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The Viability Of The Copyright Misuse Defense, David Scher
The Viability Of The Copyright Misuse Defense, David Scher
Fordham Urban Law Journal
Under the equitable doctrine of "unclean hands," courts will deny an otherwise meritorious claim where the claimant has acted so improperly that the need to punish the claimant’s wrongful behavior outweighs the need to punish the defendant’s allegedly unlawful conduct. The principle underlying the doctrine is that equity presumes harm when an unclean plaintiff obtains relief; consequently, one who desires justice must come into court with a “clean slate.” The theory of intellectual property misuse, which stems from the “unclean hands” doctrine, prevents a plaintiff from enforcing an intellectual property right if that plaintiff is guilty of misconduct with respect …
The Trademark Counterfeiting Act Of 1984: A Sensible Legislative Response To The Ills Of Commercial Counterfeiting, Brian J. Kearney
The Trademark Counterfeiting Act Of 1984: A Sensible Legislative Response To The Ills Of Commercial Counterfeiting, Brian J. Kearney
Fordham Urban Law Journal
This student note explores the recently passed Trademark Counterfeit Act of 1984, viewing it in the context of ever-growing counterfeiting of commercial, agricultural, and aeronautical trademarks. The author examines the history of US trademark regulation, beginning with the Lanham Act of 1946, and then predicts the effects the 1984 Act will have on commercial practice, antitrust law, the sale of goods on the "gray market," and due process implications. The author concludes that though ex parte remedies will be necessary to maintain trademark practices, the 1984 Act does not represent any sort of infringement on due process or commercial practice, …