Site Navigation Page Content

Volume 1 | Number 1

Volume 1 | Number 1 (Spring 2001)

You may download and read the Full Edition, or click on a citation below for the individual articles.

GETTING YOUR BRAND NAME “*NSYNC” WITH THE TRADEMARK PROTECTIONS OF THE LANHAM ACT
H. Brooke Garrett & J. Eric Crupi
1 Wake Forest Intell. Prop. L. J. 1

In today’s global commerce, band names are valuable marketing commodities, and as such, are often the subject of dispute regarding ownership and use. However, the careful practitioner should be able to anticipate the relevant legal issues and diminish the likelihood of conflict through the use of certain preventative measures.

TRAFFIX DEVICES, INC. V. MARKETING DISPLAYS, INC.:
THE PROBLEM WITH TRADE DRESS PROTECTION FOR EXPIRED UTILITY PATENTS

Keeley Canning
1 Wake Forest Intell. Prop. L. J. 36

An examination of the conflicts inherent in seeking trade dress protection for a product feature after the expiration of a utility patent on the product with special emphasis on the recent Supreme Court decision in TrafFix Devices, Inc. v. Marketing Displays, Inc.

EIGHT BITS, SIXTEEN BITS, THIRTY-TWO BITS, A DOLLAR? THE VISIBILITY OF THE PUBLIC PERFORMANCE RIGHT IN DIGITAL PHONORECORD DELIVERIES
J. Eric Crupi
1 Wake Forest Intell. Prop. L. J. 57

The United States performance rights societies claim that any type of transmission creating a digital phonorecord delivery of a musical work triggers the copyright owner’s exclusive right of public performance for which a license fee must be paid. However, online vendors of music claim that the societies’ broad assertion is merely an attempt to capitalize unfairly on the tremendous distributive power of the Internet.

DOMAIN NAME DISPUTES:
AN ANALYSIS OF THE UDRP RESOLUTION PROCESS THUS FAR

Jeffrey P. Leonard
1 Wake Forest Intell. Prop. L. J. 74

The Internet community is working hard to invent a suitable domain name registration process that is sensitive to the rights of trademark holders and the legitimate interests of domain name registrants. Until a suitable domain name registration process is found, the Uniform Domain Name Dispute-Resolution Policy (UDRP) should relieve the inherent tension between the rights of domain name registrants and trademark holders. But for this to happen, UDRP arbitration panelists must apply UDRP policies and rules correctly and consistently, so as to minimize forum shopping by complainants. The UDRP should further allow arbitration panelists to impose sanctions for the “bad-faith” filing of UDRP complaints to protect legitimate domain name registrants.

DIGITAL SAMPLING:
SNAPSHOTS THROUGH THE CROWD AND THE DEBATE OVER FAIR USE

Rebecca Codd
1 Wake Forest Intell. Prop. L. J. 100

This article deals with digital sampling and the problems it has presented in the area of copyright law. In addition to assessing the current situation, some suggestions for possible alternatives are evaluated.

ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT
Keeley Canning
1 Wake Forest Intell. Prop. L. J. 117

PRIVACY PLEASE… IN CYBERSPACE: AN ANALYSIS AND RESPONSE TO THE PRIVACY PROBLEMS REACHING THE INTERNET
Heather Gorman
1 Wake Forest Intell. Prop. L. J. 121

The internet launched a whole new information age but along with this new medium of expression and method of doing business came privacy complications. Individuals and businesses within the United Stateswanted to know that they could use the internet free from solicitation and others probing into their personal lives. The topics covered in this piece include: the current state of online privacy, self regulation, safe harbor legislation, current federal trade commission objectives, and a recommended Cyberspace Privacy Act which analyzes the solutions for online privacy and proposes a recommendation for change.

WHAT A SHORT STRANGE TRIP IT’S BEEN:
SOUND RECORDINGS AND THE WORK MADE FOR HIRE DOCTRINE

Peter J. Strand
1 Wake Forest Intell. Prop. L. J. 144

Whether or not sound recordings constitute works made for hire has been hotly debated, both through legislation and case law, and the controversy continues today.

REVERSE ENGINEERING AND THE ANTI-CIRCUMVENTION MINEFIELD
Douglas T. Hudson and Thomas R. Arno
1 Wake Forest Intell. Prop. L. J. 150

IS YOUR ASSOCIATION WEB SITE LEGAL? CONDUCTING A WEB SITE AUDIT
John S. Foster
1 Wake Forest Intell. Prop. L. J. 154

As the body of Internet law continues to evolve, web site owners will continually need to audit their sites on a periodic basis to ensure maximum compliance with legal precedents and the implementation of valid risk management. Without a periodic audit, a website has the potential of subjecting its owner to liability in the form of defamation, intellectual property violations and privacy torts based on its content. A website owner should have audit procedures in place to protect themselves against these legal issues.