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Full-Text Articles in Law
Much Dispute About Nothing? A Critical Examination Of The Backlash Against Investment Treaty Arbitration In International Intellectual Property Disputes, Andy Taylor
Cybaris®
No abstract provided.
That's Fuct: Why The Political Question Doctrine Should Have Barred The Supreme Court From Deciding Iancu V. Brunetti, Jennifer Madaras
That's Fuct: Why The Political Question Doctrine Should Have Barred The Supreme Court From Deciding Iancu V. Brunetti, Jennifer Madaras
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.
The Commodification Of Trademarks: Some Final Thoughts On Trademark Dilution, Kenneth L. Port
The Commodification Of Trademarks: Some Final Thoughts On Trademark Dilution, Kenneth L. Port
Faculty Scholarship
This article is an explication of the trend toward commodification of famous or putatively famous trademarks and the resultant urging that the FTDA be repealed. This article starts with a literature review showing that the vast majority of commentators have been severely critical of the FTDA. This has been ignored by Congress. The article next pursues Congress's blind support of the FTDA and suggests that more thought and analysis from Congress is still required. The article next explains the data regarding FTDA claims. All reported cases from 1996 through 2015 are coded and examined. The conclusion, looking at the data, …
What’S In A Name, Brother—Profit Or Publicity: An Analysis Of Trademarking Ring Names In Professional Wrestling, Alissa M. Harrington
What’S In A Name, Brother—Profit Or Publicity: An Analysis Of Trademarking Ring Names In Professional Wrestling, Alissa M. Harrington
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. …
Twenty-First Century Trademarks: How Quirky Quick Response Codes (Quircs) Will Challenge The Lanham Act And The Uspto, Matthew C. Kulseth
Twenty-First Century Trademarks: How Quirky Quick Response Codes (Quircs) Will Challenge The Lanham Act And The Uspto, Matthew C. Kulseth
Cybaris®
No abstract provided.
Open Letter To Director David Kappos Of The United States Patent And Trademark Office, Kenneth L. Port
Open Letter To Director David Kappos Of The United States Patent And Trademark Office, Kenneth L. Port
Faculty Scholarship
I appreciate the opportunity to respond to the Request for Comments on the extent to which small businesses may be harmed by litigation tactics by corporations‟ attempts to enforce trademark rights beyond a reasonable interpretation of the scope of the rights granted to the trademark owner; the best use of Government services to protect trademarks and prevent counterfeiting; and appropriate policy recommendations.
The PTO should be commended for considering whether the use of trademark litigation as a form of “bullying” is a problem for the U.S. trademark system. While some consider trademark litigation as a justifiable effort to police marks …
Defenders Of Small Business?: A Perspective On The Supreme Court's Recent Trademark Jurisprudence, Sharon K. Sandeen
Defenders Of Small Business?: A Perspective On The Supreme Court's Recent Trademark Jurisprudence, Sharon K. Sandeen
William Mitchell Law Review
No abstract provided.
The Supreme Court And Trademark Law In The New Millennium, David S. Welkowitz
The Supreme Court And Trademark Law In The New Millennium, David S. Welkowitz
William Mitchell Law Review
No abstract provided.
The Illegitimacy Of Trademark Incontestability, Kenneth L. Port
The Illegitimacy Of Trademark Incontestability, Kenneth L. Port
Faculty Scholarship
The concept of incontestability in American trademark law has caused great confusion ever since its adoption as part of United States trademark law in 1946. This Article is first a study of the rational basis for incontestability in American trademark law. The role of incontestability in the larger regime of American trademark law is established in order to understand incontestability as it fits within the history of the common law of trademarks. This is fundamental in order to understand the significance of the thesis that incontestability is illegitimate. Next, acquisition of incontestability is presented in order to show how simple …