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Intellectual Property Law Commons

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Articles 1 - 4 of 4

Full-Text Articles in Intellectual Property Law

Dastar V. Twentieth Century Fox--One Can't Get Back By Trademark What One Gave Up Under Copyright, Sue Mota Sep 2017

Dastar V. Twentieth Century Fox--One Can't Get Back By Trademark What One Gave Up Under Copyright, Sue Mota

Oklahoma Journal of Law and Technology

No abstract provided.


Moral Judgments In Trademark Law, Ned Snow Jan 2017

Moral Judgments In Trademark Law, Ned Snow

American University Law Review

Under the federal Lanham Act, eligibility for trademark protection depends on whether a mark is sufficiently moral. The Federal Circuit has recently held this provision of the Act to be unconstitutional based on its interpretation of speech doctrine. The context of trademark law, however, refutes this interpretation. Indeed, speech doctrine appears to support this morality requirement. Nevertheless, there seems to be another reason that the Federal Circuit held the morality requirement unconstitutional: the judicial discomfort with morality serving as a basis for law. This Essay concludes that this judicial discomfort is unjustified in this instance. From both a constitutional and …


2016 Trademark Law Decisions Of The Federal Circuit, Anita B. Polott, Rachel E. Fertig Jan 2017

2016 Trademark Law Decisions Of The Federal Circuit, Anita B. Polott, Rachel E. Fertig

American University Law Review

No abstract provided.


Counterfeiting, Couture, And The Decline Of Consumer Trust In Online Marketplace Platforms, Joseph M. Forgione Jan 2017

Counterfeiting, Couture, And The Decline Of Consumer Trust In Online Marketplace Platforms, Joseph M. Forgione

NYLS Law Review

No abstract provided.