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Full-Text Articles in Law
The Trademark/Copyright Divide, Laura A. Heymann
The Trademark/Copyright Divide, Laura A. Heymann
Laura A. Heymann
No abstract provided.
Overlapping Intellectual Property Doctrines: Election Of Rights Versus Selection Of Remedies, Laura A. Heymann
Overlapping Intellectual Property Doctrines: Election Of Rights Versus Selection Of Remedies, Laura A. Heymann
Laura A. Heymann
Overlaps exist across various doctrines in federal intellectual property law. Software can be protected under both copyright law and patent law; logos can be protected under both copyright law and trademark law. Design patents provide a particular opportunity to consider the issue of overlap, as an industrial design that qualifies for design patent protection might also, in particular circumstances, qualify for copyright protection as well as function as protectable trade dress.
When an overlap issue arises—that is, when an intellectual property rights holder asserts rights under more than one doctrine—the question then becomes how courts should respond. One response, of …
A Tale Of (At Least) Two Authors: Focusing Copyright Law On Process Over Product, Laura A. Heymann
A Tale Of (At Least) Two Authors: Focusing Copyright Law On Process Over Product, Laura A. Heymann
Laura A. Heymann
No abstract provided.