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Intellectual Property Law

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Chicago-Kent College of Law

Trademarks

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Full-Text Articles in Law

Beyond Trademark: The Washington Redskins Case And The Search For Dignity, Victoria F. Phillips Mar 2018

Beyond Trademark: The Washington Redskins Case And The Search For Dignity, Victoria F. Phillips

Chicago-Kent Law Review

In her pioneering book, We Want What’s Ours: Learning from South Africa’s Land Restitution Program, Professor Bernadette Atuahene employs a detailed ethnographic study of South Africa’s land restitution program to develop the concept of a dignity taking. This article extends the application of Atuahene’s theory to the taking of intangible property arguing that the misappropriation of cultural identity and imagery for use as a federal trademark can also constitute a dignity taking in certain cases. Perhaps no effort has received more public attention than the longstanding battle over the Washington NFL football team’s name and its federally registered “Redskins” …


Innovators Beat The Climate Change Heat With Humanitarian Licensing And Patent Pools, Andrea Nocito Jan 2018

Innovators Beat The Climate Change Heat With Humanitarian Licensing And Patent Pools, Andrea Nocito

Chicago-Kent Journal of Intellectual Property

No abstract provided.


All Together Now: The Family Of Marks Doctrine In The Era Of Apple, Inc., Austin Berger Sep 2013

All Together Now: The Family Of Marks Doctrine In The Era Of Apple, Inc., Austin Berger

Chicago-Kent Journal of Intellectual Property

While a significant doctrine within common law trademark, the family of marks doctrine has not been utilized by as many dominant corporations within the fifty years since its creation as one might expect. This may be because the doctrine and its analysis remains rather opaque with little substantive legal research devoted to its history and framework and with a pastiche of case law that, on first blush, fails to signal a clear, uniform approach among the circuits. The doctrine itself, however, has been a deft tool in the hands of certain corporations who have used it to protect the prized …


Free Riders At The Drugstore: Generics, Consumer Confusion, And The Public Good, Kelley Clements Keller Esq. Jul 2013

Free Riders At The Drugstore: Generics, Consumer Confusion, And The Public Good, Kelley Clements Keller Esq.

Chicago-Kent Journal of Intellectual Property

No abstract provided.