Digital Commons Network^™

A New Test For Trademark Dilution - Why North Carolina Should Adopt Section 12 Of The Model State Trademark Bill, Philip Summa

Campbell Law Review

This comment will attempt to do three things: provide a useful definition of dilution; propose a clear test that can be applied to quickly determine whether, under Section 12 or the common law, a dilution case exists, and, if so, how it should be decided; and show why a state such as North Carolina should provide anti-dilution protection to its citizens.

Fair Use And Audiovisual Criticism, Brian S. O'Malley

UC Law SF Communications and Entertainment Journal

The doctrine of fair use, recently codified at 17 U.S.C. § 107, has long been recognized as a defense to infringement actions where excerpts of a copyrighted work were used in a criticism of that work. Two recent

cases, however, Iowa State University v. ABC and Roy Export v. CBS, have rejected defenses of fair use of audiovisual excerpts. This note traces the history of the fair use doctrine as it has been used in cases involving criticism, and as it has been applied to visual and audiovisual materials. The author proposes a "subject of the criticism" analysis for examining …