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Full-Text Articles in Law
Trademarks In An Algorithmic World, Christine Haight Farley
Trademarks In An Algorithmic World, Christine Haight Farley
Washington Law Review
According to the sole normative foundation for trademark protection—“search costs” theory—trademarks transmit useful information to consumers, enabling an efficient marketplace. The marketplace, however, is in the midst of a fundamental change. Increasingly, retail is virtual, marketing is data-driven, and purchasing decisions are automated by AI. Predictive analytics are changing how consumers shop. Search costs theory no longer accurately describes the function of trademarks in this marketplace. Consumers now have numerous digital alternatives to trademarks that more efficiently provide them with increasingly accurate product information. Just as store shelves are disappearing from consumers’ retail experience, so are trademarks disappearing from their …
How High Fashion Brands And Nfts Are Changing The Future Of The Art Market And Trademark Prosecution, Grace Hodges
How High Fashion Brands And Nfts Are Changing The Future Of The Art Market And Trademark Prosecution, Grace Hodges
DePaul Journal of Art, Technology & Intellectual Property Law
No abstract provided.
Much Dispute About Nothing? A Critical Examination Of The Backlash Against Investment Treaty Arbitration In International Intellectual Property Disputes, Andy Taylor
Cybaris®
No abstract provided.
Survey & Legal Analysis Of Select Global Trademark Anti-Counterfeiting Statutes & Evidence Of Prosecutions, Kari Kammel
Survey & Legal Analysis Of Select Global Trademark Anti-Counterfeiting Statutes & Evidence Of Prosecutions, Kari Kammel
Marquette Intellectual Property & Innovation Law Review
None
Amend The Lanham Act: Trademark Infringement Needs A Statute Of Limitations, Aaron E. Schindler
Amend The Lanham Act: Trademark Infringement Needs A Statute Of Limitations, Aaron E. Schindler
Marquette Intellectual Property & Innovation Law Review
None.
Systematizing Scents: The Case For Chemically Standardized Nontraditional Scent Trademarks, Jared Novitzke
Systematizing Scents: The Case For Chemically Standardized Nontraditional Scent Trademarks, Jared Novitzke
Marquette Intellectual Property & Innovation Law Review
None.
Selling Aloha: The Fight For Legal Protections Over Native Hawaiian Culture, Angela Louise R. Tiangco
Selling Aloha: The Fight For Legal Protections Over Native Hawaiian Culture, Angela Louise R. Tiangco
William & Mary Journal of Race, Gender, and Social Justice
In 2018, a Chicago-based restaurant attempted to enforce a registered trademark of “Aloha Poke” by sending cease-and-desist letters to small businesses with names containing some variation of the phrase. Most of those businesses were owned by Native Hawaiians, causing an uproar due to the terms “aloha” and “poke” having strong ties to traditional Hawaiian culture. Known as the Aloha Poke case, it brought attention to the fact that the United States currently has no definite legal framework to protect the cultural heritage of Native Hawaiians, much less their intangible cultural heritage.
This Note addresses the lack of federal recognition granted …