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Intellectual Property Law

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Chicago-Kent College of Law

Trademark

Articles 1 - 7 of 7

Full-Text Articles in Law

Diluted Reality: The Intersection Of Augmented Reality And Trademark Dilution, Ariane Takano Jan 2018

Diluted Reality: The Intersection Of Augmented Reality And Trademark Dilution, Ariane Takano

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Copyrights And Trademarks In Cyberspace: A Legal And Economic Analysis, Georgios I. Zekos Jan 2016

Copyrights And Trademarks In Cyberspace: A Legal And Economic Analysis, Georgios I. Zekos

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Keeping Tabs: When Will Ttab Decisions Have Preclusive Effect? Preclusive Effect Of T.T.A.B. Likelihood Of Confusion Decisions After B&B V. Hargis Industries, Brendan J. Ketchum Jan 2016

Keeping Tabs: When Will Ttab Decisions Have Preclusive Effect? Preclusive Effect Of T.T.A.B. Likelihood Of Confusion Decisions After B&B; V. Hargis Industries, Brendan J. Ketchum

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Trademark Extortionist Revisited: A Response To Vogel And Schachter, Kenneth L. Port Sep 2014

Trademark Extortionist Revisited: A Response To Vogel And Schachter, Kenneth L. Port

Chicago-Kent Journal of Intellectual Property

Trademark bullying (a.k.a. trademark extortion) is a very controversial notion in trademark litigation in the United States. There, for sure, is a lot of illegitimate trademark infringement happening. Anecdotally, we also know that trademark holders often overstep in the assertion of their otherwise legitimate rights. For the first time, this article documents how large a problem trademark bullying is and how often it happens. Trademark bullying occurs when there is evidence that a trademark holder asserts a non-famous mark against a non-competing entity on or in connection with goods or services into which the plaintiff has no reasonable expectation of …


Designer Collaborations As A Solution To The Fast-Fashion Copyright Dilemma, Arielle K. Cohen Apr 2012

Designer Collaborations As A Solution To The Fast-Fashion Copyright Dilemma, Arielle K. Cohen

Chicago-Kent Journal of Intellectual Property

This article explores the issue of large retailers capitalizing on designers’ designs by using the method of “close copying” and the dilemma that designers face due to their lack of recourse since their designs are not afforded copyright protection. The Council of Fashion Designers of America has been lobbying Congress for protection and their efforts have created the Innovative Design Protection and Piracy Prevention Act. This legislation is currently pending but it is a revised version of the earlier Design Piracy Prohibition Act and it removes many of the controversial provisions that were in the earlier version. Therefore, there is …


League Parity: Bringing Back Unlicensed Competition In The Sports Fan Apparel Market, David Franklin Apr 2011

League Parity: Bringing Back Unlicensed Competition In The Sports Fan Apparel Market, David Franklin

Chicago-Kent Law Review

Should professional sports teams and collegiate institutions have an exclusive right to merchandise their logos? Recent court decisions have effectively provided these organizations with a monopoly in the fan apparel marketplace, as retailers who are not "officially licensed" by the underlying team or university are likely to face trademark infringement liability. In some contexts, this extension of trademark law has prevented companies from selling merchandise that merely displays a team's color scheme. However, such a broad prohibition on the use of team logos is inconsistent with the goal of trademark law, which is intended to prohibit uses of a mark …


Securing Global Trademark Exceptions: Why The United States Should Negotiate Mandatory Exceptions Into Future International Bilateral Agreements, Brian S. Kaunelis Jun 2010

Securing Global Trademark Exceptions: Why The United States Should Negotiate Mandatory Exceptions Into Future International Bilateral Agreements, Brian S. Kaunelis

Chicago-Kent Law Review

In December 2007, the European Union and the CARIFORUM States concluded a bilateral economic partnership agreement that included a mandatory fair use exception to trademark owners' rights. The EC-CARIFORUM Agreement is the first agreement that mandates the inclusion of Article 17 of the World Trade Organization's Agreement on Trade-Related Intellectual Property Rights and requires an exception to trademark rights. The push to balance international trademark owners' rights has begun, and this Note will detail why the United States should follow the European Union's lead and negotiate mandatory trademark exceptions into future bilateral agreements.