Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Intellectual Property Law (37)
- Entertainment, Arts, and Sports Law (6)
- Internet Law (6)
- Computer Law (5)
- Social and Behavioral Sciences (4)
-
- Evidence (3)
- Law and Society (3)
- Marketing Law (3)
- Public Affairs, Public Policy and Public Administration (3)
- Business (2)
- Climate (2)
- Constitutional Law (2)
- Consumer Protection Law (2)
- Earth Sciences (2)
- Election Law (2)
- Environmental Health and Protection (2)
- Environmental Policy (2)
- Environmental Sciences (2)
- First Amendment (2)
- Hydrology (2)
- Law and Economics (2)
- Litigation (2)
- Natural Resources Management and Policy (2)
- Natural Resources and Conservation (2)
- Oceanography and Atmospheric Sciences and Meteorology (2)
- Physical Sciences and Mathematics (2)
- Public Policy (2)
- Securities Law (2)
- Water Law (2)
- Institution
-
- SelectedWorks (8)
- Fordham Law School (5)
- Santa Clara Law (5)
- University of Georgia School of Law (5)
- Selected Works (4)
-
- University of Nevada, Las Vegas -- William S. Boyd School of Law (4)
- University of Michigan Law School (3)
- George Washington University Law School (2)
- Maurer School of Law: Indiana University (2)
- Northwestern Pritzker School of Law (2)
- St. John's University School of Law (2)
- University at Buffalo School of Law (2)
- University of Colorado Law School (2)
- University of Pennsylvania Carey Law School (2)
- American University Washington College of Law (1)
- BLR (1)
- Loyola Marymount University and Loyola Law School (1)
- Marquette University Law School (1)
- Maurice A. Deane School of Law at Hofstra University (1)
- Mitchell Hamline School of Law (1)
- Saint Louis University School of Law (1)
- Seattle University School of Law (1)
- University of New Hampshire (1)
- University of Richmond (1)
- University of Washington School of Law (1)
- Publication Year
- Publication
-
- Fordham Intellectual Property, Media and Entertainment Law Journal (5)
- Journal of Intellectual Property Law (5)
- Rosetta Stone v. Google (Joint Appendix) (5)
- All Faculty Scholarship (3)
- Scholarly Works (3)
-
- Articles by Maurer Faculty (2)
- Faculty Publications (2)
- GW Law Faculty Publications & Other Works (2)
- Journal Articles (2)
- Kenneth L. Port (2)
- Michigan Law Review (2)
- Northwestern Journal of Technology and Intellectual Property (2)
- Alexander Dworkowitz (1)
- Ann Bartow (1)
- Articles (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Charles E. Colman (1)
- Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10) (1)
- Deborah R Gerhardt (1)
- Don E Reeve Jr. (1)
- ExpressO (1)
- Faculty Scholarship (1)
- Hofstra Law Review (1)
- Law Faculty Scholarship (1)
- Loyola of Los Angeles Entertainment Law Review (1)
- Malla Pollack (1)
- Mark Bartholomew (1)
- Marquette Intellectual Property Law Review (1)
- Nevada Law Journal (1)
- Other Publications (1)
- Publication Type
- File Type
Articles 1 - 30 of 59
Full-Text Articles in Law
To Participate And Elect: Section 2 Of The Voting Rights Act At 40, Ellen D. Katz, Brian Remlinger, Andrew Dziedzic, Brooke Simone, Jordan Schuler
To Participate And Elect: Section 2 Of The Voting Rights Act At 40, Ellen D. Katz, Brian Remlinger, Andrew Dziedzic, Brooke Simone, Jordan Schuler
Other Publications
This paper provides an overview of cases decided under Section 2 of the Voting Rights Act between September 1, 1982 and December 31, 2021. It updates our 2006 study documenting Section 2 litigation through 2005. Of note is the substantial decline in the number of Section 2 cases decided and diminished success for the plaintiffs who bring them. While recent litigation (including Brnovich and Merrill v. Milligan) suggests that Section 2 is likely to occupy, at best, a diminished role in future electoral disputes, this paper shows that Section 2’s reach had already declined significantly prior to recent disputes. …
Trademark's 'Ship Of Theseus' Problem, Matthew T. Bodie
Trademark's 'Ship Of Theseus' Problem, Matthew T. Bodie
All Faculty Scholarship
The story of the ship of Theseus has long presented a puzzle over the nature of identity. Preserving the boat over time, the ancient Greeks would remove its wooden planks as they rotted and replace them with new planks. The question arose: was this still the same ship?
