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Articles 91 - 120 of 147
Full-Text Articles in Intellectual Property Law
Trademark Fair Use: Braun® Versus The Bunny, Vanessa P. Rollins
Trademark Fair Use: Braun® Versus The Bunny, Vanessa P. Rollins
Marquette Intellectual Property Law Review
Nominative fair use is a contentious issue in the field of trademark law. Manufacturers of original products who oppose the use of their actual products in advertisements for complementary goods often resort to the Lanham Act to prevent such practices. Courts have found the use of another's product in the advertising of complementary goods falls outside the nominative fair use defense. This article examines the nominative fair use defense and whether nominative fair use should encompass such uses.
Making Much Ado About Theory: The Chinese Trademark Law, Leah Chan Grinvald
Making Much Ado About Theory: The Chinese Trademark Law, Leah Chan Grinvald
Michigan Telecommunications & Technology Law Review
Although the United States has had an active hand in the implementation of trademark law in China over the past century, the same frustrations that marked the turn of the twentieth century are reflected in the twenty-first century. This Article posits that one of the reasons that the United States has not seen the desired level of progress in China's protection of trademarks lies in the imposition of an American theory of trademarks, which has inhibited U.S. reform efforts in China to date. This imposition is understandable, as little thought has been given to the Chinese theoretical justification for their …
Through The Looking Hole Of The Multi-Sensory Trademark Rainbow: Trademark Protection Of Color Per Se Across Jurisdictions: The United States, Spain, And The European Union, Glenda Labadie-Jackson
Through The Looking Hole Of The Multi-Sensory Trademark Rainbow: Trademark Protection Of Color Per Se Across Jurisdictions: The United States, Spain, And The European Union, Glenda Labadie-Jackson
Richmond Journal of Global Law & Business
An oft-asserted prediction states that only trademarks that stimulate all five senses with the objective of attracting the consumer’s attention will acquire a firm and durable presence in today’s complex marketplaces. This, in turn, has provoked the broadening of the repertoire of signs and symbols potentially eligible to serve as trademarks for products or services. Vivid examples of these are the sounds, scents, flavors, colors and three-dimensional forms, which collectively, are grouped under the generic category of “non-traditional trademarks.
Un Arco Iris De Lentes Con Los Que Mirar: La Protección Del Color Único Como Marca En Los Estados Unidos, En España, Y En La Unión Europea, Glenda Labadie-Jackson
Un Arco Iris De Lentes Con Los Que Mirar: La Protección Del Color Único Como Marca En Los Estados Unidos, En España, Y En La Unión Europea, Glenda Labadie-Jackson
Richmond Journal of Global Law & Business
Se vaticina que imicamente tendrdn una s6lida y duradera presencia en los complejos mercados contempordneos las marcas que se sirvan de estimulos multisensoriales con el objetivo de acaparar la atenci6n de los consumidores. En diversos ordenamientos juridicos, este ha sido el motor que ha propulsado la ampliaci6n del repertorio de signos o simbolos potencialmente elegibles para fungir como marcas de productos o servicios. De aqu6l1os, vale destacar los que tipicamente suelen agruparse bajo la riibrica de “no tradicionales”, a saber: los sonidos, los aromas, los sabores, las formas tridimensionales y los colores.
The New Chinese Dynasty: How The United States And International Intellectual Property Laws Are Failing To Protect Consumers And Investors From Counterfeiting, Anna-Liisa Jacobsen
The New Chinese Dynasty: How The United States And International Intellectual Property Laws Are Failing To Protect Consumers And Investors From Counterfeiting, Anna-Liisa Jacobsen
Richmond Journal of Global Law & Business
As businesses expanded with the rise of globalization, so did the effects of anticompetitive activity and, in turn, the reach of the U.S. antitrust laws. Though Congress addressed the extraterritorial jurisdiction of the U.S. antitrust laws with its implementation of the Foreign Trade Antitrust Improvement Act (“FTAIA”), the statute only created a three-way circuit split that led the Supreme Court to address the issue and determine that the foreign injury must arise from both foreign anticompetitive activity and the activity’s adverse effects on domestic commerce. The D.C. Circuit further clarified the issue on remand by requiring a proximate cause relationship …
Consumer Gripe Sites, Intellectual Property Law, And The Use Of Cease-And-Desist Letters To Chill Protected Speech On The Internet. , Rachael Braswell
Consumer Gripe Sites, Intellectual Property Law, And The Use Of Cease-And-Desist Letters To Chill Protected Speech On The Internet. , Rachael Braswell
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Rescuecom Corp. V. Google, Inc., Arielle G. Lenza
Rescuecom Corp. V. Google, Inc., Arielle G. Lenza
NYLS Law Review
No abstract provided.
