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Full-Text Articles in Law
2016 Trademark Year In Review, Mark P. Mckenna, Shelby Niemann
2016 Trademark Year In Review, Mark P. Mckenna, Shelby Niemann
Notre Dame Law Review Reflection
This brief Essay reviews some of the most significant developments in trademark law during the past year. In most cases, we have interpreted “year” fairly liberally, particularly to highlight some longer-term trends. We focus on six areas: (1) the constitutionality of section 2(a) of the Lanham Act; (2) the Fourth Circuit’s Belmora decision and the availability of section 43(a) claims when the plaintiff has not used a mark in the United States; (3) the effect of B & B Hardware; (4) injunctive relief and the presumption of irreparable harm; (5) nominative fair use; and (6) initial interest confusion.
Incentivizing Graffiti: Extending Copyright Protection To A Prominent Artistic Movement, Sara Cloon
Incentivizing Graffiti: Extending Copyright Protection To A Prominent Artistic Movement, Sara Cloon
Notre Dame Law Review Reflection
This Note outlines a brief history of graffiti, emphasizes the growing importance of graffiti as an accepted and widespread artistic movement, and applies the copyright requirements under the Copyright Act and the Visual Artists Rights Act to graffiti. Finally, this Note argues that under an incentive-based theory of intellectual property, copyright law should not exclude graffiti when it already fits within statutory law, as this would create inefficiency and contradiction in copyright law, which is meant to continually expand to accept new art forms.