Trademark Dilution on the Internet
abstract
full article
|
Lawrence F. Rozsnyai |
| 1 |
Broadening the Scope of Electronic Reproductions: The Interpretation of Section 201(c) in Faulkner v. National Geographic Enterprises Inc.
abstract
full article
|
Shan Sivalingam |
| 3 |
Podcasting Pop Songs?: Licensing Concerns with Podcasts that contain Mainstream music
abstract
full article
|
Jared Barrett |
| 4 |
Patent Rights Under FOSS Licensing Schemes
abstract
full article
|
Shaobin Zhu |
| 2 |
Liability for Search Engine Triggering of Trademarked Keywords after Rescuecom
“Trademark keying” is the practice of buying and selling trademarked terms as keywords in search engine advertising campaigns. In September 2006, a federal district court in Rescuecom Corp. v. Google, Inc. held that the practice does not constitute trademark use, a threshold criterion in a trademark infringement claim. Since Rescuecom, the focus of trademark keying litigation has shifted, giving some guidance to potential litigants. In addition, the U.S. Court of Appeals for the Second Circuit has diverged from other circuits. While federal courts within the Second Circuit have fashioned the emerging rule that an advertiser’s internal use of trademarked terms as search engine keywords, without more, is not a trademark use within the meaning of the Lanham Act, courts in other circuits have consistently held that such internal use does constitute trademark use. This Article evaluates the diverging lines of recent cases giving rise to these two approaches, explores what implications the split holds for potential litigants, and provides general guidelines for businesses wishing to avoid infringement claims for trademark keying.
abstract
full article
|
Riana Pfefferkorn |
| 1 |
Walking from Cloud to Cloud: The Portability Issue in Cloud Computing
abstract
full article
|
Robert H. Carpenter, Jr. |
| 13 |
A Matter of Access: How Bypassing DRM Does Not Always Violate the DMCA
abstract
full article
|
Alicia Hoffer |
| 7 |
FRCP 19: A Preferable Alternative to Traditional Judicial Rules for Determining Patent Licensee Standing
abstract
full article
|
Jeffrey Bashaw |
| 93 |
Neutralizing Actual Controversy: How Patent Holders Can Reduce the Risk of Declaratory Judgment in Patent Disputes
abstract
full article
|
Homer Yang-hsien Hsu |
| 105 |
End User Liability for Software Developed with Trade Secrets
abstract
full article
|
Jeff Patterson |
| 135 |
Cross-Border Contributory Patent Infringement in Germany
abstract
full article
|
Prof. Dr. Heinz Goddar |
| 149 |
Copyright Infringement Liability of Placeshifting Services in the United States and Japan
abstract
full article
|
Naoya Isoda |
| 8 |
Copyright Liability for Those Who Provide the Means of Infringement: In light of the RIAA lawsuits, who is at risk for the infringing acts of others?
abstract
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Karen Horowitz |
| 14 |
The Limits of Expanding Patent Claim Scope to Provoke an Interference with a Competitor
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Christopher L. Kuyper |
| 171 |
The "Three Strikes" Policy in Korean Copyright Act 2009: Safe or Out?
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Sun-Young Moon & Daeup Kim |
| 217 |
“Capital” Punishment: Evaluating an Investor’s Secondary Copyright Infringement Liability after Veoh
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James L. Proctor, Jr. |
| 233 |
Exportability’s Effect on Process Patent Enforcement: Why § 271(f) Export Restrictions Do Not Apply to Intangible Process Claims
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Homer Yang-hsien Hsu |
| 247 |
How Much is too Much? Copyright Protection of Short Portions of Text in the United States and European Union after Infopaq International A/S v. Danske Dagblades
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Connor Moran |
| 237 |
Cheaper Watches and Copyright Law: Navigating “Gray Markets” After the Supreme Court’s Split in Costco v. Omega, S.A.
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Parker A. Howell |
| 265 |
Loaded Question: Examining Loadable Kernel Modules Under the General Public License v2
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Curt Blake and Joseph Probst |
| 15 |
Easy Come, Easy Go: Copyright Infringement and the DMCA's Notice and Takedown Provision in Light of Rossi v. MPAA
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Lawrence F. Rozsnyai |
| 16 |
The Failures and Promises of Canada’s Alternative Compensation System for Private Reproduction of Copyrighted Recordings
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Evgenia Fkiaras |
| 15 |
Cases in Wake of Dastar v. Twentieth Century Fox Continue to Narrow the Scope of a "Reverse Passing Off" Claim
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Jared Barrett |
| 259 |
Choose Your Words Wisely: Affirmative Representations as a Limit on § 230 Immunity
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Jeffrey R. Doty |
| 297 |
A Survey of the DMCA’s Copyright Management Information Protections: The DMCA’s CMI Landscape After All Headline News and McClatchey
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Susuk Lim |
| 311 |
Jacobson Revisited: Conditions, Covenants and the Future of Open-Source Software Licenses
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Yamini Menon |
| 2 |
TrademarkDilution.com: Nissan Motor Co. v. Nissan Computer Corp., and the Evolving Law of Trademark Dilution on the Internet
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Lawrence F. Rozsnyai |
| 1 |
Broadening the Scope of Electronic Reproductions: The Interpretation of Section 201(c) in Faulkner v. National Geographic Enterprises Inc.
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Shan Sivalingam |
| 3 |
Podcasting Pop Songs?: Licensing Concerns with Podcasts that contain Mainstream music
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Jared Barrett |
| 4 |
Patent Rights Under FOSS Licensing Schemes
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Shaobin Zhu |
| 2 |
Liability for Search Engine Triggering of Trademarked Keywords after Rescuecom
“Trademark keying” is the practice of buying and selling trademarked terms as keywords in search engine advertising campaigns. In September 2006, a federal district court in Rescuecom Corp. v. Google, Inc. held that the practice does not constitute trademark use, a threshold criterion in a trademark infringement claim. Since Rescuecom, the focus of trademark keying litigation has shifted, giving some guidance to potential litigants. In addition, the U.S. Court of Appeals for the Second Circuit has diverged from other circuits. While federal courts within the Second Circuit have fashioned the emerging rule that an advertiser’s internal use of trademarked terms as search engine keywords, without more, is not a trademark use within the meaning of the Lanham Act, courts in other circuits have consistently held that such internal use does constitute trademark use. This Article evaluates the diverging lines of recent cases giving rise to these two approaches, explores what implications the split holds for potential litigants, and provides general guidelines for businesses wishing to avoid infringement claims for trademark keying.
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Riana Pfefferkorn |
| 1 |
Walking from Cloud to Cloud: The Portability Issue in Cloud Computing
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Robert H. Carpenter, Jr. |
| 13 |
A Matter of Access: How Bypassing DRM Does Not Always Violate the DMCA
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Alicia Hoffer |