The Economics Of Cultural Misrepresentation: How Should The Indian Arts And Crafts Act Of 1990 Be Marketed?, Jennie D. Woltz
The Economics Of Cultural Misrepresentation: How Should The Indian Arts And Crafts Act Of 1990 Be Marketed?, Jennie D. Woltz
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
On International Trademark And The Internet: The Lanham Act’S Long Arms, Joshua Clowers
On International Trademark And The Internet: The Lanham Act’S Long Arms, Joshua Clowers
Richmond Journal of Law & Technology
Trademarks tie a face to a product. The face is often a name or symbol, but it can also be something like a sound, a smell or even a “look.” They exist for the benefit of both the trademark owner/producer and the consumer. The purpose of a trademark, traditionally, has been to protect against the confusion of consumers when selecting products or services. Yet, a trademark’s functionality is not limited to preventing confusion. Other uses include both preserving the goodwill of the consumer for the mark owner and preventing the “diversion of trade through commercial misrepresentations.”
D.I.Y. After Dastar: Protecting Creators' Moral Rights Through Creative Lawyering, Individual Contracts And Collectively Bargained Agreements, Rick Mortensen
D.I.Y. After Dastar: Protecting Creators' Moral Rights Through Creative Lawyering, Individual Contracts And Collectively Bargained Agreements, Rick Mortensen
Vanderbilt Journal of Entertainment & Technology Law
Part I examines the scope of Dastar and argues that it is sufficiently narrow to permit some false attribution claims based on section 43(a) of the Lanham Act. As support, Part I examines district court cases after Dastar as well as pre-Dastar attribution cases that are still arguably good law. Part II examines the Second Circuit case of Gilliam v. ABC, Inc., in which the Monty Python comedy troupe successfully enjoined ABC from showing a mutilated copy of its work, as a model for pursuing right of integrity claims. Part II will show that this case is still good law, …
Post No Bills: Can The Nba Prohibit Its Players From Wearing Tattoo Advertisements?, John Vukelj
Post No Bills: Can The Nba Prohibit Its Players From Wearing Tattoo Advertisements?, John Vukelj
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Why The Initially Confused Should Get A Clue: The Battle Between Trademark Infringement And Consumer Choice Online, John Handy
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Post No Bills: Can The Nba Prohibit Its Players From Wearing Tattoo Advertisements?, John Vukelj
Post No Bills: Can The Nba Prohibit Its Players From Wearing Tattoo Advertisements?, John Vukelj
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Crisis Of Indefinite Consequence: How The Derivative Works Exception And The Lanham Act Undercut The Renumerative Value Of Termination Of Transfers, Ashok Chandra
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Stopping The "Savage Indian" Myth: Dealing With The Doctrine Of Laches In Lanham Act Claims Of Disparagement, Steven R. Latterell
Stopping The "Savage Indian" Myth: Dealing With The Doctrine Of Laches In Lanham Act Claims Of Disparagement, Steven R. Latterell
Indiana Law Journal
No abstract provided.
