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Articles 1 - 30 of 35
Full-Text Articles in Intellectual Property Law
Trademarks: German Manufacturer’S Deliberate Infringement Of Domestic Trademark Sufficient To Support Injunctive Relief, But Not Supportive Of Award For Damages, Kimley R. Johnson
Trademarks: German Manufacturer’S Deliberate Infringement Of Domestic Trademark Sufficient To Support Injunctive Relief, But Not Supportive Of Award For Damages, Kimley R. Johnson
Georgia Journal of International & Comparative Law
No abstract provided.
Trademarks “Lanham Act” Foreign Registrants Need Not Allege Use In The United States And May Waive Filing Requirements Required For Domestic Applications (Scm Corporation V. Langis Foods, Ltd., D.C. Cir. 1976), John A. Cutler
Georgia Journal of International & Comparative Law
No abstract provided.
A Trademark Holder's Hangover: Reconciling The Lanham Act With The Alcohol And Tobacco Tax And Trade Bureau's System Of Designating American Viticultural Areas, Julia Lynn Titolo
A Trademark Holder's Hangover: Reconciling The Lanham Act With The Alcohol And Tobacco Tax And Trade Bureau's System Of Designating American Viticultural Areas, Julia Lynn Titolo
Journal of Intellectual Property Law
No abstract provided.
Is Liability Just A Link Away? Trademark Dilution By Tarnishment Under The Federal Trademark Dilution Act Of 1995 And Hyperlinks On The World Wide Web, Martha Kelley
Journal of Intellectual Property Law
No abstract provided.
Private Property For Public Use: The Federal Trademark Dilution Act And Anticybersquatting Consumer Protection Act As Violations Of The Fifth Amendment Takings Clause, Brian C. Smith
Journal of Intellectual Property Law
No abstract provided.
Pricey Purchases And Classy Customers: Why Sophisticated Consumers Do Not Need The Protection Of Trademark Laws, Meaghan E. Goodwin
Pricey Purchases And Classy Customers: Why Sophisticated Consumers Do Not Need The Protection Of Trademark Laws, Meaghan E. Goodwin
Journal of Intellectual Property Law
No abstract provided.
The Infringement-Plus-Equity Model: A Better Way To Award Monetary Relief In Trademark Cases, David S. Almeling
The Infringement-Plus-Equity Model: A Better Way To Award Monetary Relief In Trademark Cases, David S. Almeling
Journal of Intellectual Property Law
No abstract provided.
State Regulation Of Keyword Advertising: A Lesson From The Utah Legislature, Mary Candice Barrett
State Regulation Of Keyword Advertising: A Lesson From The Utah Legislature, Mary Candice Barrett
Journal of Intellectual Property Law
No abstract provided.
What's The Deference?: Should Dickinson V. Zurko Apply In The Trademark Context?, Jonathan S. Digby
What's The Deference?: Should Dickinson V. Zurko Apply In The Trademark Context?, Jonathan S. Digby
Journal of Intellectual Property Law
No abstract provided.
Navigating The Legal Landscape Of A Subversive Art Form: Protecting Expression And Neglecting Embodiment, Dillon Henry Stern
Navigating The Legal Landscape Of A Subversive Art Form: Protecting Expression And Neglecting Embodiment, Dillon Henry Stern
Chicago-Kent Journal of Intellectual Property
No abstract provided.
An Alternate Functionality Reality, Harold R. Weinberg
An Alternate Functionality Reality, Harold R. Weinberg
Journal of Intellectual Property Law
The Supreme Court last addressed trade dress law’s functionality doctrine in TrafFix Devices, Inc. v. Marketing Displays, Inc. decided in 2001. This article applies content analysis to data from post-TrafFix functionality cases to provide insights concerning the functionality doctrine. It emphasizes data from cases concerning motions for summary judgment and preliminary injunction. The analysis employs two conceptual constructs: a “useful/aesthetic continuum” and “mixed-character” design features. The article also considers data in light of a “two-bar mandate” and two principles: “useful-scarcity” and “aesthetic-abundance.” It concludes with observations concerning the post-TrafFix functionality doctrine and suggestions for improving its judicial …
Confusion Codified: Why Trademark Remedies Make No Sense, Mark A. Thurmon
Confusion Codified: Why Trademark Remedies Make No Sense, Mark A. Thurmon
Journal of Intellectual Property Law
No abstract provided.
Brief Of Amici Curiae Intellectual Property Law Professors, Mark Mckenna, Rebecca Tushnet
Brief Of Amici Curiae Intellectual Property Law Professors, Mark Mckenna, Rebecca Tushnet
Court Briefs
The District Court correctly determined that the challenged speech of Dr. Steven Novella was not commercial speech for purposes of applying the Lanham Act. Appellant’s argument to the contrary conflates “seeking profit” with “commercial speech.”
Trademark’S Ebay Problem, Peter J. Karol
Trademark’S Ebay Problem, Peter J. Karol
Fordham Intellectual Property, Media and Entertainment Law Journal
This Article addresses the current debate over whether to extend, to trademark law, the rule in eBay, Inc. v. MercExchange, L.L.C. denying prevailing patent plaintiffs presumptive entitlement to injunctive relief. Its central concern, however, is not whether or how eBay should apply to trademark law, but rather the way in which the debate resurfaces structural flaws undermining foundational provisions of the Lanham Act. Namely, the Act purports to grant ex ante exclusive rights to mark owners against all confusingly similar uses, but then reserves discretion to district courts to deny statutory injunctive relief without further guidance. This ambiguity, a familiar …
Sine Qua Non: Trademark Infringement, Likelihood Of Confusion, And The Business Of Collegiate Licensing, C. Knox Withers
Sine Qua Non: Trademark Infringement, Likelihood Of Confusion, And The Business Of Collegiate Licensing, C. Knox Withers
Journal of Intellectual Property Law
No abstract provided.
