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Articles 1 - 11 of 11
Full-Text Articles in Law
Trademarks In An Algorithmic World, Christine Haight Farley
Trademarks In An Algorithmic World, Christine Haight Farley
Washington Law Review
According to the sole normative foundation for trademark protection—“search costs” theory—trademarks transmit useful information to consumers, enabling an efficient marketplace. The marketplace, however, is in the midst of a fundamental change. Increasingly, retail is virtual, marketing is data-driven, and purchasing decisions are automated by AI. Predictive analytics are changing how consumers shop. Search costs theory no longer accurately describes the function of trademarks in this marketplace. Consumers now have numerous digital alternatives to trademarks that more efficiently provide them with increasingly accurate product information. Just as store shelves are disappearing from consumers’ retail experience, so are trademarks disappearing from their …
How High Fashion Brands And Nfts Are Changing The Future Of The Art Market And Trademark Prosecution, Grace Hodges
How High Fashion Brands And Nfts Are Changing The Future Of The Art Market And Trademark Prosecution, Grace Hodges
DePaul Journal of Art, Technology & Intellectual Property Law
No abstract provided.
Dystopian Trademark Revelations, Amanda Levendowski
Dystopian Trademark Revelations, Amanda Levendowski
Georgetown Law Faculty Publications and Other Works
Uncovering dystopian technologies is challenging. Nondisclosure agreements, procurement policies, trade secrets, and strategic obfuscation collude to shield the development and deployment of these technologies from public scrutiny until it is too late to combat them with law or policy. But occasionally, exposing dystopian technologies is simple. Corporations choose technology trademarks inspired by dystopian philosophies and novels or similar elements of real life—all warnings that their potential uses are dystopian as well. That pronouncement is not necessarily trumpeted on social media or corporate websites, however. It is revealed in a more surprising place: trademark registrations at the U.S. Patent and Trademark …
Much Dispute About Nothing? A Critical Examination Of The Backlash Against Investment Treaty Arbitration In International Intellectual Property Disputes, Andy Taylor
Cybaris®
No abstract provided.
Amend The Lanham Act: Trademark Infringement Needs A Statute Of Limitations, Aaron E. Schindler
Amend The Lanham Act: Trademark Infringement Needs A Statute Of Limitations, Aaron E. Schindler
Marquette Intellectual Property & Innovation Law Review
None.
Systematizing Scents: The Case For Chemically Standardized Nontraditional Scent Trademarks, Jared Novitzke
Systematizing Scents: The Case For Chemically Standardized Nontraditional Scent Trademarks, Jared Novitzke
Marquette Intellectual Property & Innovation Law Review
None.
Albrecht Durer's Enforcement Actions: A Trademark Origin Story, Peter J. Karol
Albrecht Durer's Enforcement Actions: A Trademark Origin Story, Peter J. Karol
Law Faculty Scholarship
This article offers a trademark-framed reappraisal of a pair of extraordinary enforcement actions brought by the Northern Renaissance artist Albrecht Durer (1471-1528) against copyists of his work. These cases have long been debated by art, cultural, and copyright historians insofar as they appear to reject Durer's demand for protocopyright protection. Commentators have also contested the historicity of one of the two narratives. But surprisingly little attention has been paid by trademark scholars to the companion holdings-in the same texts-that affirm Durer's right to prevent the use of his monogram on unauthorized reproductions. This article seeks to fill that gap by …
Selling Aloha: The Fight For Legal Protections Over Native Hawaiian Culture, Angela Louise R. Tiangco
Selling Aloha: The Fight For Legal Protections Over Native Hawaiian Culture, Angela Louise R. Tiangco
William & Mary Journal of Race, Gender, and Social Justice
In 2018, a Chicago-based restaurant attempted to enforce a registered trademark of “Aloha Poke” by sending cease-and-desist letters to small businesses with names containing some variation of the phrase. Most of those businesses were owned by Native Hawaiians, causing an uproar due to the terms “aloha” and “poke” having strong ties to traditional Hawaiian culture. Known as the Aloha Poke case, it brought attention to the fact that the United States currently has no definite legal framework to protect the cultural heritage of Native Hawaiians, much less their intangible cultural heritage.
This Note addresses the lack of federal recognition granted …
The Exclusive Right To Customize?, Mark A. Lemley, Sari Mazzurco
The Exclusive Right To Customize?, Mark A. Lemley, Sari Mazzurco
Faculty Journal Articles and Book Chapters
Artists, political commentators, and even multinational corporations are increasingly taking existing branded products and modifying them – sometimes to comment on the underlying product, sometimes to make a political or artistic statement unrelated to that product, sometimes to make them look fancier than they are, and sometimes for their own advertising purposes. As ornamenting and customizing existing products has shifted from a personal hobby to a business model, trademark owners have begun to insist that they have the exclusive right to control the appearance of products associated with them or that prominently bear their logos. We call this assertion a …
Survey & Legal Analysis Of Select Global Trademark Anti-Counterfeiting Statutes & Evidence Of Prosecutions, Kari Kammel
Survey & Legal Analysis Of Select Global Trademark Anti-Counterfeiting Statutes & Evidence Of Prosecutions, Kari Kammel
Marquette Intellectual Property & Innovation Law Review
None
Trademarks And Censorship In The Time Of Covid-19, Xuan-Thao Nguyen
Trademarks And Censorship In The Time Of Covid-19, Xuan-Thao Nguyen
Articles
During the devastating year of 2020, China quickly conquered the novel coronavirus and roared back economically while the United States faced staggering deaths and economic losses. But underneath the divergent experience of the two countries is an untold story of trademark and censorship in the time of COVID-19. This Article observes that while the United States Supreme Court has lifted the ban on trademark registrations for unconstitutional viewpoint discrimination, opening the door for offensive COVID-19 trademark applications, China has transformed trademark law into the law for censorship as Chinese authorities press forward to achieve twin victories over the coronavirus and …