Law Commons^™

No Todo Lo Que Brilla Es Oro, Pero Podría Serlo… Sobre El Nuevo Precedente Del Tribunal De Indecopi Sobre La Evaluación De Acuerdos De Coexistencia Marcaria, Javier André Murillo Chávez

Javier André Murillo Chávez

No abstract provided.

Se Venden Tabas, Micas, Chelas Y Puchos: Sobre Las Jergas Y/O Peruanismos Como Signos Distintivos, Javier André Murillo Chávez, Miryam Stephanie Palacios Mendoza

Javier André Murillo Chávez

No abstract provided.

N.I.G.G.A., Slumdog, Dyke, Jap, And Heeb: Reconsidering Disparaging Trademarks In A Post-Racial Era, Amanda E. Compton

Amanda E. Compton

Currently registration of disparaging trademarks is prohibited under Section 2(a) of the Lanham Act. Recent events, however, should reinvigorate the debate about the protection and registration of disparaging marks: (1) recent decisions published by the Trademark Trial and Appeal Board (TTAB) that continue to address and highlight the issues surrounding the registration of disparaging marks; (2) a proposed federal act that would not only specifically bar the registration of any trademark that includes the word “redskins,” but would also retroactively cancel any existing registration that consist of or includes that term; and (3) an amendment to a state act that …

Ptrc Resources At Sacred Heart University’S Ryan Matura Library:Trademarks & Patents, Amy Jansen, Robert Berry

Robert Berry

No abstract provided.

Article Iii: Cases & Controversies - Teaching The Already V. Nike Case, Corey A. Ciocchetti

Corey A Ciocchetti

Nike is the market leader selling athletic shoes worldwide. Already markets its products to a smaller segment of the athletic shoe market. These two companies battled at the intersection of the intellectual property, federal court jurisdiction and constitutional law. These slides help teach the Already v. Nike Supreme Court case. These slides cover issues such as Article III cases & controversies, intellectual property rights in trademarks and patents as well as mootness and standing doctrines.

Valuation & Assessment Of Intangible Assets, And How The America Invents Act Will Affect Patent Valuations, Andrew J. Maas

Andrew J. Maas

Intangible assets have created value for hundreds of years. Valuation of intangible assets regularly applies to patents, copyrights, trademarks, and tradesecrets. A few current case studies included in the article cover current patents, copyrights, trademarks, and trade secrets. In 2011 the America Invents Act was signed into law by President Obama and will have a significant affect on patent valuation. The America Invents Act will require some adjustments to how current patent valuation analysts approach early stage patent valuation. Specifically, analysts will need to understand: 1)inventorship, 2) potential undermining of patent value because of the prior commercial user defense, 3) …

Trademarks As Fictitious Commodities: An Erosion Of The Public Interest? An Assessment Of The Use Of Trademarks Over Urban Space At The Example Of London’S Regent Street And Paris’ Champs-Elysées, Roya Ghafele, Samantha Vanderslott

Roya Ghafele

With reference to Karl Polyani’s notion of fictitious commodities we evaluate whether the protection of two worldwide known streets, namely ‘Regent Street’ in London and the ‘Champs- Elysées’ in Paris may be perceived as an erosion of the public interest and thus call for potential policy reformulation or reforms to substantive trademark law. The reasons for this choice are twofold: Firstly, the existing body of literature offers an in-depth discussion on the complex dynamics between the public interest and patents and copyrights, yet relatively little has been said so far on the correlation of the public interest and trademarks. Secondly, …

Recent Developments In Intellectual Property Law In Nigeria, Ufuoma Barbara Akpotaire

Ufuoma Barbara Akpotaire

Key Point – This article provides an overview of the developments in the field of Intellectual Property (IP) in Nigeria and highlights key issues in 10 recent judgments on IP Law in Nigeria. The cases are organized thematically according to the type of Intellectual Property Rights (IPRs) protected under the Nigerian legal system such as trademarks, copyrights, patents, and designs. The decision to pen this Article is borne out of a conversation with a colleague in New York, who seemed surprised to learn that I had worked as an IP lawyer in Nigeria. My colleague was aware of the existence …

Reclassifying Reverse Passing Off As Failure To Contract Or As False Advertising, Malla Pollack

