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Full-Text Articles in Consumer Protection Law
Internet Payment Blockades: Sopa And Pipa In Disguise? Or Worse?, Stacey Dogan
Internet Payment Blockades: Sopa And Pipa In Disguise? Or Worse?, Stacey Dogan
Shorter Faculty Works
The law of intermediary liability in intellectual property reflects a constant struggle for balance. On the one hand, rights owners frustrated by the game of whack-a-mole have good reason to look for more efficient ways to stanch the flow of infringement. While this concern is not a new one, the global reach and decentralization of the Internet have exacerbated it. On the flipside, consumers, technology developers, and others fret about the impact of broad liability: it can impede speech, limit competition, and impose a drag on economic sectors with only a peripheral relationship to infringement. As the Supreme Court put …
Trademark Dilution And Corporate Personhood, Stacey Dogan
Trademark Dilution And Corporate Personhood, Stacey Dogan
Shorter Faculty Works
It’s become almost passé to decry our federal trademark dilution laws. The laws – first passed in 1995 and amended in 2006 – protect “famous trademarks” against uses that are likely to dilute their distinctiveness, without regard to any confusion among consumers or competition between the parties. Early critics warned that passage of the anti-dilution statute marked a turning point in trademark law: by giving famous trademark holders rights against even non-confusing uses of their marks, the law created “property”-like rights in trademarks. The initial commentary on the statute focused mainly on the costs associated with this increasingly absolutist approach …