The Naked Licensing Doctrine Exposed: How Courts Interpret The Lanham Act To Require Licensors To Police Their Licensees & Why This Requirement Conflicts With Modern Licensing Realities & The Goals Of Trademark Law , Rudolph J. Kuss
Marquette Intellectual Property Law Review
This Comment discusses the naked licensing doctrine, under which trademark owners may lose their trademark protection through failing to exercise control over their licensees. Even though the Lanham Act holds that abandonment of trademark rights is only appropriate when a trademark has lost its significance, courts have held that a trademark owner may abandon its rights through naked licensing when it breaches its affirmative duty to police its licensees. In other words, these courts find abandonment even when there is no evidence that the quality of the goods and services sold under the trademark has declined. This Comment argues that …
The Supreme Court's Mixed Messages On The Public Domain: Cases Interpreting Section 43 Of The Lanham Act, William Scott Hunt
The Supreme Court's Mixed Messages On The Public Domain: Cases Interpreting Section 43 Of The Lanham Act, William Scott Hunt
Kentucky Law Journal
No abstract provided.
Designer Discounter Infringes Trademark And Goes Unpunished: A Look At Gucci America, Inc. V. Daffy’S, Inc. And The Lanham Act, Sarah Cone
Richmond Journal of Law & Technology
Regardless of the quality, a knockoff handbag is still a knockoff. It was on this premise that Gucci America, Inc. filed suit against Daffy’s, Inc. for selling counterfeit Gucci handbags. Gucci alleged that Daffy’s violated its trademark protection under the Lanham Act. In the lawsuit, Gucci asserted that it was concerned about the possible confusion of consumers who purchased counterfeit “Jackie-O” handbags, believing them to be genuine Gucci products. Neither the district court nor the circuit court allowed Gucci relief against Daffy’s. This note examines how that decision fits within the Lanham Act.
2003 Trademark Law Decisions Of The Federal Circuit, Roberta Horton, Catherine Rowland
2003 Trademark Law Decisions Of The Federal Circuit, Roberta Horton, Catherine Rowland
American University Law Review
No abstract provided.
Intellectual Property Trademark Law—Victor/Victoria?—The United States Supreme Court Requires Trademark Dilution Plaintiffs To Show Actual Harm. Mosely V. Victoria's Secret Catalogue, Inc., 537 U.S. 418 (2003), Stephanie Egner
University of Arkansas at Little Rock Law Review
No abstract provided.
Measuring Fame: The Use Of Empirical Evidence In Dilution Actions , Adam Omar Shanti
Measuring Fame: The Use Of Empirical Evidence In Dilution Actions , Adam Omar Shanti
Marquette Intellectual Property Law Review
Adam Omar Shanti explores the concepts of dilution and famousness under Trademark Law. Dilution is a protection afforded "famous" trademarks by the Lanham Act. In essence, it prevents the usage of marks on dissimilar items that resemble a famous mark to prevent the "gradual whittling away or dispersion of the identity and hold upon the public mind." Dilution can occur by 1) blurring, 2) tarnishment, or 3) alteration. To determine whether a mark is "famous", eight subjective criteria are evaluated, which often produces inconsistencies among the courts. Mr. Shanti argues that an empirically derived test for fame must be created …
Metatags: Seeking To Evade User Detection And The Lanham Act, Terrell W. Mills
Metatags: Seeking To Evade User Detection And The Lanham Act, Terrell W. Mills
Richmond Journal of Law & Technology
You hop on the World Wide Web ready to do some Internet surfing. You decide to check the scores from last night's football game. You head to your favorite search engine and then pause . . . "where will the scores be" you ask yourself. You decide upon ESPN, because you know they have it all when it comes to sports. So, you type in ESPN and click on the "SEARCH" button. You eagerly await the return of the results to head out to the ESPN homepage to find out if your alma mater beat the in-state rival in the …
Trademarks And The Movies: An Af-'Fair Use To Remember, Lauren P. Smith
Trademarks And The Movies: An Af-'Fair Use To Remember, Lauren P. Smith
Cleveland State Law Review
The Federal Trademark Dilution Act poses a serious threat for filmmakers, much more so than found under the original Lanham Act. A filmmaker can be found guilt of dilution without a finding that consumers would likely be confused by the allegedly diluting use. The mere appearance of a mark in a film would not likely violate a trademark holders rights. According dilution's much less stringent standard, non-competing uses of a mark which would "blur" its strength would violate a holder's rights. Courts have used the FTDA in ways as broad as its language allows, and it poses a very serious …
The Development Of Arbitration In The Resolution Of Internet Domain Name Disputes, Christopher S. Lee
The Development Of Arbitration In The Resolution Of Internet Domain Name Disputes, Christopher S. Lee
Richmond Journal of Law & Technology
Web surfers who use the AltaVista Internet search engine may not realize that in 1998, Compaq Computer Corporation paid $3.3 million for the rights to the domain name AltaVista.com. A year later, eCompanies paid $7.5 million for the domain name business.com. And in February of 2000, Bank of America paid $3 million for the domain name loans.com. These transactions demonstrate that the ownership, transfer, and control of Internet domain names is a multi-million dollar industry.
