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Intellectual Property Law Commons

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Lanham Act

Boston University School of Law

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Full-Text Articles in Intellectual Property Law

Trademarks And Consumer Search Costs On The Internet, Stacey Dogan Jan 2004

Trademarks And Consumer Search Costs On The Internet, Stacey Dogan

Faculty Scholarship

In theory, trademarks serve as information tools, by conveying product information through convenient, identifiable symbols. In practice, however, trademarks have increasingly been used to obstruct the flow of information about competing products and services. In the online context, in particular, some courts have recently allowed trademark holders to block uses of their marks that would never have raised an eyebrow in a brick-and-mortar setting - uses that increase, rather than diminish, the flow of truthful, relevant information to consumers. These courts have stretched trademark doctrine on more than one dimension, both by expanding the concept of actionable "confusion" and by …


Note On Caselaw Showing The “Property” Issue - 1984, Wendy J. Gordon Jan 1984

Note On Caselaw Showing The “Property” Issue - 1984, Wendy J. Gordon

Scholarship Chronologically

The "misappropriation as property" issue has surfaced in Lanham Act