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Full-Text Articles in Intellectual Property Law
Here’S Why It’S Time The Lanham Act Recognizes Personal Brands, Golden Gate University School Of Law
Here’S Why It’S Time The Lanham Act Recognizes Personal Brands, Golden Gate University School Of Law
GGU Law Review Blog
The Lanham Act defines and governs trademarks, service marks, and unfair competition, all to protect American consumers from market confusion. Under the Lanham Act, a mark is famous if it is “widely recognizable to the general consuming public of the United States.” When a celebrity brings a claim under the Lanham Act for the unauthorized use of their image, courts may find that the celebrity’s name and image constitute an unregistered trademark, while the celebrity’s persona is the goods or services which the celebrity places into commerce. To analyze the claim, several factors help determine the likelihood of market confusion. …
Toward A Coherent Theory Of Strict Tort Liability For Trademark Licensors, David Franklyn
Toward A Coherent Theory Of Strict Tort Liability For Trademark Licensors, David Franklyn
Publications
In this Article, I argue that the control tightrope and the general indeterminacy of licensor liability law is neither necessary nor desirable. Once the courts acknowledge that the relevant task is to design a set of flexible vicarious liability rules-rules that account for licensor control and involvement but which do not require proof of agency--constructing a coherent theory of licensor liability should be possible. The challenge is to articulate a set of rules that will impose strict (vicarious) liability on licensors who are not mere passive investors but who exert substantial control over their licensees, and who use the licensing …