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Full-Text Articles in Law
Weed The People: Trademarking Rights In The Marijuana Industry, Ryan Christen
Weed The People: Trademarking Rights In The Marijuana Industry, Ryan Christen
Cybaris®
No abstract provided.
The Plague Of Fake News And The Intersection With Trademark, Joshua Humphrey
The Plague Of Fake News And The Intersection With Trademark, Joshua Humphrey
Cybaris®
No abstract provided.
A Taste Of The Current Protection Offered By Intellectual Property Law To Molecular Gastronomy, Mary Grace Hyland
A Taste Of The Current Protection Offered By Intellectual Property Law To Molecular Gastronomy, Mary Grace Hyland
Cybaris®
No abstract provided.
Trademark Extortion Revisited: A Response To Vogel And Schachter, Kenneth L. Port
Trademark Extortion Revisited: A Response To Vogel And Schachter, Kenneth L. Port
Faculty Scholarship
Trademark bullying (a.k.a. trademark extortion) is a very controversial notion in trademark litigation in the United States. There, for sure, is a lot of illegitimate trademark infringement happening. Anecdotally, we also know that trademark holders often overstep in the assertion of their otherwise legitimate rights. For the first time, this article documents how large a problem trademark bullying is and how often it happens. Trademark bullying occurs when there is evidence that a trademark holder asserts a non-famous mark against a non-competing entity on or in connection with goods or services into which the plaintiff has no reasonable expectation of …
A Case Against Acta, Kenneth L. Port
A Case Against Acta, Kenneth L. Port
Faculty Scholarship
The Anti-counterfeiting Trade Agreement (ACTA) is being considered by the Obama Administration as an Executive Order. If signed, this Order will greatly enhance controls placed at the borders of 36 countries to attempt to stop the international flow of so-called counterfeit goods. To remove the social, political and emotional sensitivity, I adopt the value neutral term of “imitative commodity” to describe what some call counterfeits, knockoffs, pirates, etc. This article uses just three manufacturers of luxury status goods to consider whether the ACTA will have positive or negative consequences. It concludes that the data supporting the need for the ACTA …
On Nontraditional Trademarks, Kenneth L. Port
On Nontraditional Trademarks, Kenneth L. Port
Faculty Scholarship
This piece regards nontraditional trademarks like sound, color, scent or even the vertical opening motion of a Lamborghini car door. The protection of trademarks has, historically, walked a fine balance. Naturally, as a society, we want to protect trademarks so that transaction costs are lowered as purchasers make a quick and easy purchasing decision. You see Tide, you know Tide, you buy Tide. However, the protection of nontraditional trademarks upsets this fine balance. If we go too far in the protection we grant unwarranted monopolies to companies to stifle the precise competition the law was meant to encourage. Sometimes, we …