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Business Law, Public Responsibility, and Ethics Commons™
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Articles 1 - 2 of 2
Full-Text Articles in Business Law, Public Responsibility, and Ethics
Confusion Codified: Why Trademark Remedies Make No Sense, Mark A. Thurmon
Confusion Codified: Why Trademark Remedies Make No Sense, Mark A. Thurmon
Journal of Intellectual Property Law
No abstract provided.
Copyright And Good Faith Purchasers, Shyamkrishna Balganesh
Copyright And Good Faith Purchasers, Shyamkrishna Balganesh
All Faculty Scholarship
Good faith purchasers for value — individuals who unknowingly and in good faith purchase property from a seller whose own actions in obtaining the property are of questionable legality — have long obtained special protection under the common law. Despite the seller’s own actions being tainted, such purchasers obtain valid title themselves and are allowed to freely alienate the property without any restriction. Modern copyright law, however, does just the opposite. Individuals who unknowingly and in good faith purchase property embodying an unauthorized copy of a protected work are altogether precluded from subsequently alienating such property, or risk running afoul …