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Intellectual Property Law Commons

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Articles 1 - 5 of 5

Full-Text Articles in Intellectual Property Law

Trademarks And Transducers: The First Circuit Court Of Appeals Decides On The Standard Of Proof Required To Show Willful Infringement In Lanham Act Cases, Peter Karalis Jun 2014

Trademarks And Transducers: The First Circuit Court Of Appeals Decides On The Standard Of Proof Required To Show Willful Infringement In Lanham Act Cases, Peter Karalis

Catholic University Law Review

No abstract provided.


Trademark Owner's Strategy: Litigation Versus The Udrp, Jessica Sganga Feb 2014

Trademark Owner's Strategy: Litigation Versus The Udrp, Jessica Sganga

Pepperdine Dispute Resolution Law Journal

The article offers information on the enactment, development, and significance of the Lanham Act, the Federal Trademark Diluting Act (FTDA), the Anticybersquatting Consumer Protection Act (ACPA), and the Uniform Domain-Name Dispute-Resolution Policy (UDRP) to address the challenges arising out of the domain name registration process in the U.S. It informs that these acts provides assistance in safeguarding the rights of trademark owners against the domain name registrants.


Stabilizing Morality In Trademark Law, Christine Haight Farley Jan 2014

Stabilizing Morality In Trademark Law, Christine Haight Farley

Articles in Law Reviews & Other Academic Journals

Almost all of the commentary concerning the statutory prohibition on registering offensive trademarks lambasts it as a misguided attempt to enforce civility through trademark law. This Article carefully considers the challenges accompanying section 2(a) of the U.S. Trademark Act and defends it as good policy. There are, however, a few instances in which the jurisprudence under section 2(a) has created more problems than it has solved. To alleviate these problems, this Article proposes judging words per se and abandoning the traditional trademark notion of evaluating words in context. Judging words per se is warranted given the very different objectives underlying …


Stabilizing Morality In Trademark Law, Christine Farley Jan 2014

Stabilizing Morality In Trademark Law, Christine Farley

Articles in Law Reviews & Other Academic Journals

Almost all of the commentary concerning the statutory prohibition on registering offensive trademarks lambasts it as a misguided attempt to enforce civility through trademark law. This Article carefully considers the challenges accompanying section 2(a) of the U.S. Trademark Act and defends it as good policy. There are, however, a few instances in which the jurisprudence under section 2(a) has created more problems than it has solved. To alleviate these problems, this Article proposes judging words per se and abandoning the traditional trademark notion of evaluating words in context. Judging words per se is warranted given the very different objectives underlying …


Intending To Confuse: Why Preponderance Is The Proper Burden Of Proof For Intentional Trademark Infringements Under The Lanham Act, Kelly Collins Jan 2014

Intending To Confuse: Why Preponderance Is The Proper Burden Of Proof For Intentional Trademark Infringements Under The Lanham Act, Kelly Collins

Oklahoma Law Review

No abstract provided.