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Articles 1 - 14 of 14
Full-Text Articles in Law
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
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, …
Trademark Licenses: Even In A Hypothetical Or Actual World, Footstar Got It Right, Saul Ehrenpreis
Trademark Licenses: Even In A Hypothetical Or Actual World, Footstar Got It Right, Saul Ehrenpreis
Student Articles and Papers
The core of many companies' business model depends heavily on access to a trademark license. Unfortunately, despite possessing a license and turning a profit, some of these companies run into difficulties and are forced to file for chapter 11. This article analyzes the legal issues faced by a company in this situation. First, it explores the existing tension at the intersection of bankruptcy and trademark law, then discusses the three approaches courts have taken to resolving this tension. It concludes with the proposal that only one of these approaches appropriately balances the competing interests at stake.
Naming, Identity, And Trademark Law, Laura A. Heymann
Naming, Identity, And Trademark Law, Laura A. Heymann
Faculty Publications
As the process of creation in the age of digital media becomes more fluid, one pervasive theme has been the desire for attribution: from the creator’s perspective, to receive credit for what one does (and to have credit not falsely attributed) and from the audience’s perspective, to understand the source of material with which one engages. But our norms of attribution reflect some inconsistencies in defining the relationship among name, identity, and authenticity. A blog post by a writer identified only by a pseudonym may prove to be very influential in the court of public opinion, while the use of …
Recent Developments In Intellectual Property Law In Nigeria, Ufuoma Barbara Akpotaire
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
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 …
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 …
Free-Riders And Trademark Law's First Sale Rule, David W. Barnes
Free-Riders And Trademark Law's First Sale Rule, David W. Barnes
Santa Clara High Technology Law Journal
No abstract provided.
Business Roundtable: Patents & Trademarks, Robert Berry
Business Roundtable: Patents & Trademarks, Robert Berry
Librarian Publications
An October 2011 presentation by Robert Berry, Research Librarian and Patent and Trademark Resource Center representative for the Sacred Heart University Library.
Small Business Strategies Series: Patents & Trademarks, Robert Berry
Small Business Strategies Series: Patents & Trademarks, Robert Berry
Librarian Publications
A November 14 2011 presentation by Robert Berry, Research Librarian and Patent and Trademark Resource Center representative for the Sacred Heart University Library.
Trumbull Library System, Business Program: Patents & Business Intelligence, Amy Jansen, Robert Berry
Trumbull Library System, Business Program: Patents & Business Intelligence, Amy Jansen, Robert Berry
Librarian Publications
A November 10, 2011 presentation by Amy Jansen, Business Librarian at Sacred Heart University and Robert Berry, Research Librarian and Patent and Trademark Resource Center representative for the Sacred Heart University Library.
Overcoming Babel’S Curse: Adapting The Doctrine Of Foreign Equivalents, Jonathan Skinner
Overcoming Babel’S Curse: Adapting The Doctrine Of Foreign Equivalents, Jonathan Skinner
Publications
No abstract provided.
Brand Renegades, Jeremy N. Sheff
Brand Renegades, Jeremy N. Sheff
Faculty Publications
Recent appearances of trademarks in popular culture-in rap lyrics, on reality TV shows, even in youth riots have raised the question whether the owners of those trademarks might pursue legal remedies to protect their brands from unwanted social associations. This Article argues that they cannot, and that we should understand this limitation on trademark rights as grounded in a principle that consumption of certain brands is an expressive act that First Amendment principles place outside trademark owners' control.
The Ethics Of Unbranding, Jeremy N. Sheff
The Ethics Of Unbranding, Jeremy N. Sheff
Faculty Publications
This Essay explores the ethical implications of the phenomenon of "unbranding" that has recently been discussed in popular and scholarly literature. It compares two extant definitions of unbranding and examines each under alternative ethical theories of trademark law, specifically deontological and consequentialist theories. With respect to each of these theories, the Essay examines the ethical questions raised by the existence of asymmetric information between brand owners and consumers. This includes asymmetries not only with regard to information about products, but also with regard to information about consumer decision-making processes. The latter asymmetry presents conflicts between deontological and consequentialist conclusions regarding …
Biasing Brands, Jeremy N. Sheff
Biasing Brands, Jeremy N. Sheff
Faculty Publications
The dominant search-costs model of trademark law posits that consumers choose products to satisfy their preferences by analytically mapping those preferences to product information that trademarks efficiently provide. This Article tests these descriptive claims against empirical and theoretical research in marketing and consumer psychology, particularly the concept of "brand equity": the value to a firm or its customers of a brand and of the firm's efforts to build and maintain that brand.
Internally complex brand equity models, juxtaposed with empirical findings in related psychology and marketing research, challenge the descriptive accuracy of the search-costs model. In particular, branding efforts can …