Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Criminal Law (3)
- International Law (3)
- Internet Law (3)
- Law and Gender (3)
- Law and Society (3)
-
- Water Law (3)
- Administrative Law (2)
- Commercial Law (2)
- Comparative and Foreign Law (2)
- Courts (2)
- Privacy Law (2)
- Securities Law (2)
- Social and Behavioral Sciences (2)
- Tax Law (2)
- Antitrust and Trade Regulation (1)
- Civil Rights and Discrimination (1)
- Communication (1)
- Constitutional Law (1)
- Economics (1)
- Environmental Law (1)
- Estates and Trusts (1)
- European Law (1)
- Evidence (1)
- First Amendment (1)
- Fourth Amendment (1)
- Health Law and Policy (1)
- Intellectual Property Law (1)
- International Economics (1)
- Jurisprudence (1)
- Keyword
-
- Women (3)
- Antitrust (2)
- Computer Law (2)
- Constitutional Law (2)
- Courts (2)
-
- Environmental Law (2)
- Indian Law (2)
- International Law (2)
- Internet Law (2)
- Secured Transactions (2)
- Administrative Law (1)
- Administrative Procedure (1)
- Claim construction (1)
- Estate Planning and Probate (1)
- Exclusionary Rule (1)
- Health Law and Policy (1)
- Intellectual property (1)
- Jurisprudence (1)
- Law (1)
- Law Enforcement and Corrections (1)
- Legal Education (1)
- Markman hearings (1)
- Markman v. Westview Instruments Inc. (1)
- Religion (1)
- Taxation (1)
- Taxation-Federal Estate and Gift (1)
- Torts (1)
Articles 31 - 32 of 32
Full-Text Articles in Law
The Death Of Ontology: A Teleological Approach To Trademark Law, Graeme Dinwoodie
The Death Of Ontology: A Teleological Approach To Trademark Law, Graeme Dinwoodie
All Faculty Scholarship
In recent years, U.S. courts have recognized that a wide (and potentially limitless) range of subject matter may act as a trademark. These developments arguably comport both with a contemporary (global) consumer who is less reliant on linguistic forms of communication and with postmodern scholarship regarding the varied sources and development of meaning. This article addresses how trademark law should adapt to the reality that consumers identify and distinguish products using a range of symbols other than the traditional forms of words and pictorial images. I contend that, in order to regulate effectively the present-day marketplace, trademark law must recognize …
Still Adjusting To Markman: A Prescription For The Timing Of Claim Construction Hearings, William Lee, Anita Krug
Still Adjusting To Markman: A Prescription For The Timing Of Claim Construction Hearings, William Lee, Anita Krug
All Faculty Scholarship
In Markman v. Westview Instruments, Inc., the Supreme Court held that the interpretation of patent claims is a question of law to be determined by the court rather than a question of fact to be decided by the jury. The Court based its holding on the belief that judges are better suited than juries to address claim interpretation issues and that claim interpretation by the court would result in greater uniformity in the treatment of patents. The Markman decision, however, has confronted the district courts with a host of thorny questions, such as what evidence they may consider in their …