The problem hits at an issue that is critical to trademark law but has largely been overlooked: namely, what is the identity of the entity that holds the mark? And how do we determine whether that has changed over time? The law provides straightforward answers: it assigns the mark to the business …
An Empirical Examination Of Consumer Survey Use In Trademark Litigation, Katie Brown Ph.D, Natasha T. Brison, Paul Batista
An Empirical Examination Of Consumer Survey Use In Trademark Litigation, Katie Brown Ph.D, Natasha T. Brison, Paul Batista
Loyola of Los Angeles Entertainment Law Review
This Article is a comprehensive examination of the use of consumer surveys in trademark litigation cases at the federal level. Previous research has shown consumer surveys can be critical to the outcome of trademark litigation, as they measure the idiosyncratic mental associations and reactions of prospective consumers. For this Article, this study examined 843 trademark infringement and dilution cases spanning 2007 to 2017. The findings reveal consumer surveys are not utilized in trademark litigation as often as research suggests they should be. While consumer surveys are not required in trademark litigation, nor necessarily easy or inexpensive to com- mission, this …
The Trademark Dilution Revision Act's Nullifying Effect On Famous Mark Holder's Dilution Claims, Kathleen Bodenbach
The Trademark Dilution Revision Act's Nullifying Effect On Famous Mark Holder's Dilution Claims, Kathleen Bodenbach
Marquette Intellectual Property Law Review
This comment will address how the TDRA has left famous mark holders, particularly high-end fashion house Louis Vuitton, with little in its arsenal to prevent others from mocking and devaluing its marks despite its worthy efforts. Part II addresses the relationship between trademark infringement, dilution, and parody. Part III takes a closer look at fashion giant Louis Vuitton’s strides to protect its famous marks and the courts’ differing approaches to assessing whether a parody exists. Part III also addresses the relationship between parody when it does and does not operate as a designation of source. Part IV offers a discussion …
The Commodification Of Trademarks: Some Final Thoughts On Trademark Dilution, Kenneth L. Port
The Commodification Of Trademarks: Some Final Thoughts On Trademark Dilution, Kenneth L. Port
Hofstra Law Review
After nearly 20 years of effectiveness, the Federal Trademark Dilution Act (FTDA) remains as controversial as ever. What the 20 years of jurisprudence has taught us is that academics have been right all along. Dilution is either unconstitutional, inappropriate, or simply misguided legislation. This article calls for its repeal. A thorough literature review shows that most academics oppose dilution. A study of all trademark litigation demonstrates that the cause of action of pure dilution never appears in reported cases anymore. The existence of the FTDA gives trademark holders the perverse incentive to claim that all marks are famous as “fame” …
Trademark Morality, Mark Bartholomew
Trademark Morality, Mark Bartholomew
Mark Bartholomew
This Article challenges the modern rationale for trademark rights. According to both judges and legal scholars, what matters in adjudicating trademark cases are the economic consequences, particularly for consumers, of a defendant’s use of a mark, not the use’s morality. Nevertheless, under this utilitarian facade, there are also at work judicial assessments of highly charged questions of right and wrong. Recent findings in the field of moral psychology demonstrate the influence of particular moral triggers in all areas of human decisionmaking, often operating without conscious awareness. These triggers influence judges deciding trademark disputes. A desire to punish bad actors, particularly …
Slides: The Construction Of Water Scarcity And Its Management: Some Insights From South Africa's Vaal System 'Problemshed', Mike Muller
Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)
Presenter: Mike Muller, School of Governance, University of Witwatersrand, Johannesburg, South Africa
31 slides
The Federal Trademark Dilution Act And Its Effect On Parody: No Laughing Matter, Natalie A. Dopson
The Federal Trademark Dilution Act And Its Effect On Parody: No Laughing Matter, Natalie A. Dopson
Journal of Intellectual Property Law
No abstract provided.
Sunbeam Products, Inc V. The West Bend Co.: Exposing The Malign Application Of The Federal Dilution Statute To Product Configurations, Paul Heald
Journal of Intellectual Property Law
No abstract provided.
Trademarks Ride Into The Wild West Of The Internet: A Landmark Ruling Of Cyber Infringement In The Comp Examiner Agency, Inc. V. Juris, Inc., Kimberley J. Hale
Trademarks Ride Into The Wild West Of The Internet: A Landmark Ruling Of Cyber Infringement In The Comp Examiner Agency, Inc. V. Juris, Inc., Kimberley J. Hale
Journal of Intellectual Property Law
No abstract provided.
Dilution, An Idea Whose Time Has Gone; Brand Equity As Protectable Property, The New/Old Paradigm, Jerre B. Swann, Theodore H. Davis Jr.
Dilution, An Idea Whose Time Has Gone; Brand Equity As Protectable Property, The New/Old Paradigm, Jerre B. Swann, Theodore H. Davis Jr.
Journal of Intellectual Property Law
No abstract provided.
