Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Entertainment, Arts, and Sports Law (27)
- Internet Law (10)
- Commercial Law (9)
- Comparative and Foreign Law (9)
- Constitutional Law (8)
-
- Legislation (8)
- Business (6)
- Consumer Protection Law (6)
- Antitrust and Trade Regulation (5)
- First Amendment (5)
- Business Intelligence (4)
- Courts (4)
- Food and Drug Law (4)
- Science and Technology Law (4)
- Advertising and Promotion Management (3)
- Business Administration, Management, and Operations (3)
- Contracts (3)
- International Law (3)
- International Trade Law (3)
- Jurisdiction (3)
- Law and Economics (3)
- Legal Remedies (3)
- Litigation (3)
- Marketing Law (3)
- Administrative Law (2)
- Computer Law (2)
- Dispute Resolution and Arbitration (2)
- Indigenous, Indian, and Aboriginal Law (2)
- Institution
-
- University of Georgia School of Law (33)
- Fordham Law School (25)
- University of Michigan Law School (11)
- Marquette University Law School (10)
- American University Washington College of Law (9)
-
- University of Richmond (9)
- Vanderbilt University Law School (5)
- Maurer School of Law: Indiana University (4)
- Chicago-Kent College of Law (3)
- Mitchell Hamline School of Law (3)
- Pepperdine University (3)
- Touro University Jacob D. Fuchsberg Law Center (3)
- University of Kentucky (3)
- New York Law School (2)
- Seattle University School of Law (2)
- St. John's University School of Law (2)
- The University of Akron (2)
- University of Arkansas at Little Rock William H. Bowen School of Law (2)
- University of Oklahoma College of Law (2)
- William & Mary Law School (2)
- Brooklyn Law School (1)
- Cleveland State University (1)
- Penn State Dickinson Law (1)
- Roger Williams University (1)
- Seton Hall University (1)
- The Catholic University of America, Columbus School of Law (1)
- University of Miami Law School (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of San Diego (1)
- Villanova University Charles Widger School of Law (1)
- Publication Year
- Publication
-
- Journal of Intellectual Property Law (30)
- Fordham Intellectual Property, Media and Entertainment Law Journal (24)
- American University Law Review (6)
- Marquette Intellectual Property Law Review (6)
- Michigan Law Review (6)
-
- Richmond Journal of Law & Technology (5)
- Vanderbilt Journal of Entertainment & Technology Law (4)
- Chicago-Kent Journal of Intellectual Property (3)
- Cybaris® (3)
- Georgia Journal of International & Comparative Law (3)
- Indiana Law Journal (3)
- Kentucky Law Journal (3)
- Marquette Intellectual Property & Innovation Law Review (3)
- Michigan Telecommunications & Technology Law Review (3)
- Richmond Journal of Global Law & Business (3)
- Touro Law Review (3)
- Intellectual Property Brief (2)
- NYLS Law Review (2)
- Seattle University Law Review (2)
- St. John's Law Review (2)
- University of Arkansas at Little Rock Law Review (2)
- William & Mary Law Review (2)
- Akron Intellectual Property Journal (1)
- Akron Law Review (1)
- American University Business Law Review (1)
- Brooklyn Journal of International Law (1)
- Catholic University Law Review (1)
- Cleveland State Law Review (1)
- Dickinson Law Review (2017-Present) (1)
- Fordham Urban Law Journal (1)
Articles 121 - 146 of 146
Full-Text Articles in Intellectual Property Law
Analysis And Suggestions Regarding Nsi Domain Name Trademark Dispute Policy, Carl Oppedahl
Analysis And Suggestions Regarding Nsi Domain Name Trademark Dispute Policy, Carl Oppedahl
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Foreword - Half A Century Of Federal Trademark Protection: The Lanham Act Turns Fifty, H. Peter Nesvold, Lisa M. Pollard
Foreword - Half A Century Of Federal Trademark Protection: The Lanham Act Turns Fifty, H. Peter Nesvold, Lisa M. Pollard
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Lanham Act: A Living Thing, Joseph D. Garon
The Lanham Act: A Living Thing, Joseph D. Garon
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Trademark Office As A Government Corporation , Jeffrey M. Samuels, Linda B. Samuels
The Trademark Office As A Government Corporation , Jeffrey M. Samuels, Linda B. Samuels
