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A Cause Of Action For "Passing Off/Associational Marketing", Margreth Barrett Jan 2010

A Cause Of Action For "Passing Off/Associational Marketing", Margreth Barrett

IP Theory

The Trademark Scholars Roundtable participants discussed a wide range of approaches to understanding and limiting the ever-increasing sprawl of trademark rights. It was a productive and stimulating discussion. In this essay, I would like to combine some of my own ideas with points and suggestions made by the other participants, to sketch out a possible judicial approach to regulating the sprawl. Before discussing a potential solution, however, it is important to understand the nature of the problem, and some of its primary causes.

Section I will discuss the problem and set the stage for my proposal. Section II will then …


Substantive Claim Construction As A Patent Scope Lever, Peter Lee Jan 2010

Substantive Claim Construction As A Patent Scope Lever, Peter Lee

IP Theory

No abstract provided.


Complex Economics And Patent Remedies, John M. Golden Jan 2010

Complex Economics And Patent Remedies, John M. Golden

IP Theory

No abstract provided.


Even More Complex After All These Years: What The Complexity Of The “How?” Question Of Tailoring Claim Scope Has To Say About The “Who?” Question, Kevin E. Collins Jan 2010

Even More Complex After All These Years: What The Complexity Of The “How?” Question Of Tailoring Claim Scope Has To Say About The “Who?” Question, Kevin E. Collins

IP Theory

No abstract provided.


Formalism, Realism, And Patent Scope, Tun-Jen Chiang Jan 2010

Formalism, Realism, And Patent Scope, Tun-Jen Chiang

IP Theory

No abstract provided.


Markets For Patent Scope, Ted M. Sichelman Jan 2010

Markets For Patent Scope, Ted M. Sichelman

IP Theory

A recurring issue in intellectual property theory is how the scope of patent rights affects invention and commercialization. Traditionally, there has been a dichotomous debate: one view stemming from Ed Kitch, promoting broad “prospect”-style patents in the hands of a single inventor, and another view from Robert Merges and Richard Nelson, advocating relatively narrow scope to encourage competition in innovation. More recently, a variety of scholars have set forth more nuanced positions. My thesis here is that the variance in these views can be traced to differing empirical attitudes about how well the market functions relative to a patent system …


Life In The Fast Lane: Of Presumptions, Defenses, And Burdens, William Mcgeveran Jan 2010

Life In The Fast Lane: Of Presumptions, Defenses, And Burdens, William Mcgeveran

IP Theory

No abstract provided.


Patent Claiming In The United States: Central, Peripheral, Or Mongrel?, Martin J. Adelman Jan 2010

Patent Claiming In The United States: Central, Peripheral, Or Mongrel?, Martin J. Adelman

IP Theory

No abstract provided.


The Role Of Patent Eligibility In Policing Claim Scope, Christopher M. Holman Jan 2010

The Role Of Patent Eligibility In Policing Claim Scope, Christopher M. Holman

IP Theory

No abstract provided.