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Constitutional Law

2010

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Selected Works

SelectedWorks

Intellectual Property Law

Articles 1 - 2 of 2

Full-Text Articles in Law

Patriotism For Profit And Persuasion: The Trademark, Free Speech, And Governance Problems With Protection Of Governmental Marks In The United States, Malla Pollack Oct 2010

Patriotism For Profit And Persuasion: The Trademark, Free Speech, And Governance Problems With Protection Of Governmental Marks In The United States, Malla Pollack

Malla Pollack

“Governmental marks” are words or phrases which involve the identity of a social group that is partly defined in terms of its citizenship in a government-institution. The power to name a social group (especially one from which exit is difficult) confers enormous power over the group’s members. Legally classifying such words as trademarks commodifies them, increasing the namer’s power: both by giving the word monetary value and by providing the mark-holder with the legal right to prevent others from manipulating the word’s meaning.

Destination marketing employing governmental marks has become ubiquitous. The municipal governments of both New ...


The Name Game: Cybersquatting And Trademark Infringement On Social Media Websites, Tom Curtin Jan 2010

The Name Game: Cybersquatting And Trademark Infringement On Social Media Websites, Tom Curtin

Tom Curtin

This Note explores the potential hazards and effects of the username feature on the proprietary interests of trademark owners, and argues that social media sites need to implement code based solutions to adequately address trademark infringement on their websites. Cited in Callmann's Unfair Competition, Trademarks, & Monopolies (2011).