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Articles 1 - 8 of 8
Full-Text Articles in Law
Nickled And Dimed: The Dispute Over Intellectual Property Rights In The Bluenose Ii, Teresa Scassa
Nickled And Dimed: The Dispute Over Intellectual Property Rights In The Bluenose Ii, Teresa Scassa
Dalhousie Law Journal
The Bluenose Schooner forms part of the folk history of Nova Scotia, and is a Canadian icon. Popular assumptions that Its name and image formed part of the public domain were put to the test in 2003 when the Bluenose II Preservation Trust Society brought suit against a Halifax business for Infringement of its official marks, trademarks and copyrights relating to the ship and its name. The litigation garnered local and national media attention, and the provincial government soon became involved in the dispute In this article, the author provides some background to the dispute before moving on to consider …
Taxing The New Intellectual Property Right, Xuan-Thao Nguyen, Jeffrey A. Maine
Taxing The New Intellectual Property Right, Xuan-Thao Nguyen, Jeffrey A. Maine
Articles
Current, albeit arbitrary, rules exist governing the tax treatment of traditional forms of intellectual property, such as patents, trade secrets, copyrights, trademarks, and trade names. While tax principles exist for these traditional intellectual property and intangible rights, specific tax rules do not exist for new intellectual property rights, such as domain names, that are emerging with the arrival of global electronic commerce transactions on the Internet. This article explores the proper tax treatment of domain name registration and acquisition costs, addressing these parallel questions? Are domain names merely variations of traditional forms of intellectual property and other intangible rights to …
Defenders Of Small Business?: A Perspective On The Supreme Court's Recent Trademark Jurisprudence, Sharon K. Sandeen
Defenders Of Small Business?: A Perspective On The Supreme Court's Recent Trademark Jurisprudence, Sharon K. Sandeen
William Mitchell Law Review
No abstract provided.
Actual Confusion In Trademark Infringement Litigation: Restraining Subjectivity Through A Factor-Based Approach To Valuing Evidence, Mark D. Robins
Actual Confusion In Trademark Infringement Litigation: Restraining Subjectivity Through A Factor-Based Approach To Valuing Evidence, Mark D. Robins
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Trademarks And Consumer Search Costs On The Internet, Stacey Dogan
Trademarks And Consumer Search Costs On The Internet, Stacey Dogan
Faculty Scholarship
In theory, trademarks serve as information tools, by conveying product information through convenient, identifiable symbols. In practice, however, trademarks have increasingly been used to obstruct the flow of information about competing products and services. In the online context, in particular, some courts have recently allowed trademark holders to block uses of their marks that would never have raised an eyebrow in a brick-and-mortar setting - uses that increase, rather than diminish, the flow of truthful, relevant information to consumers. These courts have stretched trademark doctrine on more than one dimension, both by expanding the concept of actionable "confusion" and by …
The Supreme Court And Trademark Law In The New Millennium, David S. Welkowitz
The Supreme Court And Trademark Law In The New Millennium, David S. Welkowitz
William Mitchell Law Review
No abstract provided.
Corinthians Soccer Loses By Decision In Second Round Play-Off Over Corinthians.Com In Sallen V. Corinthians Licenciamentos Ltda, Clark D. Robertson
Corinthians Soccer Loses By Decision In Second Round Play-Off Over Corinthians.Com In Sallen V. Corinthians Licenciamentos Ltda, Clark D. Robertson
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Even More Parodic Than The Real Thing: Parody Lawsuits Revisited, Bruce P. Keller, Rebecca Tushnet
Even More Parodic Than The Real Thing: Parody Lawsuits Revisited, Bruce P. Keller, Rebecca Tushnet
Georgetown Law Faculty Publications and Other Works
An article focusing on a copyright decision initially may appear out of place in the pages of The Trademark Reporter®. Yet Campbell v. Acuff-Rose Music, Inc., in which the U.S. Supreme Court held that a parodic, transformative use of a copyrighted work, even if commercial, could qualify as a fair use, is quite significant for trademark lawyers. As a practical matter, parody cases increasingly involve copyright as well as trademark claims, so practitioners often encounter both within the same case. As a doctrinal matter, Campbell also has proved legally significant in trademark cases because the free-speech concerns underlying protection for …