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Full-Text Articles in Intellectual Property Law
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 …
Access Denied: How Social Media Accounts Fall Outside The Scope Of Intellectual Property Law And Into The Realm Of The Computer Fraud And Abuse Act, Tiffany Miao
Fordham Intellectual Property, Media and Entertainment Law Journal
This note addresses the challenge of applying intellectual property laws to determining ownership rights over social media accounts, specifically in the employer and employee context. This note suggests that IP regimes, namely Trademark, Copyright,and Trade Secrets, fail to provide an adequate framework for determining such ownership rights. Instead, this note proposes that the Computer Fraud and Abuse Act serves as a more appropriate legal framework.