Law Commons^™

Trademark Vigilance In The Twenty-First Century: An Update, Peter S. Sloane

Fordham Intellectual Property, Media and Entertainment Law Journal

The trademark laws impose a duty upon brand owners to be vigilant in policing their marks, lest they be subject to the defense of laches, a reduced scope of protection, or even death by genericide. Before the millennium, it was relatively manageable for brand owners to police the retail marketplace for infringements and counterfeits. The Internet changed everything.

In ways unforeseen, the Internet has unleashed a tremendously damaging cataclysm upon brands—online counterfeiting. It has created a virtual pipeline directly from factories in China to the American consumer shopping from home or work. The very online platforms that make Internet shopping …

Comparative Advertising In Argentine Law, Pablo Palazzi

Fordham Intellectual Property, Media and Entertainment Law Journal

The author analyzes the evolution of comparative advertising in Argentina under the laws of trademark and unfair competition.

Bearing Down On Trademark Bullies, Irina D. Manta

Fordham Intellectual Property, Media and Entertainment Law Journal

Trademark bullying has become a persistent problem, with large companies intimidating smaller entities with cease and desist campaigns and achieving anti-competitive results. A number of tactics exist to deal with bullying behavior. One of them is the imposition of judicial sanctions, but the standards in that area are unclear and the defendants often do not have the financial means to engage in litigation at all. Other, extralegal measures such as shaming have shown some success, but also present numerous drawbacks and prove insufficient when used against powerful actors. This symposium contribution proposes a new model that draws on the existing …

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.

Icannsucks.Biz (And Why You Can’T Say That): How Fair Use Of Trademarks In Domain Names Is Being Restrained, Adam Goldstein

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.