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Full-Text Articles in Comparative and Foreign Law
Wag The Dog: Using Incidental Intellectual Property Rights To Block Parallel Imports, Mary Lafrance
Wag The Dog: Using Incidental Intellectual Property Rights To Block Parallel Imports, Mary Lafrance
Michigan Telecommunications & Technology Law Review
Federal law grants owners of intellectual property rights different degrees of control over parallel imports depending on the nature of their exclusive rights. While trademark owners enjoy strong control over unauthorized imports bearing their marks, their protection is less comprehensive than that granted to owners of copyrights and patents. To broaden their rights, some trademark owners have incorporated copyrighted material into their products or packaging, enabling them to block otherwise lawful imports in contravention of the policies underlying trademark law. A 2013 Supreme Court decision has significantly narrowed the importation ban of copyright law, but there may be pressure to …
Google Adwords: Trademark Infringer Or Trade Liberalizer, Ashley Tan
Google Adwords: Trademark Infringer Or Trade Liberalizer, Ashley Tan
Michigan Telecommunications & Technology Law Review
Google is the world's most preferred search engine, with an audience share of eighty percent of Internet users worldwide. With so many people browsing its search results, Google is a natural advertising vehicle, and it has exploited this quality to become one of the most profitable Internet companies in U.S. history. However, success has not come without controversy, and one of the most significant concerns Google AdWords, which displays keyword-triggered ads and sponsored links alongside non-sponsored search results. AdWords has come under attack in the United States and in the European Union ("EU") for its role in trademark infringement on …