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Full-Text Articles in Law
Speaking Of Moral Rights: A Conversation Between Eva E. Subotnik And Jane C. Ginsburg, Eva E. Subotnik, Jane C. Ginsburg
Speaking Of Moral Rights: A Conversation Between Eva E. Subotnik And Jane C. Ginsburg, Eva E. Subotnik, Jane C. Ginsburg
Faculty Publications
This piece is the transcription of a conversation between two law faculty members speaking about moral rights in the digital age. Prof. Subotnik questions Prof. Ginsburg about some of the legal and technological developments that have occurred since Prof. Ginsburg’s 2001 essay, Have Moral Rights Come of (Digital) Age in the United States?. "If moral rights have come of digital age, should their realization be achieved by conveying more information about the copy, or by controlling the copy itself?" This question is now asked from the vantage point of 2012, ten years since Prof. Ginsburg first posed it.
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 …