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The Feminine Mystique Of The Brand In Trademark Law Today, Christine Farley 2010 American University Washington College of Law

The Feminine Mystique Of The Brand In Trademark Law Today, Christine Farley

Christine Haight Farley

Just as we have been witness to a steady expansion of trademark protection, we have also been witness to the gendering of the object of that protection. Today the brand is feminine in trademark law and that gendering is instrumental to our desire to increase protection for trademarks. This gendering of the brand tracks recent changes in trademark law and this is no coincidence. The expansion of trademark protection spans a range of doctrines , but perhaps the most dramatic expansion of trademark rights has been the creation of an antidilution right. The trademark bar claimed that without this right, their ...


Vol. Xvi, Tab 53 - Declaration Of Henry Lien In Support Of Google's Reply Memorandum (Counsel For Google), Henry Lien 2010 Google

Vol. Xvi, Tab 53 - Declaration Of Henry Lien In Support Of Google's Reply Memorandum (Counsel For Google), Henry Lien

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?


Vol. Xv, Tab 52 - Rosetta Stone's Reply Brief In Support Of Its Motion For Partial Summary Judgment As To Liability, Rosetta Stone 2010 Santa Clara Law

Vol. Xv, Tab 52 - Rosetta Stone's Reply Brief In Support Of Its Motion For Partial Summary Judgment As To Liability, Rosetta Stone

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?


Vol. Xix, Tab 56 - Rosetta Stone's Reply Brief In Support Of Its Motion For Partial Summary Judgment As To Liability, Rosetta Stone 2010 Santa Clara Law

Vol. Xix, Tab 56 - Rosetta Stone's Reply Brief In Support Of Its Motion For Partial Summary Judgment As To Liability, Rosetta Stone

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?


The Skepticism Of Critical Legal Studies And Function Of Moral Discourse, Paul J. Gudel 2010 California Western School of Law

The Skepticism Of Critical Legal Studies And Function Of Moral Discourse, Paul J. Gudel

Paul J. Gudel

Paul J. Gudel

California Western School of Law

ABSTRACT

“The Skepticism of Critical Legal Studies and the Function of Moral Discourse”

This article on the philosophy of law aims to expound and evaluate the jurisprudential movement known as Critical Legal Studies – now that the passage of some time allows us to take a less polemical look at what was regarded as a very radical movement. My exposition of CLS organizes its now somewhat familiar concepts (legal indeterminacy, fundamental contradiction, hierarchy, the attack on the public/private distinction) as all directed to one goal: allowing us to see our responsibility for ...


‘Why Do We Try International Criminals?’ A Retributivist Theory Response, Noam Wiener 2010 University of Michigan - Ann Arbor

‘Why Do We Try International Criminals?’ A Retributivist Theory Response, Noam Wiener

Noam Wiener

This article examines the foundational justifications for the practice of punishing perpetrators of international crimes. It argues that creating such a foundation is important for the formation of a coherent and consistent criminal process. The article then presents two theories that justify punishment in national systems – retributivist and consequentialist. This presentation includes a critique of these theories and of models that try to combine the two. At its conclusion this presentation raises severe moral concerns with the application of the consequentialist justifications. Next, the article examines the express opinions of the various ad-hoc international tribunals and scholarly writing on international ...


Bescherming Van Intellectuele Rechten Mag Niet Ten Koste Van Privacy, Sari Depreeuw, Serge Gutwirth 2010 Law, Science, Technology & Society @ Vrije Universiteit Brussel

Bescherming Van Intellectuele Rechten Mag Niet Ten Koste Van Privacy, Sari Depreeuw, Serge Gutwirth

Serge Gutwirth

De op til staande Anti Counterfeiting Trade Agreement (ACTA) staat op gespannen voet met de bescherming van de privacy. Is dit aanvaardbaar ?


How Different Are Young Adults From Older Adults When It Comes To Information Privacy Attitudes & Policies?, Chris Jay Hoofnagle, Jennifer King, Su Li, Joseph Turow 2010 University of Pennsylvania

How Different Are Young Adults From Older Adults When It Comes To Information Privacy Attitudes & Policies?, Chris Jay Hoofnagle, Jennifer King, Su Li, Joseph Turow

Departmental Papers (ASC)

Media reports teem with stories of young people posting salacious photos online, writing about alcohol-fueled misdeeds on social networking sites, and publicizing other ill-considered escapades that may haunt them in the future. These anecdotes are interpreted as representing a generation-wide shift in attitude toward information privacy. Many commentators therefore claim that young people “are less concerned with maintaining privacy than older people are.” Surprisingly, though, few empirical investigations have explored the privacy attitudes of young adults. This report is among the first quantitative studies evaluating young adults’ attitudes. It demonstrates that the picture is more nuanced than portrayed in the ...


In Re Bilski And The “Machine-Or-Transformation” Test: Receding Boundaries For Patent Eligible Subject Matter, Matthew Moore 2010 Duke Law

In Re Bilski And The “Machine-Or-Transformation” Test: Receding Boundaries For Patent Eligible Subject Matter, Matthew Moore

Duke Law & Technology Review

In order for a hopeful applicant to be granted a patent over his invention, his application must satisfy several procedural and substantive requirements. Among the substantive hurdles that an applicant must clear is the mandate that patents only be issued to applications claiming statutory subject matter within the meaning of §101 of the Patent Act. However, the Court of Appeals for the Federal Circuit (Federal Circuit) has not construed that Section consistently over the years. Since that court’s formation in 1982, it has espoused two tests for statutory subject matter, and each time has substantially abrogated, if not overruled ...


