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Full-Text Articles in Legal History
Property And Equity In Trademark Law, Mark P. Mckenna
Property And Equity In Trademark Law, Mark P. Mckenna
Marquette Intellectual Property Law Review
This lecture focuses on the relationship between trademark and unfair competition. Specifically, this lecture discusses the way trademark law has evolved over time with respect to property concepts. There has been a lot of discussion in the literature about the ways trademark law has come to treat trademarks as property. Many scholars who have written about this “propertization” have described it as a shift from consumer to producer protection.
I have written a lot about this narrative over the course of my career—I think it is overly simplistic, and in some ways, wrong. Trademark law has al-ways protected marks as …
What Are We To Do With Deposit Copies?, Sadie Zurfluh
What Are We To Do With Deposit Copies?, Sadie Zurfluh
Marquette Intellectual Property Law Review
One of the problems courts are faced with today is determining what happens with unpublished works registered under the 1909 Act: can only the sheet music filed with the deposit copy come into evidence when comparing two works as substantially similar? In 2015, the district court in Williams v. Gaye addressed the issue; however, the Ninth Circuit declined to decide the issue on appeal.8 Later in 2018, in Skidmore v. Zeppelin (“Skidmore”), the Ninth Circuit concluded that when dealing with unpublished works under the 1909 Act, the deposit copy defines the scope of the copyright. Part I of this comment …