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Articles 1 - 5 of 5
Full-Text Articles in Intellectual Property Law
Supreme Court Amicus Brief Of Law Professors In Support Of Petitioner, Abraham V. Alpha Chi Omega, Christine Farley
Supreme Court Amicus Brief Of Law Professors In Support Of Petitioner, Abraham V. Alpha Chi Omega, Christine Farley
Articles in Law Reviews & Other Academic Journals
The Federal Lanham Act provides that injunctive relief, the primary remedy in trademark cases, is to be granted in accordance with the principles of equity. Expressly included among such equitable principles are the defenses of acquiescence, laches, and estoppel. Naturally, these defenses have become commonplace in defending against claims of trademark infringement. In the absence of a statute of limitations courts rely on the doctrine of laches, for example, to determine when trademark infringement claims have become stale. Our informal study of the district in which this case arises shows that from 2005 to 2011, nearly two thirds of answers …
Reexamining Two Pesos, Qualitex, & Wal-Mart: A Different Approach…Or Perhaps Just Old Abercrombie Wine In A New Bottle?, Russ Versteeg
Reexamining Two Pesos, Qualitex, & Wal-Mart: A Different Approach…Or Perhaps Just Old Abercrombie Wine In A New Bottle?, Russ Versteeg
Fordham Intellectual Property, Media and Entertainment Law Journal
In Wal-Mart Stores, Inc. v. Samara Bros., Inc., 529 U.S. 205 (2000), the United States Supreme Court held that, in order for a product design to be protectable under § 43(a) of the Lanham Act, the product design must first acquire a secondary meaning. Writing for the Court, Justice Scalia, reasoned that consumers, as a rule, do not expect a product’s design to serve as an indicator of source. The Court stated that product designs, like colors, do not ordinarily operate as source indicators, and that is why the Court established its rule that a product design must acquire a …
Goodwill U: School Name Change & Trademark Law, Alexandra J. Roberts
Goodwill U: School Name Change & Trademark Law, Alexandra J. Roberts
IP Theory
No abstract provided.
I Do Not Endorse This Message! Does A Political Campaign’S Unauthorized Use Of A Song Infringe On The Rights Of The Musical Performer?, Kimberlianne Podlas
I Do Not Endorse This Message! Does A Political Campaign’S Unauthorized Use Of A Song Infringe On The Rights Of The Musical Performer?, Kimberlianne Podlas
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Guantanamo's Greatest Hits: The Semiotics Of Sound And The Protection Of Performer Rights Under The Lanham Act, John Tehranian
Guantanamo's Greatest Hits: The Semiotics Of Sound And The Protection Of Performer Rights Under The Lanham Act, John Tehranian
Vanderbilt Journal of Entertainment & Technology Law
As Bruce Springsteen and Ronald Reagan, Jackson Brown and John McCain, and Tom Morello and Paul Ryan can attest, the exploitation of creative works for political or commercial purposes that run contrary to artists' ideals can stir passions and trigger lawsuits. Yet for performers who are not authors of the exploited works, there is little meaningful legal relief provided by the federal Copyright Act. Instead, such performers--from featured singers and dancers to actors and other personalities known for their distinctive traits--have leaned on alternative theories for recovery, thereby raising the specter of liability outside of copyright law for such unwelcome …