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Articles 1 - 17 of 17
Full-Text Articles in Law
The Washington Redskins Case And The Doctrine Of Disparagement: How Politically Correct Must A Trademark Be?, Kimberly A. Pace
The Washington Redskins Case And The Doctrine Of Disparagement: How Politically Correct Must A Trademark Be?, Kimberly A. Pace
Pepperdine Law Review
No abstract provided.
Much Ado About Something -- An Empirical Analysis Of Trademarks As Keywords, David Franklyn, David Hyman
Much Ado About Something -- An Empirical Analysis Of Trademarks As Keywords, David Franklyn, David Hyman
David J. Franklyn
Disgruntled trademark owners have filed more than one hundred lawsuits in the United States and Europe, claiming that their trademarks should not be sold by search engines for use as keywords. Despite the volume of litigation, there has been little independent empirical work on consumer goals and expectations when they use trademarks as search terms; on whether consumers are actually confused by search results; and on which entities are buying trademarks as keywords. Instead, judges have relied heavily on their own intuitions, based on little more than armchair empiricism, to resolve such matters.
We report on the results of a …
Trademarks And Geographical Indications: Conflict Or Coexistence?, Melissa A. Loucks
Trademarks And Geographical Indications: Conflict Or Coexistence?, Melissa A. Loucks
Electronic Thesis and Dissertation Repository
Both trademarks and geographical indications are legal devices which regulate communication to markets about a product. Trademarks indicate the commercial origin of a good or service while geographical indications signal the geographic origin. Both tools also legally grant exclusive rights to certain uses of a word or symbol. Tension arises when the tools overlap on the same subject matter. The thesis asks: is coexistence between the devices in the TRIPS Agreement possible? Are the concepts of trademarks and geographical indications related? If so, how? If not, how? Does the marketing literature of business recognize both registered trademarks and geographical indications …
Much Ado About Something -- An Empirical Analysis Of Trademarks As Keywords, David J. Franklyn, David Hyman
Much Ado About Something -- An Empirical Analysis Of Trademarks As Keywords, David J. Franklyn, David Hyman
David J. Franklyn
Disgruntled trademark owners have filed hundreds of lawsuits in the United States and Europe claiming that search engines should not be permitted to sell their trademarks to competitors for use as keywords. Despite the volume of litigation, there has been almost no independent empirical work on the goals and expectations of consumers when they use trademarks as keyword search terms. There has also been little or no work on whether consumers are actually confused by competitor-purchased ads. And there has been no reported investigation identifying the types of entities that purchase trademarks as keywords. In this paper, we report on …
Valuation & Assessment Of Intangible Assets, And How The America Invents Act Will Affect Patent Valuations, Andrew J. Maas
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) …
Remedying Past And Future Harm: Reconciling Conflicting Circuit Court Decisions Under The Federal Trademark Dilution Act, Daniel H. Lee
Remedying Past And Future Harm: Reconciling Conflicting Circuit Court Decisions Under The Federal Trademark Dilution Act, Daniel H. Lee
Pepperdine Law Review
No abstract provided.
International Dispute Settlement At The Trademark-Domain Name Interface, Laurence R. Helfer
International Dispute Settlement At The Trademark-Domain Name Interface, Laurence R. Helfer
Pepperdine Law Review
No abstract provided.
Intellectual Property, Traditional Knowledge, And Biodiversity In The Global Economy: The Potential Of Geographical Indications For Protecting Traditional Knowledge-Based Agricultural Products, Teshager W. Dagne
PhD Dissertations
The relationship between international regimes regulating intellectual property, traditional knowledge and biodiversity has received much attention in recent times. Of the many complex and controversial issues in contemporary international legal discourse on this matter, the protection of traditional knowledge (TK) stands out as a significant challenge. Choices abound in the search for modalities to regulate rights to use and control TK systems and their underlying biodiversity. In recent times, the protection of geographical indications (GIs) has emerged as an option for protecting TK. Despite the considerable enthusiasm over it, there is appreciable research dearth on how far and in what …
Comparative Advertising In Argentine Law, Pablo Palazzi
Comparative Advertising In Argentine Law, Pablo Palazzi
Fordham Intellectual Property, Media and Entertainment Law Journal
The author analyzes the evolution of comparative advertising in Argentina under the laws of trademark and unfair competition.
