Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Intellectual Property Law

American University Law Review

Federal Circuit

Articles 1 - 11 of 11

Full-Text Articles in Law

Moral Judgments In Trademark Law, Ned Snow Jan 2017

Moral Judgments In Trademark Law, Ned Snow

American University Law Review

Under the federal Lanham Act, eligibility for trademark protection depends on whether a mark is sufficiently moral. The Federal Circuit has recently held this provision of the Act to be unconstitutional based on its interpretation of speech doctrine. The context of trademark law, however, refutes this interpretation. Indeed, speech doctrine appears to support this morality requirement. Nevertheless, there seems to be another reason that the Federal Circuit held the morality requirement unconstitutional: the judicial discomfort with morality serving as a basis for law. This Essay concludes that this judicial discomfort is unjustified in this instance. From both a constitutional and …


Past, Present, And Future In The Life Of The U.S. Court Of Appeals For The Federal Circuit, Paul R. Michel Apr 2010

Past, Present, And Future In The Life Of The U.S. Court Of Appeals For The Federal Circuit, Paul R. Michel

American University Law Review

No abstract provided.


2007 Patent Law Decisions Of The Federal Circuit, Dean L. Fanelli, Victor N. Balancia, Robert J. Smyth, Carl P. Bretscher, Arthur M. Antonelli, Mark J. Sullivan, Kent E. Basson Apr 2008

2007 Patent Law Decisions Of The Federal Circuit, Dean L. Fanelli, Victor N. Balancia, Robert J. Smyth, Carl P. Bretscher, Arthur M. Antonelli, Mark J. Sullivan, Kent E. Basson

American University Law Review

No abstract provided.


Survey Of The Federal Circuit's Patent Law Decisions In 2006: A New Chapter In The Ongoing Dialogue With The Supreme Court, Gregory A. Castanias, Lawrence D. Rosenberg, Michael S. Fried, Todd R. Geremia Jan 2007

Survey Of The Federal Circuit's Patent Law Decisions In 2006: A New Chapter In The Ongoing Dialogue With The Supreme Court, Gregory A. Castanias, Lawrence D. Rosenberg, Michael S. Fried, Todd R. Geremia

American University Law Review

In 2006, the Federal Circuit decided only one portion of one patent case en banc, and that was done mainly as a procedural matter (the entire case was not argued to an en banc court) in order to reconcile prior conflicting precedent on the issue of induced patent infringement with the recent Supreme Court decision in Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., involving induced copyright infringement. But in light of the Supreme Court’s much more muscular review of the Federal Circuit’s patent cases—which may not even reflect the full extent of the Court’s interest in the Federal Circuit’s patent decisions—the …


The Federal Circuit And The Supreme Court, Arthur J. Gajarsa, Lawrence P. Cogswell May 2006

The Federal Circuit And The Supreme Court, Arthur J. Gajarsa, Lawrence P. Cogswell

American University Law Review

No abstract provided.


2005 Trademark Decisions Of The Federal Circuit, Stephen R. Baird May 2006

2005 Trademark Decisions Of The Federal Circuit, Stephen R. Baird

American University Law Review

No abstract provided.


The Future Role Of The United States Court Of Appeals For The Federal Circuit Now That It Has Turned 21, Richard Linn Apr 2004

The Future Role Of The United States Court Of Appeals For The Federal Circuit Now That It Has Turned 21, Richard Linn

American University Law Review

No abstract provided.


2001 Patent Law Decisions Of The Federal Circuit , Jaseph Ferraro Apr 2002

2001 Patent Law Decisions Of The Federal Circuit , Jaseph Ferraro

American University Law Review

No abstract provided.


Review Of The 1999 Trademark Decisions Of The United States Court Of Appeals For The Federal Circuit , Stephen R. Baird Aug 2000

Review Of The 1999 Trademark Decisions Of The United States Court Of Appeals For The Federal Circuit , Stephen R. Baird

American University Law Review

No abstract provided.


Review Of The 1999 Patent Law Decisions Of The United States Court Of Appeals For The Federal Circuit , Phil N. Makrogiannis Aug 2000

Review Of The 1999 Patent Law Decisions Of The United States Court Of Appeals For The Federal Circuit , Phil N. Makrogiannis

American University Law Review

No abstract provided.


Echoes Of Scientific Truth In The Halls Of Justice: The Standards Of Review Applied By The United States Court Of Appeals For The Federal Circuit In Patent-Related Matters , Lawrence M. Sung Aug 1999

Echoes Of Scientific Truth In The Halls Of Justice: The Standards Of Review Applied By The United States Court Of Appeals For The Federal Circuit In Patent-Related Matters , Lawrence M. Sung

American University Law Review

No abstract provided.