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Full-Text Articles in Law
The Split On The Rogers V. Grimaldi Gridiron: An Analysis Of Unauthorized Trademark Use In Artistic Mediums, Anthony Zangrillo
The Split On The Rogers V. Grimaldi Gridiron: An Analysis Of Unauthorized Trademark Use In Artistic Mediums, Anthony Zangrillo
Fordham Intellectual Property, Media and Entertainment Law Journal
Movies, television programs, and video games often exploit trademarks within their content. In particular, various media often attempt to use the logos of professional sports teams within artistic works. Courts have utilized different methods to balance the constitutional protections of the First Amendment with the property interests granted to the owner of a trademark. This Note discusses these methods, which include the alternative avenues approach, the likelihood of confusion test, and the right of publicity analysis. Ultimately, many courts utilize the framework presented in the seminal Rogers v. Grimaldi decision. This test analyzes the artistic relevance of the trademark’s use …
Trademark Trial And Appeal Board, Meet The Constitution, David S. Welkowitz
Trademark Trial And Appeal Board, Meet The Constitution, David S. Welkowitz
Fordham Intellectual Property, Media and Entertainment Law Journal
For many years, the Trademark Trial and Appeal Board has re-fused to address constitutional claims raised in the course of registration or cancellation proceedings. A recent example involves the Washington Redskins trademark, which is the subject of a cancellation proceeding now before a U.S. Court of Appeals. The Board’s refusal to address constitutional issues rests on the assumption that the Board lacks the authority to make constitutional decisions. That may seem odd, given the fact that the Board is an arm of the federal government, and its members are bound to uphold the Constitution. This Article examines the basis of …
A Constitutional Idea-Expression Doctrine: Qualifying Congress’ Commerce Power When Protecting Intellectual Property Rights., Yavar Bathaee
A Constitutional Idea-Expression Doctrine: Qualifying Congress’ Commerce Power When Protecting Intellectual Property Rights., Yavar Bathaee
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Human Rights And Copyright: The Introduction Of Natural Law Considerations Into American Copyright Law , Orit Fischman Afori
Human Rights And Copyright: The Introduction Of Natural Law Considerations Into American Copyright Law , Orit Fischman Afori
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Roundtable Panel I: Database Protection, Robert Eisenbach, Lisa Ferri, Robert Gibbons, Charles Sims
Roundtable Panel I: Database Protection, Robert Eisenbach, Lisa Ferri, Robert Gibbons, Charles Sims
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Agricultural Disparagement Statutes: Tainted Beef, Tainted Speech, And Tainted Law, Margot S. Fell
Agricultural Disparagement Statutes: Tainted Beef, Tainted Speech, And Tainted Law, Margot S. Fell
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Panel Iii: Cable Versus The Telephone Companies: Can Telephone Companies Be Constitutionally Barred From Delivering Video Programming? , David E. Bronston, James J. Gilligan, Mark C. Hansen, Joseph A. Post
Panel Iii: Cable Versus The Telephone Companies: Can Telephone Companies Be Constitutionally Barred From Delivering Video Programming? , David E. Bronston, James J. Gilligan, Mark C. Hansen, Joseph A. Post
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Constitutionality Of Current Crime Victimization Statutes: A Survey , Debra A. Shields
The Constitutionality Of Current Crime Victimization Statutes: A Survey , Debra A. Shields
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Panel Ii: Cable Versus Broadcast Tv: The “Must Carry” Provisions Of The Cable Television Consumer And Competition Act Of 1992, Marc Apfelbaum, Gregory Buscarino, Steven J. Hyman, Robert D. Joffe
Panel Ii: Cable Versus Broadcast Tv: The “Must Carry” Provisions Of The Cable Television Consumer And Competition Act Of 1992, Marc Apfelbaum, Gregory Buscarino, Steven J. Hyman, Robert D. Joffe
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Panel Iv: Censorship Of Cable Television’S Leased And Public Access Channels, Majorie Heins, James N. Horwood, Robert T. Perry, Michael Sitcov
Panel Iv: Censorship Of Cable Television’S Leased And Public Access Channels, Majorie Heins, James N. Horwood, Robert T. Perry, Michael Sitcov
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Restricting The Right Of Correspondence In The Prison Context: Thornburgh V. Abbott And Its Progeny, Samuel J. Levine
Restricting The Right Of Correspondence In The Prison Context: Thornburgh V. Abbott And Its Progeny, Samuel J. Levine
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Ward V. Rock Against Racism: How Time, Place And Manner Further Restrict The Public Forum, Michael B. Manley
Ward V. Rock Against Racism: How Time, Place And Manner Further Restrict The Public Forum, Michael B. Manley
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Federal Arts Funding At What Cost? The Impact Of Funding Guidelines On The First Amendment And The Future Of Art In America, Anne L. Body
Federal Arts Funding At What Cost? The Impact Of Funding Guidelines On The First Amendment And The Future Of Art In America, Anne L. Body
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Federal Preemption Of The Right Of Publicity In Sing-Alike Cases, Leonard A. Wohl
Federal Preemption Of The Right Of Publicity In Sing-Alike Cases, Leonard A. Wohl
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.