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Full-Text Articles in Law
An Empirical Examination Of Consumer Survey Use In Trademark Litigation, Katie Brown Ph.D, Natasha T. Brison, Paul Batista
An Empirical Examination Of Consumer Survey Use In Trademark Litigation, Katie Brown Ph.D, Natasha T. Brison, Paul Batista
Loyola of Los Angeles Entertainment Law Review
This Article is a comprehensive examination of the use of consumer surveys in trademark litigation cases at the federal level. Previous research has shown consumer surveys can be critical to the outcome of trademark litigation, as they measure the idiosyncratic mental associations and reactions of prospective consumers. For this Article, this study examined 843 trademark infringement and dilution cases spanning 2007 to 2017. The findings reveal consumer surveys are not utilized in trademark litigation as often as research suggests they should be. While consumer surveys are not required in trademark litigation, nor necessarily easy or inexpensive to com- mission, this …
The Trademark Dilution Revision Act's Nullifying Effect On Famous Mark Holder's Dilution Claims, Kathleen Bodenbach
The Trademark Dilution Revision Act's Nullifying Effect On Famous Mark Holder's Dilution Claims, Kathleen Bodenbach
Marquette Intellectual Property Law Review
This comment will address how the TDRA has left famous mark holders, particularly high-end fashion house Louis Vuitton, with little in its arsenal to prevent others from mocking and devaluing its marks despite its worthy efforts. Part II addresses the relationship between trademark infringement, dilution, and parody. Part III takes a closer look at fashion giant Louis Vuitton’s strides to protect its famous marks and the courts’ differing approaches to assessing whether a parody exists. Part III also addresses the relationship between parody when it does and does not operate as a designation of source. Part IV offers a discussion …
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
Hofstra Law Review
After nearly 20 years of effectiveness, the Federal Trademark Dilution Act (FTDA) remains as controversial as ever. What the 20 years of jurisprudence has taught us is that academics have been right all along. Dilution is either unconstitutional, inappropriate, or simply misguided legislation. This article calls for its repeal. A thorough literature review shows that most academics oppose dilution. A study of all trademark litigation demonstrates that the cause of action of pure dilution never appears in reported cases anymore. The existence of the FTDA gives trademark holders the perverse incentive to claim that all marks are famous as “fame” …
The Federal Trademark Dilution Act And Its Effect On Parody: No Laughing Matter, Natalie A. Dopson
The Federal Trademark Dilution Act And Its Effect On Parody: No Laughing Matter, Natalie A. Dopson
Journal of Intellectual Property Law
No abstract provided.
Sunbeam Products, Inc V. The West Bend Co.: Exposing The Malign Application Of The Federal Dilution Statute To Product Configurations, Paul Heald
Journal of Intellectual Property Law
No abstract provided.
Trademarks Ride Into The Wild West Of The Internet: A Landmark Ruling Of Cyber Infringement In The Comp Examiner Agency, Inc. V. Juris, Inc., Kimberley J. Hale
Trademarks Ride Into The Wild West Of The Internet: A Landmark Ruling Of Cyber Infringement In The Comp Examiner Agency, Inc. V. Juris, Inc., Kimberley J. Hale
Journal of Intellectual Property Law
No abstract provided.
Dilution, An Idea Whose Time Has Gone; Brand Equity As Protectable Property, The New/Old Paradigm, Jerre B. Swann, Theodore H. Davis Jr.
Dilution, An Idea Whose Time Has Gone; Brand Equity As Protectable Property, The New/Old Paradigm, Jerre B. Swann, Theodore H. Davis Jr.
Journal of Intellectual Property Law
No abstract provided.
"Leave Little Guys Alone!": Protecting Small Businesses From Overly Litigious Corporations And Trademark Infringement Suits, Sara Marie Andrzejewski
"Leave Little Guys Alone!": Protecting Small Businesses From Overly Litigious Corporations And Trademark Infringement Suits, Sara Marie Andrzejewski
Journal of Intellectual Property Law
No abstract provided.
