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Intellectual Property Law Commons

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Articles 1 - 4 of 4

Full-Text Articles in Intellectual Property Law

Consumer Gripe Sites, Intellectual Property Law, And The Use Of Cease-And-Desist Letters To Chill Protected Speech On The Internet. , Rachael Braswell Jun 2007

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 Jan 2007

Rescuecom Corp. V. Google, Inc., Arielle G. Lenza

NYLS Law Review

No abstract provided.


Trademarks Of Privilege: Naming Rights And The Physical Public Domain, Ann Bartow Jan 2007

Trademarks Of Privilege: Naming Rights And The Physical Public Domain, Ann Bartow

Law Faculty Scholarship

This paper critiques the branding and labeling of the physical public domain with the names of corporations, commercial products, and individuals. It suggests that under-recognized public policy conflicts exist between the naming policies and practices of political subdivisions, trademark law, and right of publicity doctrines. It further argues that naming acts are often undemocratic and unfair, illegitimately appropriate public assets for private use, and constitute a limited form of compelled speech. It concludes by considering alternative mechanisms by which the names of public facilities could be chosen.


To Live In In-‘Fame’-Y: Reconceiving Scandalous Marks As Analogous To Famous Marks, Jasmine C. Abdel-Khalik Jan 2007

To Live In In-‘Fame’-Y: Reconceiving Scandalous Marks As Analogous To Famous Marks, Jasmine C. Abdel-Khalik

Faculty Works

In 1905, Congress enacted a revised trademark registration act, which included a prohibition on registering marks containing or consisting of scandalous or immoral material. Because Congress failed to provide any further guidance either in legislative history or in the statutory language, administrative bodies and the courts have struggled to define this standard. Over the past century, decisions applying this prohibition have been inconsistent. The general public and potential trademark owners are unable to predict accurately if a mark will be accepted or refused for federal registration, which has some significant benefits. Perhaps because of this uncertainty, some estimate that hundreds …