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Intellectual Property Law

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Golden Gate University School of Law

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12th Annual Conference On Recent Developments In Ip Law And Policy, William T. Gallagher, Marc H. Greenberg Oct 2013

12th Annual Conference On Recent Developments In Ip Law And Policy, William T. Gallagher, Marc H. Greenberg

Intellectual Property Law

Program booklet and handouts for the IP Law Center at Golden Gate University School of Law's 12th Annual Conference on Recent Developments in IP Law and Policy.


Trademarks As Search Engine Keywords: Much Ado About Something?, David Franklyn, David A. Hyman Apr 2013

Trademarks As Search Engine Keywords: Much Ado About Something?, David Franklyn, David A. Hyman

Publications

We report on the results of a two-part study, including three online consumer surveys and a coding study of the results when 2500 trademarks were run through three search engines. Consumer goals and expectations turn out to be quite heterogeneous: a majority of consumers use brand names to search primarily for the branded goods, but most consumers are open to purchasing competing products. We find little evidence of traditional actionable consumer confusion regarding the source of goods, but only a small minority of consumers correctly and consistently distinguished paid ads from unpaid search results, or noticed the labels that search …


Nowhere To Run ... Nowhere To Hide: Trademark Holders Reign Supreme In Panavision Lnt'l, L.P. V. Toeppen., Scott D. Sanford Sep 2010

Nowhere To Run ... Nowhere To Hide: Trademark Holders Reign Supreme In Panavision Lnt'l, L.P. V. Toeppen., Scott D. Sanford

Golden Gate University Law Review

This note discusses the procedural history of Panavision. Part III surveys the evolving application of personal jurisdiction in the various courts as applied to the Internet through minimum contacts and the Calder "effects test." Part IV outlines the Ninth Circuit's analysis of personal jurisdiction in Panavision. Part V critiques the Ninth Circuit's analysis, focusing particularly on several flaws in the court's reasoning. Part VI summarizes the effect that the decision in Panavision will have on future suits involving the Internet.


Intellectual Property Law - New Kids On The Block V. News America Publishing, Inc.: New Nominative Use Defense Increases The Likelihood Of Confusion Surrounding The Fair Use Defense To Trademark Infringemen, Derek J. Westberg Sep 2010

Intellectual Property Law - New Kids On The Block V. News America Publishing, Inc.: New Nominative Use Defense Increases The Likelihood Of Confusion Surrounding The Fair Use Defense To Trademark Infringemen, Derek J. Westberg

Golden Gate University Law Review

No abstract provided.


Finding Likelihood Of Confusion With Actual Confusion: A Critical Analysis Of The Federal Courts' Approach, Edwin S. Clark Sep 2010

Finding Likelihood Of Confusion With Actual Confusion: A Critical Analysis Of The Federal Courts' Approach, Edwin S. Clark

Golden Gate University Law Review

This comment asserts that federal courts do not decide the likelihood of confusion issue by using these theories. Instead, the typical likelihood of confusion dispute is decided by giving actual confusion more weight than other analytical elements, despite courts' claims that they give the elements equal weight and consideration.


Summaries: Copyright & Trademark Law, David Greenwald, James Gaspich Sep 2010

Summaries: Copyright & Trademark Law, David Greenwald, James Gaspich

Golden Gate University Law Review

No abstract provided.