"Leave Little Guys Alone!": Protecting Small Businesses From Overly Litigious Corporations And Trademark Infringement Suits, Sara Marie Andrzejewski
"Leave Little Guys Alone!": Protecting Small Businesses From Overly Litigious Corporations And Trademark Infringement Suits, Sara Marie Andrzejewski
Journal of Intellectual Property Law
No abstract provided.
Trademark Law And The Prickly Ambivalence Of Post-Parodies, Charles E. Colman
Trademark Law And The Prickly Ambivalence Of Post-Parodies, Charles E. Colman
Charles E. Colman
This Essay examines what I call "post-parodies" in apparel. This emerging genre of do-it-yourself fashion is characterized by the appropriation and modification of third-party trademarks — not for the sake of dismissively mocking or zealously glorifying luxury fashion, but rather to engage in more complex forms of expression. I examine the cultural circumstances and psychological factors giving rise to post-parodic fashion, and conclude that the sensibility causing its proliferation is one grounded in ambivalence. Unfortunately, current doctrine governing trademark parodies cannot begin to make sense of post-parodic goods; among other shortcomings, that doctrine suffers from crude analytical tools and a …
Quiet On Set! We Have A Trademark To Sell, Brittany Robbins
Quiet On Set! We Have A Trademark To Sell, Brittany Robbins
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Dilution At The Patent And Trademark Office, Jeremy N. Sheff
Dilution At The Patent And Trademark Office, Jeremy N. Sheff
Faculty Publications
This Article undertakes the first systematic investigation of trademark dilution in registration practice before the US Patent and Trademark Office (PTO). The Article consists of three distinct descriptive empirical analyses. In the first, I present a new hand-coded dataset of all 453 Trademark Trial and Appeal Board (TTAB) dispositions of dilution claims through June 30, 2014, and report that dilution has been necessary to the PTO’s refusal of exactly three registrations in over a decade. In the second part, I apply algorithmic coding of the recently released PTO Casefiles Dataset to demonstrate that concurrent registration of identical marks to different …
Trademark Morality, Mark Bartholomew
Trademark Morality, Mark Bartholomew
Journal Articles
This Article challenges the modern rationale for trademark rights. According to both judges and legal scholars, what matters in adjudicating trademark cases are the economic consequences, particularly for consumers, of a defendant’s use of a mark, not the use’s morality. Nevertheless, under this utilitarian facade, there are also at work judicial assessments of highly charged questions of right and wrong. Recent findings in the field of moral psychology demonstrate the influence of particular moral triggers in all areas of human decisionmaking, often operating without conscious awareness. These triggers influence judges deciding trademark disputes. A desire to punish bad actors, particularly …
Trademark Law Harmonization In The European Union: Twenty Years Back And Forth, William Robinson, Giles Pratt, Ruth Kelly
Trademark Law Harmonization In The European Union: Twenty Years Back And Forth, William Robinson, Giles Pratt, Ruth Kelly
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Minority Vote Dilution In The Age Of Obama, Dale Ho
Minority Vote Dilution In The Age Of Obama, Dale Ho
University of Richmond Law Review
No abstract provided.
Do Vcs Use Inside Rounds To Dilute Founders? Some Evidence From Silicon Valley, Brian Broughman, Jesse Fried
Do Vcs Use Inside Rounds To Dilute Founders? Some Evidence From Silicon Valley, Brian Broughman, Jesse Fried
Articles by Maurer Faculty
In the bank-borrower setting, a firm's existing lender may exploit its positional advantage to extract rents from the firm in subsequent financings. Analogously, a startup's existing venture capital investors (VCs) may dilute the founder through a follow-on financing from these same VCs (an “inside” round) at an artificially low valuation. Using a hand-collected dataset of Silicon Valley startup firms, we find little evidence that VCs use inside rounds to dilute founders. Instead, our findings suggest that inside rounds are generally used as “backstop financing” for startups that cannot attract new money, and these rounds are conducted at relatively high valuations …
Sex Exceptionalism In Intellectual Property, Jennifer E. Rothman
Sex Exceptionalism In Intellectual Property, Jennifer E. Rothman
All Faculty Scholarship
The state regulates sexual activity through a combination of criminal and civil sanctions and the award of benefits, such as marriage and First Amendment protections, for acts and speech that conform with the state’s vision of acceptable sex. Although the penalties for non-compliance with the state’s vision of appropriate sex are less severe in intellectual property law than those, for example, in criminal or family law, IP law also signals the state’s views of sex. In this Article written for the Stanford symposium on the Adult Entertainment industry, I extend my consideration of the law’s treatment of sex after Lawrence …
The Myth And Reality Of Dilution, Sandra L. Rierson
The Myth And Reality Of Dilution, Sandra L. Rierson
Sandra L Rierson
Statutory dilution claims are traditionally justified on the theory that even non-confusing uses of a famous trademark (or similar mark) can nonetheless minutely dilute the source-identifying power of the targeted trademark. The assumption of both the original federal dilution statute enacted in 1995 as well as its substantial enlargement in 2006 is that the source-identifying capacity of a trademark is akin to a glass of water: spill a drop here, spill a drop there and eventually your glass is empty. This Article advances three claims. First, statutory dilution erroneously assumes that the source-identifying function of a trademark is a rivalrous …
Ending Dilution Doublespeak: Reviving The Concept Of Economic Harm In The Dilution Action, Alexander Dworkowitz
Ending Dilution Doublespeak: Reviving The Concept Of Economic Harm In The Dilution Action, Alexander Dworkowitz
Alexander Dworkowitz
No abstract provided.
