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Articles 1 - 11 of 11
Full-Text Articles in Intellectual Property Law
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.
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.
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.
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.
Initial Interest Confusion: Standing At The Crossroads Of Trademark Law, Jennifer E. Rothman
Initial Interest Confusion: Standing At The Crossroads Of Trademark Law, Jennifer E. Rothman
All Faculty Scholarship
While the benchmark of trademark infringement traditionally has been a demonstration that consumers are likely to be confused by the use of a similar or identical trademark to identify the goods or services of another, a court-created doctrine called initial interest confusion allows liability for trademark infringement solely on the basis that a consumer might initially be interested, attracted, or distracted by a competitor's, or even a non-competitor's, product or service. Initial interest confusion is being used with increasing frequency, especially on the Internet, to shut down speech critical of trademark holders and their products and services, to prevent comparative …
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 …
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.
When You Wish Upon Dastar: Creative Provenance And The Lanham Act, Mary Lafrance
When You Wish Upon Dastar: Creative Provenance And The Lanham Act, Mary Lafrance
Scholarly Works
This Article examines the application of section 43(a) of the Lanham Act to claims of reverse passing off through the lens of the Supreme Court's unpersuasive effort in Dastar Corp. v. Twentieth Century Fox Film Corp. to exclude a single class of reverse passing off-claims - those involving “expressive” works as opposed to physical commodities - from the scope of section 43(a). The Article critiques the Court's analysis of section 43(a) in light of case law and the pertinent legislative history, including, the Trademark Law Revision Act of 1988, the Berne Convention Implementation Act of 1988, and the Visual Artists …
The Author's Name As A Trademark: A Perverse Perspective On The Moral Right Of "Paternity"?, Jane C. Ginsburg
The Author's Name As A Trademark: A Perverse Perspective On The Moral Right Of "Paternity"?, Jane C. Ginsburg
Faculty Scholarship
The US. Supreme Court in its 2003 decision in Dastar v. Twentieth Century Fox, construing the Lanham Federal Trademarks Act, deprived authors of their principal legal means to enforce attribution rights in the US. I have elsewhere criticized the Dastar Court's analysis, and have urged amending the Copyright Act to provide express recognition of the attribution right. This time, however, I propose to reconsider the foundation for the attribution right; I draw on literary and historical sources to supplement legal arguments concerning the meaning of the author's name. I will suggest that, contrary to the usual characterization of this …
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.