Quiet On Set! We Have A Trademark To Sell, Brittany Robbins
Quiet On Set! We Have A Trademark To Sell, Brittany Robbins
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Trademark Law Harmonization In The European Union: Twenty Years Back And Forth, William Robinson, Giles Pratt, Ruth Kelly
Trademark Law Harmonization In The European Union: Twenty Years Back And Forth, William Robinson, Giles Pratt, Ruth Kelly
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Minority Vote Dilution In The Age Of Obama, Dale Ho
Minority Vote Dilution In The Age Of Obama, Dale Ho
University of Richmond Law Review
No abstract provided.
Protection And Enforcement Of Well-Known Mark Rights In China: History, Theory And Future, Jing "Brad" Luo, Shubha Ghosh
Protection And Enforcement Of Well-Known Mark Rights In China: History, Theory And Future, Jing "Brad" Luo, Shubha Ghosh
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Steam Shovels And Lipstick: Trademarks, Greed, And The Public Domain, Mary Lafrance
Steam Shovels And Lipstick: Trademarks, Greed, And The Public Domain, Mary Lafrance
Nevada Law Journal
No abstract provided.
Trademark Dilution In Japan, Kenneth L. Port
Trademark Dilution In Japan, Kenneth L. Port
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Panel I: Trademark Dilution: Moseley And Beyond., Ceceelia Dempsy, Marie Driscoll, Hugh C. Hansen, Susan Progoff
Panel I: Trademark Dilution: Moseley And Beyond., Ceceelia Dempsy, Marie Driscoll, Hugh C. Hansen, Susan Progoff
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Two Wrongs Making A Right: Using The Third And Ninth Circuits For A Uniform Standard Of Fame In Federal Dilution Law, Scott Harvison
Two Wrongs Making A Right: Using The Third And Ninth Circuits For A Uniform Standard Of Fame In Federal Dilution Law, Scott Harvison
Seattle University Law Review
This Comment contains six main parts. Part II analyzes the Lanham Act of 19461 and the likelihood of confusion standard, which led to the enactment of the FTDA. Part III briefly examines the history of dilution and then looks at the FTDA. Part IV focuses on the FTDA's legislative history and intent. In light of the discussion in the foregoing parts, Part V examines differing interpretations of fame as demonstrated by the decisions by the Third and Ninth Circuits, which illustrate and incorporate the differing interpretations of the FTDA among other circuits. In Part VI, this Comment concludes by proposing …
The Anticompetitive Effect Of Passive Investment, David Gilo
The Anticompetitive Effect Of Passive Investment, David Gilo
Michigan Law Review
There are many cases in which a firm passively invests in its competitor. For example, Microsoft passively invested in $150 million worth of the nonvoting stock of Apple, its historic rival in the operating systems market. Also, in November 1998, Northwest Airlines, the nation's fourth-largest airline, purchased 14% of the common stock of Continental Airlines Inc., the nation's fifth-largest (and fastest growing) airline. Northwest competes with Continental on seven routes, serving 3.6 million passengers per year. In another example, TCI, the nation's largest cable operator, became a passive investor with a 9% stake (which can be increased, under the terms …
Virtual Reality: Can We Ride Trademark Law To Surf Cyberspace, David Yan
Virtual Reality: Can We Ride Trademark Law To Surf Cyberspace, David Yan
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Dilution Doctrine: Towards A Reconciliation With The Lanham Act, Elliot B. Staffin
The Dilution Doctrine: Towards A Reconciliation With The Lanham Act, Elliot B. Staffin
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Convertible Securities And Section 16(B): The Persistent Problems Of Purchase, Sale, And Debts Previously Contracted, W. Richard Keller
Convertible Securities And Section 16(B): The Persistent Problems Of Purchase, Sale, And Debts Previously Contracted, W. Richard Keller
Michigan Law Review
In 1934, Congress enacted section 16(b) of the Securities Exchange Act in an effort to counteract the evils flowing from speculation in corporate securities by certain persons having information regarding the corporation's affairs or occupying positions of trust which permit manipulation of corporate policies. In general, section 16(b) permits the issuer, or one or more stockholders acting in its behalf, to recover any "short-swing" profit realized from purchases and sales (or sales and purchases) of the issuer's equity securities within a six-month period by directors, officers, or beneficial owners of more than ten per cent of any class of equity …