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- Title
SALINGER AND EBAY: WHEN EQUITABLE CONSIDERATIONS UNDERMINE EXCLUSIVITY.
- Authors
Dozeman, Aaron T.
- Abstract
The article discusses injunctions in copyright infringement disputes with reference to the cases involving author J. D. Salinger and eBay Inc. In eBay v. MercExchange L.L.C., the U.S. Supreme Court held that courts must apply a four-factor test in deciding whether to award injunctive relief in patent infringement cases. In Salinger v. Colting, the Second Circuit Court of Appeals held that the eBay four-factor test also applies to preliminary injunctions in copyright infringement cases. According to the author, both the cases illustrate a shift from a property rule towards a liability rule for intellectual property.
- Subjects
UNITED States; COPYRIGHT infringement; PATENT infringement; EBAY Inc. v. MercExchange LLC; PATENT law; INTELLECTUAL property; SALINGER, J. D. (Jerome David), 1919-2010; COPYRIGHT cases; ACTIONS &; defenses (Law)
- Publication
DePaul Journal of Art, Technology & Intellectual Property Law, 2011, Vol 21, Issue 2, p323
- ISSN
2574-4860
- Publication type
Article