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Dilution Doctrine: Towards A Reconciliation With The Lanham Act, Elliot B. Staffin
The Dilution Doctrine: Towards A Reconciliation With The Lanham Act, Elliot B. Staffin
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Trade Dress: Who Should Bear The Burden Of Proving Or Disproving Functionality In A Section 43(A) Infringement Claim?, Danielle Rubano
Trade Dress: Who Should Bear The Burden Of Proving Or Disproving Functionality In A Section 43(A) Infringement Claim?, Danielle Rubano
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
It Had To Be Hue: The Meaning Of Color “Pure And Simple”, Karin S. Schwartz
It Had To Be Hue: The Meaning Of Color “Pure And Simple”, Karin S. Schwartz
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Trademark Protection For Color: Basking In The Warmth Of "Sun Glow", Jennifer D. Silverman
Trademark Protection For Color: Basking In The Warmth Of "Sun Glow", Jennifer D. Silverman
Touro Law Review
No abstract provided.
Unconstitutional Incontestability? The Intersection Of The Intellectual Property And Commerce Clauses Of The Constitution: Beyond A Critique Of Shakespeare Co. V. Silstar Corp, Malla Pollack
Seattle University Law Review
This article makes several assertions: (1) The Intellectual Property Clause of the Constitution, even read with the Commerce Clause, prevents Congress from giving authors or inventors exclusive rights unbounded by premeasured time limitations; (2) Because such limits exist, even incontestable trademarks must be subject to functionality challenges in order to prevent conflict with the Patent Clause; (3) The Intellectual Property Clause requires a similar challenge to prevent conflict with the Copyright Clause; (4) The states are also limited by either direct constitutional mandate or statutory preemption. Based on the first two assertions, this article argues that the Fourth Circuit's decision …
The Problem Of Concurrent Use Of Trademarks: An Old/New Proposal, David S. Welkowitz
The Problem Of Concurrent Use Of Trademarks: An Old/New Proposal, David S. Welkowitz
University of Richmond Law Review
It is an old problem in trademark law. Someone develops a trademark and starts using it on goods or services. Business improves and the company slowly expands into different areas of the country. Sooner or later this first user discovers that someone else in another part of the country is using the same mark on the same goods. Although the second user started using the mark after the first user, the second use was made without knowledge of the first user. The next thing you know, there is a lawsuit. In such a case, who should win?
The Birth, Death, And Renaissance Of The Doctrine Of Secondary Meaning In The Making, Willajeanne F. Mclean
The Birth, Death, And Renaissance Of The Doctrine Of Secondary Meaning In The Making, Willajeanne F. Mclean
American University Law Review
No abstract provided.
"Conditional" Functionality: The New Standard For Evaluating "Aesthetic" Functionality Established By The Second Circuit In Wallace International Silversmiths, Inc. V. Godsinger Silver Art Co., Mark I. Peroff, Nancy J. Deckinger
"Conditional" Functionality: The New Standard For Evaluating "Aesthetic" Functionality Established By The Second Circuit In Wallace International Silversmiths, Inc. V. Godsinger Silver Art Co., Mark I. Peroff, Nancy J. Deckinger
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Trademark Protection Of Advertising Slogans: A Modern Perspective, Evynne Grover
The Trademark Protection Of Advertising Slogans: A Modern Perspective, Evynne Grover
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
State Trademark And Unfair Competition Law By The United States Trademark Association , Jeffrey E. Jacobson
State Trademark And Unfair Competition Law By The United States Trademark Association , Jeffrey E. Jacobson
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Easing Transfer And Security Interest Transactions In Intellectual Property: An Agenda For Reform, Harold R. Weinberg, William J. Woodward Jr.
