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Full-Text Articles in Law
Intellectual Property In Experience, Madhavi Sunder
Intellectual Property In Experience, Madhavi Sunder
Georgetown Law Faculty Publications and Other Works
In today’s economy, consumers demand experiences. From Star Wars to Harry Potter, fans do not just want to watch or read about their favorite characters— they want to be them. They don the robes of Gryffindor, flick their wands, and drink the butterbeer. The owners of fantasy properties understand this, expanding their offerings from light sabers to the Galaxy’s Edge®, the new Disney Star Wars immersive theme park opening in 2019.
Since Star Wars, Congress and the courts have abetted what is now a $262 billion-a-year industry in merchandising, fashioning “merchandising rights” appurtenant to copyrights and trademarks that …
Ignoring Administrative Decisions Through Settlement: A Holistic Approach, Vincent Escoto
Ignoring Administrative Decisions Through Settlement: A Holistic Approach, Vincent Escoto
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Beyond Trademark: The Washington Redskins Case And The Search For Dignity, Victoria F. Phillips
Beyond Trademark: The Washington Redskins Case And The Search For Dignity, Victoria F. Phillips
Chicago-Kent Law Review
In her pioneering book, We Want What’s Ours: Learning from South Africa’s Land Restitution Program, Professor Bernadette Atuahene employs a detailed ethnographic study of South Africa’s land restitution program to develop the concept of a dignity taking. This article extends the application of Atuahene’s theory to the taking of intangible property arguing that the misappropriation of cultural identity and imagery for use as a federal trademark can also constitute a dignity taking in certain cases. Perhaps no effort has received more public attention than the longstanding battle over the Washington NFL football team’s name and its federally registered “Redskins” …
Innovators Beat The Climate Change Heat With Humanitarian Licensing And Patent Pools, Andrea Nocito
Innovators Beat The Climate Change Heat With Humanitarian Licensing And Patent Pools, Andrea Nocito
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Mechanical Timepieces & Intellectual Property Protection, Nicholas Douglas
Mechanical Timepieces & Intellectual Property Protection, Nicholas Douglas
Pace Intellectual Property, Sports & Entertainment Law Forum
This article is meant to give you a basic understanding of mechanical timepieces—not just what they are, but how they are different from one another and why that difference is significant. Watches themselves do not need an introduction; they are ubiquitous and have withstood the peaks and troughs of social inequality and have persisted as a commonality between the rich, the poor and the middleclass since the beginning of their mass production in the 19th century. I focus here on the history of watches within the United States because, ultimately, this is a discussion of their legal protection under United …
Lookalike Logos: Is A High School's Use Of A Logo Or Insignia Similar To That Of A University A Violation Under The Lanham Act, Keegan Girodo
Lookalike Logos: Is A High School's Use Of A Logo Or Insignia Similar To That Of A University A Violation Under The Lanham Act, Keegan Girodo
Marquette Sports Law Review
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The 'Jus' Of Use: Trademarks In Transition, Bita Amani, Carys Craig
The 'Jus' Of Use: Trademarks In Transition, Bita Amani, Carys Craig
Articles & Book Chapters
Changes to Canada's Trade-marks Act will soon permit, for the first time, the registration and enforcement of unused trademarks. Far from a mere legal technicality or practical exigency, this shift fundamentally alters the nature of trademarks and the trademark system. Traditionally, it is the use of trade indicia in the marketplace that determines title and acquisition of trademark rights; use that defines the scope and duration of rights; and use that gives rise to claims of infringement. By virtue of the "Jus of use", the trademark system has remained, over time, reasonably true to its rationale, encouraging and rewarding honest …