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Full-Text Articles in Law
Moral Judgments In Trademark Law, Ned Snow
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 …
2007 Trademark Law Decisions Of The Federal Circuit, Susan M. Kayser, David Jaquette
2007 Trademark Law Decisions Of The Federal Circuit, Susan M. Kayser, David Jaquette
American University Law Review
No abstract provided.
Big Boi, Dr. Seuss, And The King: Expanding The Constitutional Protections For The Satirical Use Of Famous Trademarks , Aaron Jaroff
Big Boi, Dr. Seuss, And The King: Expanding The Constitutional Protections For The Satirical Use Of Famous Trademarks , Aaron Jaroff
American University Law Review
No abstract provided.
The Trademark Jurisprudence Of Judge Rich, Jeffrey M. Samuels, Linda B. Samuels
The Trademark Jurisprudence Of Judge Rich, Jeffrey M. Samuels, Linda B. Samuels
American University Law Review
For nearly forty-three years, Giles Sutherland Rich served as a member of the U.S. Court of Customs and Patent Appeals (C.C.P.A.) and its successor court, the U.S. Court of Appeals for the Federal Circuit. Judge Rich is widely regarded as one of the most influential jurists in the area of patent law—and rightfully so. Less well known is that Judge Rich also authored many significant decisions in the area of trademark law. Judge Rich’s opinions in the area of trademarks span the spectrum of trademark registrability issues and explore important issues of public policy. This Article reviews a number of …
The Sunset Of "Quality Control" In Modern Trademark Licensing, Irene Calboli
The Sunset Of "Quality Control" In Modern Trademark Licensing, Irene Calboli
American University Law Review
Historically, based on the premise that trademark protection is about consumer welfare, trademark law has allowed trademark licensing only as long as licensors control the quality of the products bearing the licensed marks. Ever since its adoption, however, this rule has been difficult to enforce because it hinges on a concept that is ambiguous and difficult to frame in a legal context: quality control. Unsurprisingly, the consequence has been inconsistent case law and much uncertainty as to what represents valid licensing. In addition, in the past decades, courts have proven increasingly reticent to strictly apply this rule and have declared …
2005 Trademark Decisions Of The Federal Circuit, Stephen R. Baird
2005 Trademark Decisions Of The Federal Circuit, Stephen R. Baird
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
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.
1997 Survey Of Trademark Decisions By The Court Of Appeals For The Federal Circuit , Julia Anne Matheson, Douglas A. Rettew
1997 Survey Of Trademark Decisions By The Court Of Appeals For The Federal Circuit , Julia Anne Matheson, Douglas A. Rettew
American University Law Review
No abstract provided.