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Articles 1 - 10 of 10
Full-Text Articles in Consumer Protection Law
Intellectual Property For Breakfast: Market Power And Informative Symbols In The Marketplace, P. Sean Morris
Intellectual Property For Breakfast: Market Power And Informative Symbols In The Marketplace, P. Sean Morris
Cleveland State Law Review
This Article continues to examine an important question: are trademarks a source of market power, or, put differently, when are trademarks an antitrust problem? This fundamental question is a cause of division among antitrust and intellectual property law scholars. However, by raising the question and presenting some scenarios that can provide answers, my hope is that contemporary antitrust and intellectual property scholars can explore some of its implications. As part of my own quest to address this question, I explore the proposition that creative deception and the wealth-generating capacity of trademarks are unorthodox elements that actually contribute to allegations of …
Combatting The Opioid Epidemic In Texas By Holding Big Pharma Manufacturers Liable, Katherine Spiser
Combatting The Opioid Epidemic In Texas By Holding Big Pharma Manufacturers Liable, Katherine Spiser
St. Mary's Law Journal
Abstract forthcoming
Net Neutrality And The European Union’S Copyright Directive For The Digital Single Market, Nathan Guzé
Net Neutrality And The European Union’S Copyright Directive For The Digital Single Market, Nathan Guzé
Loyola of Los Angeles International and Comparative Law Review
The European Union’s Copyright Directive for the Digital Single Market should cause concern for net neutrality advocates. This article casts a critical gaze at Article 17 (previously Article 13) of this new Directive. It chronicles the Directive’s life: starting as a reaction to the perceived inadequate copyright protections provided by the previous Information Society Copyright Directive through to its then-present status circa May 2019. Next, net neutrality is defined, and its benefits and detriments are weighed to ultimately determine the policy is desirable. Article 17’s call for eliminating safe-harbor provisions for content hosts and its call for content filters signal …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Something To Wine About: What Proposed Revisions To Wine Labeling Requirements Mean For Growers, Producers, And Consumers, Deborah Soh
Brooklyn Journal of Corporate, Financial & Commercial Law
Title 27 of the Code of Federal Regulations governs the standards for the information that is printed on wine bottle labels, including the appellation of origin. Currently, however, wines are exempt from these regulations if they will not be introduced in interstate commerce. There is a proposed amendment to the Code that would bring all wines, regardless of whether they are sold interstate or solely intrastate, under the federal standards for wine labeling. Between the current system, which permits exempt wines to sidestep the regulations, and the proposal, which would exact strict standards of compliance uniformly, lies a middle-ground approach …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Amazon’S Invincibility: The Effect Of Defective Third-Party Vendors’ Products On Amazon, Amy E. Shehan
Amazon’S Invincibility: The Effect Of Defective Third-Party Vendors’ Products On Amazon, Amy E. Shehan
Georgia Law Review
No abstract provided.
Fixing Ever-Ready: Repairing And Standardizing The Traditional Survey Measure Of Consumer Confusion, Eric D. Derosia
Fixing Ever-Ready: Repairing And Standardizing The Traditional Survey Measure Of Consumer Confusion, Eric D. Derosia
Georgia Law Review
In trademark infringement litigation, courts often rely
on consumer surveys that use the “Ever-Ready” method
to measure consumer confusion. Courts are
understandably careful to scrutinize consumer surveys
for ways in which their methodology might have biased
their results toward the outcome desired by their
proponents. This Article strengthens and improves such
examinations by empirically testing and improving the
Ever-Ready method itself.
The findings of four new empirical studies reported in
this Article indicate the faith placed by the courts in the
Ever-Ready method is somewhat misplaced. Seemingly
subtle variations in the wording of the Ever-Ready
questions have a consistent and …
Influencing The Ftc To Update Disclosure Rules For The Social Media Era, Elizabeth A. Casale
Influencing The Ftc To Update Disclosure Rules For The Social Media Era, Elizabeth A. Casale
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
The Opioid Crisis: The States' And Local Governments' Response To Bigpharma's Deception And Why The Supremacy Clause May Provide A Cloak For Opioid Manufacturers To Hide Behind, Tracie Childers
Barry Law Review
No abstract provided.