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Articles 1 - 2 of 2
Full-Text Articles in Law and Economics
Copyrighting Tiktok Dances: Choreography In The Internet Age, Ali Johnson
Copyrighting Tiktok Dances: Choreography In The Internet Age, Ali Johnson
Washington Law Review
TikTok is a video-sharing social media application that launched in 2018 and has grown wildly since its inception. Many users are drawn to the platform by “dance challenges”—short dance routines of varying complexity set to popular songs that are recreated by other users, eventually going “viral” (i.e., recreated on a massive scale by other users) on the app. Going viral can provide young dancers and choreographers an opportunity to break into the highly competitive entertainment industry. However, there is a problem: due to TikTok’s interface and community practices, the original creators of a dance (who, significantly, are often young women …
Bully No More: Why Trademark Owners Engage In Trademark Overreach And How To Prevent It, Quynh La
Bully No More: Why Trademark Owners Engage In Trademark Overreach And How To Prevent It, Quynh La
Washington Law Review
At its core, trademark law exists as a tool for consumer protection. Thus, trademark owners use policing and enforcement to maintain a trademark’s goodwill, which in turn protects consumers from confusion. But policing and enforcement can lead to trademark overreach and bullying—which undermine the goal of trademark law. This Comment explains that trademark owners are incentivized to engage in aggressive enforcement tactics because courts weigh enforcement efforts in favor of trademark strength. And strong trademarks receive strong protection because such marks are more likely to succeed in trademark infringement litigation. To curb trademark bullying and realign trademark law with its …