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Torts

Golden Gate University School of Law

Publications

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Articles 1 - 3 of 3

Full-Text Articles in Law

Media Violence Tort Cases: Problems Of Causation And The First Amendment, David Franklyn Jan 2000

Media Violence Tort Cases: Problems Of Causation And The First Amendment, David Franklyn

Publications

Introduction to the Northern Kentucky Law Review Symposium 2000.


Introduction To The Northern Kentucky Law Review Products Liability Symposium 1999, David Franklyn Jan 1999

Introduction To The Northern Kentucky Law Review Products Liability Symposium 1999, David Franklyn

Publications

Introduction to the Northern Kentucky Law Review Products Liability Symposium 1999.


The Apparent Manufacturer Doctrine, Trademark Licensors And The Third Restatement Of Torts, David Franklyn Jan 1999

The Apparent Manufacturer Doctrine, Trademark Licensors And The Third Restatement Of Torts, David Franklyn

Publications

In this Article, I argue that trademark licensors should be subjected to liability under the apparent manufacturer doctrine in two situations: (1) when a licensor induces consumers to believe the licensor manufactured the product, or (2) when a licensor induces consumers to believe that the licensor controlled the standards or specifications for manufacturing the product. Under either prong of the proposed test, a plaintiff would be required to show that a reasonable consumer of the licensed product would have relied on the trademark in the requisite manner. Once the plaintiff makes this showing, courts would then presume that the actual …