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Full-Text Articles in Law
The Role Of Unfair Competition In The Common Law, Shyamkrishna Balganesh, Gideon Parchomovsky
The Role Of Unfair Competition In The Common Law, Shyamkrishna Balganesh, Gideon Parchomovsky
Faculty Scholarship
Does the idea of “unfair competition” present the law with a viable alternative to thinking about the regulation of information and informational resources, independent of the traditional categories of the common law (e.g., property/tort) and the assumptions that these categories entail? In this chapter, we argue that, although the answer to that question is no, unfair competition nevertheless plays an important role in complementing the categories of property and torts as they apply to competitive settings. Specifically, unfair competition allows courts to both broaden and narrow the traditional notions of property and torts – especially as they apply to the …
Back To The Future: Rediscovering Equitable Discretion In Trademark Cases, Mark P. Mckenna
Back To The Future: Rediscovering Equitable Discretion In Trademark Cases, Mark P. Mckenna
Journal Articles
Courts in recent years have increasingly made blunt use of their equitable powers in trademark cases. Rather than limiting the scope of injunctive relief so as to protect the interests of a mark owner while respecting the legitimate interests of third parties and of consumers, courts in most cases have viewed injunctive relief in binary terms. This is unfortunate, because greater willingness to tailor injunctive relief could go a long way to mitigating some of the most pernicious effects of trademark law’s modern expansion. This Essay urges courts to reverse this trend towards crude injunctive relief, and to re-embrace their …
The Normative Foundations Of Trademark Law, Mark P. Mckenna
The Normative Foundations Of Trademark Law, Mark P. Mckenna
Journal Articles
This paper challenges the conventional wisdom that trademark law traditionally sought to protect consumers and enhance marketplace efficiency. Contrary to widespread contemporary understanding, early trademark cases were decidedly producer-centered. Trademark infringement claims, like all unfair competition claims, were intended to protect producers from illegitimate attempts to divert their trade. Consumer deception was relevant in these cases only to the extent it was the means by which a competitor diverted a producer's trade. Moreover, American courts from the very beginning protected a party against improperly diverted trade in part by recognizing a narrow form ofproperty rights in trademarks. Those rights were …
Book Review. Albertsworth, E. F., Selected Cases And Other Authorities On Industrial Law, Ralph F. Fuchs
Book Review. Albertsworth, E. F., Selected Cases And Other Authorities On Industrial Law, Ralph F. Fuchs
Articles by Maurer Faculty
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