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Full-Text Articles in Law
Virtually Identical: A Case For Maintaining Architectural Copyright Protections In The Metaverse, Stephen Mcpaul
Virtually Identical: A Case For Maintaining Architectural Copyright Protections In The Metaverse, Stephen Mcpaul
Cybaris®
No abstract provided.
The Power Of Social Media As An Evolving Force And Its Impact On Intellectual Property, Whitney N. Alston
The Power Of Social Media As An Evolving Force And Its Impact On Intellectual Property, Whitney N. Alston
Cybaris®
No abstract provided.
Revisiting Park ‘N Fly: In Pursuit Of Constraints On Trademark Bullies, Kenneth L. Port
Revisiting Park ‘N Fly: In Pursuit Of Constraints On Trademark Bullies, Kenneth L. Port
Faculty Scholarship
The Supreme Court has been inextricably constraining the trademark right in the last 15 years. The Court first embarked in a wholesale expansion of the trademark right and now the Court is engaged in an effort to rein it back in.
The expansion started in 1985 with Park ‘N Fly v. Dollar Park & Fly. The Court there held that a descriptive and otherwise unenforceable trademark is made enforceable and the appropriate subject of an offensive action to enjoin a competing use if it is incontestable. The Court overruled Park ‘N Fly by implication with KP Permanent Makeup v. Lastings. …