Accentuate The Normative: A Response To Professor Mckenna, Jeremy N. Sheff
Accentuate The Normative: A Response To Professor Mckenna, Jeremy N. Sheff
Faculty Publications
In his article, “A Consumer Decision-Making Theory of Trade-mark Law,” 98 Va. L. Rev. 67 (2012), Professor Mark McKenna makes two significant claims. The first is that the dominant Law and Economics theory of trademark law—the search-costs theory of the Chicago School—is in some way connected to recent undesirable expansions of trademark rights. The second is that a preferable theory of trademark law—one that would result in more tightly circumscribed and socially beneficial notions of trademark rights—would take consumer decision making, rather than search costs, as its guiding principle. I find myself sympathetic to these arguments, and yet I believe …
Fear And Loathing In Trademark Enforcement, Jeremy N. Sheff
Fear And Loathing In Trademark Enforcement, Jeremy N. Sheff
Faculty Publications
Much academic commentary these days concludes that trademark enforcement has become overly aggressive. Commentators argue that the increasingly expansive claims of rights by well-funded trademark owners are unreasonable, and thus that lawsuits asserting those rights amount to trademark bullying. But I think many, if not most, trademark practitioners would take the contrary view that enforcement can only barely keep up with the constantly evolving and worsening threats to their clients' brands, particularly internationally and online. The purpose of this Essay is to try and bridge these two positions by critiquing each one from the perspective of the other. The first …
Veblen Brands, Jeremy N. Sheff
Veblen Brands, Jeremy N. Sheff
Faculty Publications
The subject of this Article is the legal regime that regulates the struggle for control of a luxury brand across various cross-cutting cleavages in American society—global competition over wealth and status. Rights under federal trademark law, whether asserted under statutory provisions relating to simple trademark infringement or the more specialized provisions relating to trademark counterfeiting, are grounded in the doctrine of post-sale confusion.
Post-sale confusion as a doctrine unto itself has received surprisingly little critical attention. What literature does exist either characterizes post-sale confusion as merely one example of broader trends in intellectual property, or else discusses the economic or …
Initial Impressions: Trademark Protection For Abbreviations Of Generic Or Descriptive Terms, Mary Lafrance
Initial Impressions: Trademark Protection For Abbreviations Of Generic Or Descriptive Terms, Mary Lafrance
Scholarly Works
No abstract provided.
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.
Kernochan Center News - Fall 2012, Kernochan Center For Law, Media And The Arts
Kernochan Center News - Fall 2012, Kernochan Center For Law, Media And The Arts
Kernochan Center for Law, Media, and the Arts
No abstract provided.
Kernochan Center News - Spring 2012, Kernochan Center For Law, Media And The Arts
Kernochan Center News - Spring 2012, Kernochan Center For Law, Media And The Arts
Kernochan Center for Law, Media, and the Arts
No abstract provided.
Bearing Down On Trademark Bullies, Irina D. Manta
Bearing Down On Trademark Bullies, Irina D. Manta
Fordham Intellectual Property, Media and Entertainment Law Journal
Trademark bullying has become a persistent problem, with large companies intimidating smaller entities with cease and desist campaigns and achieving anti-competitive results. A number of tactics exist to deal with bullying behavior. One of them is the imposition of judicial sanctions, but the standards in that area are unclear and the defendants often do not have the financial means to engage in litigation at all. Other, extralegal measures such as shaming have shown some success, but also present numerous drawbacks and prove insufficient when used against powerful actors. This symposium contribution proposes a new model that draws on the existing …