Easing Transfer And Security Interest Transactions In Intellectual Property: An Agenda For Reform, Harold R. Weinberg, William J. Woodward Jr.
Kentucky Law Journal
No abstract provided.
The Trademark Counterfeiting Act Of 1984: A Sensible Legislative Response To The Ills Of Commercial Counterfeiting, Brian J. Kearney
The Trademark Counterfeiting Act Of 1984: A Sensible Legislative Response To The Ills Of Commercial Counterfeiting, Brian J. Kearney
Fordham Urban Law Journal
This student note explores the recently passed Trademark Counterfeit Act of 1984, viewing it in the context of ever-growing counterfeiting of commercial, agricultural, and aeronautical trademarks. The author examines the history of US trademark regulation, beginning with the Lanham Act of 1946, and then predicts the effects the 1984 Act will have on commercial practice, antitrust law, the sale of goods on the "gray market," and due process implications. The author concludes that though ex parte remedies will be necessary to maintain trademark practices, the 1984 Act does not represent any sort of infringement on due process or commercial practice, …
Parallel Importation--Legitimate Goods Or Trademark Infringement?, W. Weldon Wilson
Parallel Importation--Legitimate Goods Or Trademark Infringement?, W. Weldon Wilson
Vanderbilt Journal of Transnational Law
Conflicts in interpretations of section 42 of the Lanham Act and section 526 of the Tariff Act of 1930 have led to divergent results in several federal courts. Although advocates on each side of the controversy present valid arguments supporting their positions, the dispute should be resolved by analyzing the purpose of the Lanham Act and the Tariff Act. The goal of these acts is protection of consumers and United States industry. Strict application of these statutes would achieve this result. Parallel imports provide goods at lower prices but confuse the consumer as to the origin of the goods and …
Likelihood Of Confusion Under The Lanham Act: A Question Of Fact, A Question Of Law, Or Both?, Janet Shiffler Thomas
Likelihood Of Confusion Under The Lanham Act: A Question Of Fact, A Question Of Law, Or Both?, Janet Shiffler Thomas
Kentucky Law Journal
No abstract provided.
Moral Rights For Artists Under The Lanham Act: Gilliam V. American Broadcasting Cos.
Moral Rights For Artists Under The Lanham Act: Gilliam V. American Broadcasting Cos.
William & Mary Law Review
No abstract provided.
Trademark Law - The First User Of An Abandoned Trademark Acquires The Secondary Meaning Associated With The Abandoned Mark By Virtue Of His First Use, Robert A. Kargen
Trademark Law - The First User Of An Abandoned Trademark Acquires The Secondary Meaning Associated With The Abandoned Mark By Virtue Of His First Use, Robert A. Kargen
Villanova Law Review
No abstract provided.
Trademarks-Successful Plaintiffs In Trademark Infringement Actions Under The Lanham Act May Not Recover Attorney's Fees-Maier Brewing Co. V. Fleischmann Distilling Corp., Michigan Law Review
Trademarks-Successful Plaintiffs In Trademark Infringement Actions Under The Lanham Act May Not Recover Attorney's Fees-Maier Brewing Co. V. Fleischmann Distilling Corp., Michigan Law Review
Michigan Law Review
In an action for trademark infringement under the Lanham Act and for unfair competition, the District Court enjoined the defendant company from further use of the trademark and awarded the plaintiff $60,000 in attorney's fees. On appeal, held, reversed in part. The issuance of the injunction was upheld but the court declared that attorney's fees are not recoverable in trademark infringement cases prosecuted under the Lanham Act since Congress had not expressly provided for such awards.
