Law Commons^™

Patriotism For Profit And Persuasion: The Trademark, Free Speech, And Governance Problems With Protection Of Governmental Marks In The United States, Malla Pollack

Malla Pollack

“Governmental marks” are words or phrases which involve the identity of a social group that is partly defined in terms of its citizenship in a government-institution. The power to name a social group (especially one from which exit is difficult) confers enormous power over the group’s members. Legally classifying such words as trademarks commodifies them, increasing the namer’s power: both by giving the word monetary value and by providing the mark-holder with the legal right to prevent others from manipulating the word’s meaning.

Destination marketing employing governmental marks has become ubiquitous. The municipal governments of both New York City and …

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

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

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

Golden Gate University Law Review

No abstract provided.

The Unbranding Of Brands: Advocating For Source Disclosure In Corporate America, Cassi G. Matos

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Cease-And-Desist: Tarnishment’S Blunt Sword In Its Battle Against The Unseemly, The Unwholesome, And The Unsavory, Regina Schaffer-Goldman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Intellectual Property Law Research, Charlene Cain

Research Guides

This research guides provides an overview of resources and search strategies for researching Intellectual Property Law: subject headings, statutes and popular names for selected statutes, legislative histories, regulations, and treatises. It also identifies sources for researching case law and secondary sources - reporters, courts, selected periodicals, and blogs and websites.

Google Adwords And Canadian Trademark Law, Reed W. Taubner

Canadian Journal of Law and Technology

This article aims to answer two questions: should business competitors be allowed to use each other’s goodwill in this way and, if so, can trademark law police the program without stifling competition? Part I examines the technical aspects of the AdWords program. Part II explores the underlying rationales of trademark law to start developing a normative position. Part III reviews the American jurisprudence and commentary to hone that normative position and to identify a compatible legal framework. Part IV compares that framework against Canadian law.

This article endorses the work of Misha Gregory Macaw who, unlike some trademark expansionists, argues …

Equity And Efficiency In Intellectual Property Taxation, Xuan-Thao Nguyen, Jeffrey A. Maine

Articles

This article examines the federal income tax regime governing intellectual property using normative criteria in evaluating taxes: equity and efficiency. The article first evaluates the current intellectual property tax scheme in terms of horizontal equity, identifying differences in tax treatment of what appear to be similar intellectual property activities. It argues that disparate tax treatments between seemingly similar intellectual property owners signal that flaws may exist in the tax system. The article then assesses the efficiency of the intellectual property tax system, examining numerous tax subsidies for intellectual property and their effectiveness in promoting economic growth. It argues that many …

Boston Duck Tours V. Super Duck Tours: Duck Tours Of A Feather Can Flock Together, Cara Lewis

Journal of Business & Technology Law

No abstract provided.

The Grammar Of Trademarks, Laura A. Heymann

Faculty Publications

How do people talk when they talk about trademarks? If trademarks have
become, as linguist Geoffrey Nunberg suggests, our “new global tongue,”
perhaps we should pay greater attention to the grammar we use when we
talk about them. We use “Coke” to refer to the Coca-Cola beverage in the
North, and “coke” to refer to any kind of soda in the South, yet we still
manage to get the drinks we desire. We use trademarks as verbs—we
“xerox” a document or “tivo” a television program—without losing sight
of the fact that “Xerox” and “TiVo” are brands of particular products.
We …