Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Intellectual Property For Breakfast: Market Power And Informative Symbols In The Marketplace, P. Sean Morris
Intellectual Property For Breakfast: Market Power And Informative Symbols In The Marketplace, P. Sean Morris
Cleveland State Law Review
This Article continues to examine an important question: are trademarks a source of market power, or, put differently, when are trademarks an antitrust problem? This fundamental question is a cause of division among antitrust and intellectual property law scholars. However, by raising the question and presenting some scenarios that can provide answers, my hope is that contemporary antitrust and intellectual property scholars can explore some of its implications. As part of my own quest to address this question, I explore the proposition that creative deception and the wealth-generating capacity of trademarks are unorthodox elements that actually contribute to allegations of …
Concrete Forms Of Intellectual Property, Robert J. Fay
Concrete Forms Of Intellectual Property, Robert J. Fay
Cleveland State Law Review
The field of intellectual property as treated in this paper encompasses mental products of industrial importance: inventions or discoveries, literary or artistic works, trade secrets,and distinguishing trademarks or trade names used in commerce. Each of these is characterized by mental activity followed by embodiment in some concrete form. Protection in a measure for the originator is found both in the statutes and in common law.