Department Of Safety Vs. One 1995 Chevrolet Pickup Truck Vin: 1gccs19zxs8152659, Seized From: Francisco J. Rosada, Date Of Seizure: August 11, 2009, Claimant: Francisco J. Rosada, Lien Holder: None, 2010 University of Tennessee, Knoxville

Department Of Safety Vs. One 1995 Chevrolet Pickup Truck Vin: 1gccs19zxs8152659, Seized From: Francisco J. Rosada, Date Of Seizure: August 11, 2009, Claimant: Francisco J. Rosada, Lien Holder: None

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Department Of Safety Vs. $28,159.04 In U.S. Currency, Seized From: Jackie L. Redd, Date Of Seizure: July 15, 2009, Claimant: Jackie L. Redd, Lien Holder: None, 2010 University of Tennessee, Knoxville

Department Of Safety Vs. $28,159.04 In U.S. Currency, Seized From: Jackie L. Redd, Date Of Seizure: July 15, 2009, Claimant: Jackie L. Redd, Lien Holder: None

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Department Of Safety Vs. One 1994 Dodge Caravan Vin No.: 1b4gh44r5rx119171, Seized From: James H. Tulley, Date Of Seizure: November 6, 2009, Claimant: James H. Tulley, Lien Holder: None, 2010 University of Tennessee, Knoxville

Department Of Safety Vs. One 1994 Dodge Caravan Vin No.: 1b4gh44r5rx119171, Seized From: James H. Tulley, Date Of Seizure: November 6, 2009, Claimant: James H. Tulley, Lien Holder: None

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Department Of Safety Vs. One 1991 Mazda 929 Vin No.: Jm1hd4610n0115008, Seized From: Bradley A. Goff, Date Of Seizure: December 5, 2009, Claimant: Mamie Goff, Lien Holder: None, 2010 University of Tennessee, Knoxville

Department Of Safety Vs. One 1991 Mazda 929 Vin No.: Jm1hd4610n0115008, Seized From: Bradley A. Goff, Date Of Seizure: December 5, 2009, Claimant: Mamie Goff, Lien Holder: None

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Department Of Safety Vs. One 1994 Honda Civic Vin No.: 1hgej1129rl036386, Seized From: Connie Phillips, Date Of Seizure: December 5, 2009, Claimant: Donald Phillips, Lien Holder: N/A, 2010 University of Tennessee, Knoxville

Department Of Safety Vs. One 1994 Honda Civic Vin No.: 1hgej1129rl036386, Seized From: Connie Phillips, Date Of Seizure: December 5, 2009, Claimant: Donald Phillips, Lien Holder: N/A

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Blowing Blotner: A Missed Opportunit To Mend Georgia's Informed Consent Law, Robert Gatter 2010 Saint Louis University - Main Campus

Blowing Blotner: A Missed Opportunit To Mend Georgia's Informed Consent Law, Robert Gatter

Robert Gatter

Recently the Georgia Supreme Court ruled that a state informed consent statute precluded judicial recognition of a common law right for patients to receive the disclosure of treatment risks from their doctors. Yet the state statute provides very limited and arbitrary protection because the right to disclosure is triggered only when certain procedures are prescribed. So, for example, a patient has the right to learn the risks of cancer surgery but not chemotherapy. The Georgia Supreme Court's decision makes that state's informed consent law among the worst in the nation. Worse still, the Court could have avoided this ...


The Effect Of Economic Integration With China On The Future Of American Corporate Law, Joseph Vining 2010 University of Michigan Law School

The Effect Of Economic Integration With China On The Future Of American Corporate Law, Joseph Vining

Law & Economics Working Papers

China's development into a world economic power and its continuing integration with the United States economy raise the question whether China's own history and the socialist context of its domestic corporate law may affect the meaning of business terms in use both internationally and in American domestic corporate law. Of particular interest is the question whether China's entry and impact may blunt the late-twentieth century effort in the United States to change the legal sense of the purpose of an American business corporation.


Tennessee Department Of Safety Vs. One 1996 Chevrolet Gc1 Vin No.: 2gcec19r1t1184930, Seized From: Gregory Cherry, Date Of Seizure: November 23, 2009, Lien Holder: Central Bank, 2010 University of Tennessee, Knoxville

Tennessee Department Of Safety Vs. One 1996 Chevrolet Gc1 Vin No.: 2gcec19r1t1184930, Seized From: Gregory Cherry, Date Of Seizure: November 23, 2009, Lien Holder: Central Bank

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Robert Thomas Allen, Jr., 2010 University of Tennessee, Knoxville

Robert Thomas Allen, Jr.

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Tennessee Department Of Safety Vs. One 1986 Gmc Jimmyvin No.: 1g5ek18h4gf514416, Seized From: John B. Stayton, Date Of Seizure: November 17, 2009, Claimant: John B. Stayton, Lien Holder: N/A, 2010 University of Tennessee, Knoxville

Tennessee Department Of Safety Vs. One 1986 Gmc Jimmyvin No.: 1g5ek18h4gf514416, Seized From: John B. Stayton, Date Of Seizure: November 17, 2009, Claimant: John B. Stayton, Lien Holder: N/A

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Tennessee Department Of Safety Vs. One 1986 Gmc Jimmyvin No.: 1g5ek18h4gf514416, Seized From: John B. Stayton, Date Of Seizure: November 17, 2009, Claimant: John B. Stayton, Lien Holder: N/A, 2010 University of Tennessee, Knoxville

Tennessee Department Of Safety Vs. One 1986 Gmc Jimmyvin No.: 1g5ek18h4gf514416, Seized From: John B. Stayton, Date Of Seizure: November 17, 2009, Claimant: John B. Stayton, Lien Holder: N/A

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


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