Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (2)
- Law and Society (2)
- Advertising and Promotion Management (1)
- Business (1)
- Computer Law (1)
-
- Criminal Law (1)
- Energy and Utilities Law (1)
- Entertainment, Arts, and Sports Law (1)
- Evidence (1)
- Gaming Law (1)
- Health Law and Policy (1)
- Indigenous, Indian, and Aboriginal Law (1)
- Internet Law (1)
- Legal History (1)
- Marketing (1)
- Marketing Law (1)
- Medical Jurisprudence (1)
- Sales and Merchandising (1)
- State and Local Government Law (1)
- Publication
Articles 1 - 3 of 3
Full-Text Articles in Intellectual Property Law
Images In/Of Law, Jessica M. Silbey
Images In/Of Law, Jessica M. Silbey
Jessica Silbey
The proliferation of images in and of law lends itself to surprisingly complex problems of epistemology and power. Understanding through images is innate; most of us easily understand images without thinking. But arriving at mutually agreeable understandings of images is also difficult. Translating images into shared words leads to multiple problems inherent in translation and that pose problems for justice. Despite our saturated imagistic culture, we have not established methods to pursue that translation process with confidence. This article explains how images are intuitively understood and yet collectively inscrutable, posing unique problems for resolving legal conflicts that demand common and …
A Submission To The Senate Legal And Constitutional Committee On The Trade Marks Amendment (Tobacco Plain Packaging) Bill 2011 (Cth), Matthew Rimmer
A Submission To The Senate Legal And Constitutional Committee On The Trade Marks Amendment (Tobacco Plain Packaging) Bill 2011 (Cth), Matthew Rimmer
Matthew Rimmer
As an intellectual property expert, I am of the view that the much threatened litigation by the Tobacco Industry against the proposed plain packaging for tobacco products is somewhat vexatious.Both the Tobacco Plain Packaging Bill 2011 (Cth) and the Trade Marks Amendment (Tobacco Plain Packaging) Bill 2011 (Cth) are clearly within the Commonwealth's legislative power and capacity; and represent an effective means of implementing some of Australia's obligations under the WHO Framework Convention on Tobacco Control.At the outset, it is worth recalling that internal documents from British American Tobacco emphasized that 'current conventions & treaties afford little protection' for tobacco …
Patriotism For Profit And Persuasion: The Trademark, Free Speech, And Governance Problems With Protection Of Governmental Marks In The United States, Malla Pollack
Malla Pollack
“Governmental marks” are words or phrases which involve the identity of a social group that is partly defined in terms of its citizenship in a government-institution. The power to name a social group (especially one from which exit is difficult) confers enormous power over the group’s members. Legally classifying such words as trademarks commodifies them, increasing the namer’s power: both by giving the word monetary value and by providing the mark-holder with the legal right to prevent others from manipulating the word’s meaning.
Destination marketing employing governmental marks has become ubiquitous. The municipal governments of both New York City and …