The Extraterritorial Reach Of United States Trademark Law: A Review Of Recent Decisions Under The Lanham Act, Erika M. Brown
The Extraterritorial Reach Of United States Trademark Law: A Review Of Recent Decisions Under The Lanham Act, Erika M. Brown
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
What State Am I In?: Common Law Trademarks On The Internet , Brian L. Berlandi
What State Am I In?: Common Law Trademarks On The Internet , Brian L. Berlandi
Michigan Telecommunications & Technology Law Review
This essay explores the interaction between common law trademarks and the Internet--a relationship that has yet to be scrutinized by the intellectual property and Internet communities. More specifically, it strains to identify a common law mark's territorial zone of protection with respect to the Internet. This is an ambitious endeavor from the start, for there is no case law or published academic material available or directly on-point. As a result, this essay will not be a critique of judicial precedent or academic opinion. Instead, it offers a premonition of future case law and a foreshadowing of legal scenarios that might …
Trademark Harmonization: Norms, Names & Nonsense, Kenneth L. Port
Trademark Harmonization: Norms, Names & Nonsense, Kenneth L. Port
Marquette Intellectual Property Law Review
Professor Port provides a comment on Marshall A. Leaffer's article that offers another viewpoint on the important issue of the globalization process and trademark law. Rather than seeking ideals of international trademark laws through harmonization, Professor Port suggests that a better objective is internationalization. Professor Port explains that harmonization of international trademark law will be impossible as long as world communities adhere to territorial justifications for sovereignty and jurisdiction. Because goods flow in the reality of an international market, Professor Port reasons that initiatives to avoid inefficiencies and uncertainties of global trademark laws should be directed toward internationalization.
Lanham Act And Deceptive Trade Practice Claims Arising Under State Professional Licensure Laws, John L. Reed
Lanham Act And Deceptive Trade Practice Claims Arising Under State Professional Licensure Laws, John L. Reed
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Reverse Passing Off: Preventing Healthy Competition, Catherine Romero Wright
Reverse Passing Off: Preventing Healthy Competition, Catherine Romero Wright
Seattle University Law Review
In order to protect creativity, the development of products, and access to the marketplace, the Ninth Circuit should readopt the strict bodily appropriations test when determining whether a plaintiff has a legitimate claim under the Lanham Act for reverse passing off. This test protects product originators from having their products mislabeled and it protects entrepreneurs like Chad, who can make valuable contributions to products. This Comment begins with a brief description of the origins of reverse passing off, followed by its evolution in the Ninth Circuit. The expansion of this cause of action in some other circuits is examined; and …
Copyright On The Www: Linking And Liability, Edward A. Cavazos, Coe F. Miles
Copyright On The Www: Linking And Liability, Edward A. Cavazos, Coe F. Miles
Richmond Journal of Law & Technology
The World Wide Web (WWW) is so often used as a way of interacting with the Internet that many people mistakenly confuse the two, referring to the Internet as the "Web" and vice versa. Of course, the Internet and its native applications predate the development of the WWW protocols by decades. Still, given the overwhelming amount of available Internet bandwidth now devoted to the transmission of web pages, there is no doubt that the WWW is the interface of choice for most users of the world's most pervasive computer network. The WWW is not the Internet, but there can be …