The Myth Of Buick Aspirin: An Empirical Study Of Trademark Dilution By Product And Trade Names, Robert Brauneis, Paul J. Heald
The Myth Of Buick Aspirin: An Empirical Study Of Trademark Dilution By Product And Trade Names, Robert Brauneis, Paul J. Heald
GW Law Faculty Publications & Other Works
Trademark dilution is a highly controversial cause of action that has been the subject of hundreds of law review articles, but no significant scientific work. We analyze 60 years of telephone white pages, corporate & LLC naming data, advertisements from the New York Times, Wall Street Journal, and Washington Post, state and federal trademark databases, and all recorded dilution litigation. Our data suggest strongly that famous trademarks are frequently borrowed for use as trade names in services, but almost never as trade marks on products. Given that Congress based anti-dilution legislation on the assumption that uses like Buick Aspirin were …
Trademark Infringement, Trademark Dilution, And The Decline In Sharing Of Famous Brand Names: An Introduction And Empirical Study, Robert Brauneis, Paul J. Heald
Trademark Infringement, Trademark Dilution, And The Decline In Sharing Of Famous Brand Names: An Introduction And Empirical Study, Robert Brauneis, Paul J. Heald
GW Law Faculty Publications & Other Works
This article provides an introduction to the study of brand-name sharing, and presents results from an empirical study of sharing rates among 131 famous brand names from 1940 through 2010, conducted through an examination of business names in the white pages telephone directories of Chicago, Philadelphia, and Manhattan. Perhaps the most dramatic finding of the study is that independent uses of the 131 brand names – that is, uses of those names by businesses other than those that made the names famous – have declined from 3000 to 1380 between 1960 and 2010, a 54% drop. The article then assesses …
Vol. Xv, Tab 52 - Rosetta Stone's Reply Brief In Support Of Its Motion For Partial Summary Judgment As To Liability, Rosetta Stone
Vol. Xv, Tab 52 - Rosetta Stone's Reply Brief In Support Of Its Motion For Partial Summary Judgment As To Liability, Rosetta Stone
Rosetta Stone v. Google (Joint Appendix)
Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?
Vol. Xix, Tab 56 - Rosetta Stone's Reply Brief In Support Of Its Motion For Partial Summary Judgment As To Liability, Rosetta Stone
Vol. Xix, Tab 56 - Rosetta Stone's Reply Brief In Support Of Its Motion For Partial Summary Judgment As To Liability, Rosetta Stone
Rosetta Stone v. Google (Joint Appendix)
Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?
Vol. Ix, Tab 44 - Rosetta Stone's Opposition To Google's Motion For Summary Judgment, Rosetta Stone
Vol. Ix, Tab 44 - Rosetta Stone's Opposition To Google's Motion For Summary Judgment, Rosetta Stone
Rosetta Stone v. Google (Joint Appendix)
Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?
Vol. Xvii, Tab 54 - Google's Reply Motion In Further Support Of Its Motion For Summary Judgment, Google
Vol. Xvii, Tab 54 - Google's Reply Motion In Further Support Of Its Motion For Summary Judgment, Google
Rosetta Stone v. Google (Joint Appendix)
Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?
New-School Trademark Dilution: Famous Among The Juvenile Consuming Public, Alexandra J. Roberts
New-School Trademark Dilution: Famous Among The Juvenile Consuming Public, Alexandra J. Roberts
Law Faculty Scholarship
The recently enacted Trademark Dilution Revision Act of 2006 recalibrated the degree of fame necessary to garner protection: the TDRA applies only to a mark "widely recognized by the general consuming public of the United States as a designation of source of the goods or services of the mark’s owner." By privileging those major players who succeed in turning their brands into household names, the TDRA strengthens incentives for mark-owners to ensure their logos and brand names are well-recognized not only among adult consumers, but also among children. This Article examines a set of marketing behaviors aimed at children that …
Slides: Water Footprints: Consciousness Raising Meets Risk Management, Steve Malloch
Slides: Water Footprints: Consciousness Raising Meets Risk Management, Steve Malloch
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Steve Malloch, Senior Western Water Program Manager, National Wildlife Federation, Seattle, WA
38 slides