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Articles 1 - 5 of 5
Full-Text Articles in Intellectual Property Law
That's Fuct: Why The Political Question Doctrine Should Have Barred The Supreme Court From Deciding Iancu V. Brunetti, Jennifer Madaras
That's Fuct: Why The Political Question Doctrine Should Have Barred The Supreme Court From Deciding Iancu V. Brunetti, Jennifer Madaras
Cybaris®
No abstract provided.
The Power Of Social Media As An Evolving Force And Its Impact On Intellectual Property, Whitney N. Alston
The Power Of Social Media As An Evolving Force And Its Impact On Intellectual Property, Whitney N. Alston
Cybaris®
No abstract provided.
The Commodification Of Trademarks: Some Final Thoughts On Trademark Dilution, Kenneth L. Port
The Commodification Of Trademarks: Some Final Thoughts On Trademark Dilution, Kenneth L. Port
Faculty Scholarship
This article is an explication of the trend toward commodification of famous or putatively famous trademarks and the resultant urging that the FTDA be repealed. This article starts with a literature review showing that the vast majority of commentators have been severely critical of the FTDA. This has been ignored by Congress. The article next pursues Congress's blind support of the FTDA and suggests that more thought and analysis from Congress is still required. The article next explains the data regarding FTDA claims. All reported cases from 1996 through 2015 are coded and examined. The conclusion, looking at the data, …
Twenty-First Century Trademarks: How Quirky Quick Response Codes (Quircs) Will Challenge The Lanham Act And The Uspto, Matthew C. Kulseth
Twenty-First Century Trademarks: How Quirky Quick Response Codes (Quircs) Will Challenge The Lanham Act And The Uspto, Matthew C. Kulseth
Cybaris®
No abstract provided.
The Illegitimacy Of Trademark Incontestability, Kenneth L. Port
The Illegitimacy Of Trademark Incontestability, Kenneth L. Port
Faculty Scholarship
The concept of incontestability in American trademark law has caused great confusion ever since its adoption as part of United States trademark law in 1946. This Article is first a study of the rational basis for incontestability in American trademark law. The role of incontestability in the larger regime of American trademark law is established in order to understand incontestability as it fits within the history of the common law of trademarks. This is fundamental in order to understand the significance of the thesis that incontestability is illegitimate. Next, acquisition of incontestability is presented in order to show how simple …