Malla Pollack

The tort of reverse passing off should be abolished. This conclusion stems from a combination of economic analysis, recognition of the disparate foundations of trade identity law versus creativity law (such as copyright and patent), realistic appraisal of product distribution, and an updated survey of existing case law. Trademark holders which desire a legally enforceable right for their marks to remain affixed to their goods downstream should be required to contract ex ante. Any likelihood of consumer deception caused by using another’s goods in an advertisement for one’s own goods should be addressed through false advertising claims. Reverse passing off …

Patriotism For Profit And Persuasion: The Trademark, Free Speech, And Governance Problems With Protection Of Governmental Marks In The United States, Malla Pollack

Malla Pollack

“Governmental marks” are words or phrases which involve the identity of a social group that is partly defined in terms of its citizenship in a government-institution. The power to name a social group (especially one from which exit is difficult) confers enormous power over the group’s members. Legally classifying such words as trademarks commodifies them, increasing the namer’s power: both by giving the word monetary value and by providing the mark-holder with the legal right to prevent others from manipulating the word’s meaning.

Destination marketing employing governmental marks has become ubiquitous. The municipal governments of both New York City and …

Poisoned Flowers In Cyberspace: Resolving Focal Point Abuses And Tradmark-Related Conflicts In Space By Rewriting Code, Thomas C. Folsom

Thomas C. Folsom

In cyberspace, dynamically coded focal points don’t just provide salient references. They can actually deliver a person’s augmented presence to a location. Placing reliable focal points as navigational markers in coded space is useful and indexing them is even better because these activities support the public good by providing a virtual map to cyberspace, thereby promoting access, navigation, information-activity and trust among augmented presences. In an objective cyberspace which relies upon a virtual map featuring dynamically coded focal points functioning as markers, addresses, magnets, roadblocks or detours, I propose that conduct which (a) alters the virtual map, (b) plants deceptive …

Luxury Markets, Antitrust, And Intellectual Property: An Introduction, Ben Kleinman-Green

Ben Kleinman-Green

In this paper I look at markets for luxury goods and begin exploring the interplay among trademark law, antitrust law, luxury goods, and copies of luxuries. In the absence of empirical data and economic theories directly on point, I informally extend a model of luxury markets to account for copies of luxury goods and then look to trademark law cases for indications of how courts might evaluate luxury markets in an antitrust context.

Space Pirates, Hitchhikers, Guides And The Public Interest: Transformational Trademark Law In Cyberspace, Thomas C. Folsom

Thomas C. Folsom

Modern trademark law has come of age. Like copyright and patent, it not only has a metaphysic of its own, but it also has the capacity to take goods and services out of the commons. The tendency of modern trademark law to dimi-nish, waste or spoil the commons is nowhere more apparent than in cyber-space. My prior analytic, descriptive and doctrinal articles asserted the leading cases either overprotect or under–protect marks in space, and both extremes are wrong. The cases reach the wrong results at the critical margin because they neither define cyberspace nor distinguish the mark–type conflicts typical-ly occurring …

Google's Law, Greg Lastowka

Greg Lastowka

Google has become, for the majority of Americans, the index of choice for online information. Through dynamically generated results pages keyed to a near-infinite variety of search terms, Google steers our thoughts and our learning online. It tells us what words mean, what things look like, where to buy things, and who and what is most important to us. Google’s control over “results” constitutes an awesome ability to set the course of human knowledge. As this paper will explain, fortunes are won and lost based on Google’s results pages, including the fortunes of Google itself. Because Google’s results are so …

Testing The Admissibility Of Trademark Surveys After Daubert, Artemio Rivera

Artemio Rivera

To be admissible, a survey must apply the principles of survey research to the target population in a reliable manner, and base its results upon sufficient interviews and responses. These requirements make clear that the existence of flaws in a survey is not simply a matter of weight to be resolved by the fact finder, but an issue of admissibility that must be determined by the courts as part of their gate keeping duties.

Time To Dilute The Dilution Statute And What Not To Do When Opposing Legislation: Beyond A Comment On Professor Port's The "Unnatural" Expansion Of Trademark Rights: Is A Federal Dilution Statute Necessary?, Malla Pollack

Malla Pollack

This article has three goals: to state clearly the practical problems with the Federal Trademark Dilution Act of 1995, to suggest modifications to deal with these problems, and to explore why prior opposition pieces did not garner support from the uncommitted. This last project requires a subject for the dissection table. Because it won the coveted Ladas Memorial Award for the best trademark article in 1994 and because it was published by the Trademark Reporter just before Congress voted on the Act, this article focuses on Kenneth Port's article, "The 'Unnatural' Expansion of Trademark Rights: Is a Federal Dilution Statute …