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Weird Science! It’S My Creation . . . Is It Really? Or: Crafting A New Universal Trademark Standard For User-Created Avatars, Ryan Esparza
Weird Science! It’S My Creation . . . Is It Really? Or: Crafting A New Universal Trademark Standard For User-Created Avatars, Ryan Esparza
Pace Intellectual Property, Sports & Entertainment Law Forum
In modern trademark law the process of registering a valid trademark is straightforward. In the United States the Lanham Act is the ruling law of trademark law. The Lanham Act grants protection to the owner of a registered mark which is distinctive and used in commerce. Assuming all the requirements are met, the owner of a mark can use the mark within its discretion and enjoy the protection under the Lanham Act. As trademark law has continued to evolve, the law has expanded to protect previously unforeseen categories. The two most obvious examples which demonstrate the evolution of protection under …