"Every Artist Is A Cannibal, Every Poet Is A Thief": Why The Supreme Court Was Right To Reverse The Ninth Circuit In Dastar Corp. V. Twentieth Century Fox Film Corp., Joshua K. Simko
Journal of Intellectual Property Law
No abstract provided.
"What's Really In The Package Of A Naming Rights Deal?" Service Mark Rights And The Naming Rights Of Professional Sports Stadiums, Christian Maximilian Voigt
"What's Really In The Package Of A Naming Rights Deal?" Service Mark Rights And The Naming Rights Of Professional Sports Stadiums, Christian Maximilian Voigt
Journal of Intellectual Property Law
No abstract provided.
Does The Lanham Act Lose Meaning For Companies That Operate Exclusively Over The Internet?, Sheila D. Rizzo
Does The Lanham Act Lose Meaning For Companies That Operate Exclusively Over The Internet?, Sheila D. Rizzo
Journal of Intellectual Property Law
This Note will examine the differences between trademark registration and domain name registration, focusing specifically on the terms an applicant may register, the rights associated with those registrations, and the manner in which a registrant may lose, assign, and enforce those rights so that others my not use the same registered terms. This Note will also suggest that a company operating exclusively over the internet may obtain greater rights, and therefore protection, than a typical bricks and mortar company, simply by registering its domain name, and not trademark status.
Phantom Trademarks: Good Law Or Chain Rattling? The Negative Effects Of Strict Interpretation Of The Lanham Act In The International Flavors And Fragrances Decision, James E. Carlson
Journal of Intellectual Property Law
No abstract provided.
The Trend Towards Enhancing Trademark Owners' Rights-A Comparative Study Of U.S. And German Trademark Law, Rudolf Rayle
The Trend Towards Enhancing Trademark Owners' Rights-A Comparative Study Of U.S. And German Trademark Law, Rudolf Rayle
Journal of Intellectual Property Law
No abstract provided.
Exceptionally Vague: Attorney Fee Shifting Under The Lanham Act, Kelsie Willett
Exceptionally Vague: Attorney Fee Shifting Under The Lanham Act, Kelsie Willett
Journal of Intellectual Property Law
No abstract provided.
Does The Bad Faith Requirement In Accounting Of Profits Damages Make Economic Sense?, Eugene W. Luciani
Does The Bad Faith Requirement In Accounting Of Profits Damages Make Economic Sense?, Eugene W. Luciani
Journal of Intellectual Property Law
No abstract provided.
1-800-I-Am-Vain: Should Telephone Mnemonics Be Protected As Trademarks?, Elizabeth A. Horky
1-800-I-Am-Vain: Should Telephone Mnemonics Be Protected As Trademarks?, Elizabeth A. Horky
Journal of Intellectual Property Law
No abstract provided.
State Anti-Dilution Statutes Under The Pre-Emption Analyses Of Gade V. National Solid Wastes Management Ass'n, George G. Boyd Jr.
State Anti-Dilution Statutes Under The Pre-Emption Analyses Of Gade V. National Solid Wastes Management Ass'n, George G. Boyd Jr.
Journal of Intellectual Property Law
No abstract provided.
Dilution, An Idea Whose Time Has Gone; Brand Equity As Protectable Property, The New/Old Paradigm, Jerre B. Swann, Theodore H. Davis Jr.
Dilution, An Idea Whose Time Has Gone; Brand Equity As Protectable Property, The New/Old Paradigm, Jerre B. Swann, Theodore H. Davis Jr.
Journal of Intellectual Property Law
No abstract provided.
Federal Trademark Remedies: A Proposal For Reform, Mark A. Thurmon
Federal Trademark Remedies: A Proposal For Reform, Mark A. Thurmon
Akron Intellectual Property Journal
It is time to take this problem seriously and reform the remedial rules of the Lanham Act. This article presents a specific proposal for reform that includes the following key changes:
- statutory damages are available as an alternative to actual damages, and this new remedy is available to prevailing trademark owners in all actions under the Lanham Act;
- the defendant's profits remedy is limited to those profits attributable to the infringement, but this remedy is available to prevailing trademark owners in all actions under the Lanham Act (i.e., proof of willful infringement or some other type of bad faith is …
Crossing The Line: The Collegiate Licensing Company's Overindulgent Attempt To Limit Small Businesses' Online Marketing Techniques Based On Frivolous Claims Of Trademark Infringement, Lauren T. Warbington
Crossing The Line: The Collegiate Licensing Company's Overindulgent Attempt To Limit Small Businesses' Online Marketing Techniques Based On Frivolous Claims Of Trademark Infringement, Lauren T. Warbington
Journal of Intellectual Property Law
No abstract provided.
Passing The Virtual Buck: How The Ninth Circuit Used Contributory Trademark Law To Expand Liability For Web Hosts, Alessandra Backus
Passing The Virtual Buck: How The Ninth Circuit Used Contributory Trademark Law To Expand Liability For Web Hosts, Alessandra Backus
Journal of Intellectual Property Law
No abstract provided.
Dastar's Next Stand, Mark P. Mckenna
Dastar's Next Stand, Mark P. Mckenna
Journal of Intellectual Property Law
No abstract provided.
"Leave Little Guys Alone!": Protecting Small Businesses From Overly Litigious Corporations And Trademark Infringement Suits, Sara Marie Andrzejewski
"Leave Little Guys Alone!": Protecting Small Businesses From Overly Litigious Corporations And Trademark Infringement Suits, Sara Marie Andrzejewski
Journal of Intellectual Property Law
No abstract provided.