Tying Arrangement With Trademark As The Tying Item Is Not A Per Se Violation Of The Antitrust Laws-Susser V. Carvel Corp., Michigan Law Review
Tying Arrangement With Trademark As The Tying Item Is Not A Per Se Violation Of The Antitrust Laws-Susser V. Carvel Corp., Michigan Law Review
Michigan Law Review
Several independent franchised soft ice-cream outlets brought suit for treble damages against Carvel Corporation, the franchising company, alleging that the contract between them constituted an illegal tying arrangement in violation of section 3 of the Clayton Act and sections 1 and 2 of the Sherman Act. The contract bound the dealers to purchase from Carvel-appointed suppliers all commodities sold as part of the retail dairy composite. Plaintiffs stipulated that they would rely on per se violations at trial. The district court found that the plaintiffs had failed to show the alleged violations and, in any case, the defendant had proved …
Trademarks-Unfair Competition-Scope Of Federal Jurisdiction Under Section 43(A) Of The Lanham Act, Harry T. Edwards
Trademarks-Unfair Competition-Scope Of Federal Jurisdiction Under Section 43(A) Of The Lanham Act, Harry T. Edwards
Michigan Law Review
Plaintiff, a manufacturer and distributor of engine bearings and connecting rods for internal combustion engines, brought suit in a federal district court to enjoin the defendant from marketing and distributing the latter's products in containers which closely resembled those of the plaintiff, thereby falsely representing that the goods were produced by and originated with the plaintiff. The cause of action was based solely on section 43(a) of the Lanham Act. In dismissing the complaint, the district court ruled that any attempt to characterize the complaint as charging a "false description or representation" was without merit, and that "false designation of …
Trademarks - Extraterritorial Application Of The Lanham Act, William R. Luney S.Ed.
Trademarks - Extraterritorial Application Of The Lanham Act, William R. Luney S.Ed.
Michigan Law Review
Plaintiff, an American corporation, had manufactured and sold women's undergarments in the United States and Canada since 1917, under a U.S. registered trademark, "Vanity Fair." Defendant, a Canadian corporation, had registered the same trademark in Canada in 1915, and for this reason plaintiff's application for a Canadian trademark was denied in 1919. From 1945 to 1953, defendant purchased plaintiff's trademarked goods for resale in Canada. In 1953, defendant began selling goods of Canadian manufacture with its own Vanity Fair trademark, and threatened its competitors in Canada with infringement suits if they continued to sell plaintiff's trademarked goods. In an action …
Constitutional Law - Commerce Clause - Federal Jurisdiction In Trade-Mark Infringement Proceedings Under The Lanham Act, Richard R. Dailey
Constitutional Law - Commerce Clause - Federal Jurisdiction In Trade-Mark Infringement Proceedings Under The Lanham Act, Richard R. Dailey
Michigan Law Review
Plaintiff's trade-mark, "Minute Maid," had been registered under the Lanham Act in 1952 and had been used in interstate commerce in connection with the sale of frozen fruit juice concentrates since that time. Defendant's trade-mark consisted in part of the words "Minute Made." Defendant used its mark wholly within the State of Florida in the processing and sale of frozen meat products. Both plaintiff and defendant were Florida corporations. In a suit for trade-mark infringement, jurisdiction of the federal district court depended. on the provisions of the Lanham Act. The complaint alleged damage to plaintiff's good will established in interstate …
Woe Unto You Trade-Mark Owners, Julius R. Lunsford, Jr.
Woe Unto You Trade-Mark Owners, Julius R. Lunsford, Jr.
Michigan Law Review
THE new Trade-Mark Act,1 widely heralded as giving added protection to trade-mark owners, has in its nearly four years of operation resulted, in several spectacular instances, in narrowing the rights conferred by the registration and use of trade-marks. Text author Rudolph Callmann remarked after the act's first birthday: "Despite all the efforts of the bar, our courts still cling to the familiar anachronisms."2 Where do trade-mark owners stand today? The Supreme Court has to date failed to answer this question, and the federal courts have refused to consider the import of the new legislation. Many commentators, attorneys and scholars thought …