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Full-Text Articles in Law
Beware The Slender Man: Intellectual Property And Internet Folklore, Cathay Y. N. Smith
Beware The Slender Man: Intellectual Property And Internet Folklore, Cathay Y. N. Smith
Faculty Law Review Articles
Internet folklore is created collaboratively within Internet communities-through memes, blogs, video games, fake news, found footage, creepypastas, art, podcasts, and other digital mediums. The Slender Man mythos is one of the most striking examples of Internet folklore. Slender Man, the tall and faceless monster who preys on children and teenagers, originated on an Internet forum in mid-2009 and quickly went viral, spreading to other forums and platforms online. His creation and development resulted from the collaborative efforts and cultural open-sourcing of many users and online communities; users reused, modified, and shared each other's Slender Man creations, contributing to his development …
Squeeze Blood From Turnip: Abusing Trademark Law's Morality Provision In The Ttab, Cathay Y. N. Smith
Squeeze Blood From Turnip: Abusing Trademark Law's Morality Provision In The Ttab, Cathay Y. N. Smith
Faculty Law Review Articles
Trademark law prohibits the registration of trademarks that are immoral or scandalous. This "Morality Provision"in trademark law has been criticized as being an unconstitutional abridgement of free speech and resulting in inconsistency and other problems at the USPTO examination stage. This essay exposes another problem with the Morality Provision, which is its abuse by third parties in the TTAB. This essay explores why the Morality Provision-and not any other provisions in trademark law-is susceptible to this type of abuse and outlines examples of these abusive cases in the TTAB. These cases show that, in inter partes proceedings in the TTAB, …