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Full-Text Articles in Law
Courts, Trademarks, And The Icann Gold Rush: No Free Speech In Top Level Domains, Jerome O'Callaghan, Paula O'Callaghan
Courts, Trademarks, And The Icann Gold Rush: No Free Speech In Top Level Domains, Jerome O'Callaghan, Paula O'Callaghan
Loyola of Los Angeles Entertainment Law Review
In recent years, the Internet Corporation for Assigned Names and Numbers (ICANN) expanded top-level domains, such as .com, .net, and .org, to include a very wide variety of new terms. One of the new options is .sucks. This Article examines the potential for conflict when trademark holders seek to protect their mark in the context of the .sucks domain. There is a temptation to see this issue in terms of consumers’ free speech rights pitted against corporate interests. However, the recent privatization of ICANN does not bode well for promoting consumers’ First Amendment rights in domain name battles.
An Empirical Examination Of Consumer Survey Use In Trademark Litigation, Katie Brown Ph.D, Natasha T. Brison, Paul Batista
An Empirical Examination Of Consumer Survey Use In Trademark Litigation, Katie Brown Ph.D, Natasha T. Brison, Paul Batista
Loyola of Los Angeles Entertainment Law Review
This Article is a comprehensive examination of the use of consumer surveys in trademark litigation cases at the federal level. Previous research has shown consumer surveys can be critical to the outcome of trademark litigation, as they measure the idiosyncratic mental associations and reactions of prospective consumers. For this Article, this study examined 843 trademark infringement and dilution cases spanning 2007 to 2017. The findings reveal consumer surveys are not utilized in trademark litigation as often as research suggests they should be. While consumer surveys are not required in trademark litigation, nor necessarily easy or inexpensive to com- mission, this …
The Proper Application Of Nominative Fair Use In Trademark Law: Why International Information Systems Security Certification Consortium, Inc. V. Security University, Llc Sets The Preeminent Standard, Jonathan O. Ballard Jr.
The Proper Application Of Nominative Fair Use In Trademark Law: Why International Information Systems Security Certification Consortium, Inc. V. Security University, Llc Sets The Preeminent Standard, Jonathan O. Ballard Jr.
Loyola of Los Angeles Law Review
No abstract provided.
Multi-Time Machine V. Amazon: Confusion In The Likelihood Of Confusion Analysis, Thuy Michelle Nguyen
Multi-Time Machine V. Amazon: Confusion In The Likelihood Of Confusion Analysis, Thuy Michelle Nguyen
Loyola of Los Angeles Law Review
No abstract provided.
Set The Statutes Straight: Amending The Lanham Act To Dispel The Confusion Regarding Reverse Confusion, Inna Kaminer
Set The Statutes Straight: Amending The Lanham Act To Dispel The Confusion Regarding Reverse Confusion, Inna Kaminer
Loyola of Los Angeles Entertainment Law Review
The typical case of alleged trademark infringement, i.e., “forward confusion,” involves a larger and more established “senior user” and a smaller and less powerful “junior user.” The secondary junior user wrongfully uses the first senior user’s mark as its own, and thus benefits from the senior user’s more established goodwill. In ruling on a senior user’s trademark infringement claim, the court will use a set of “likelihood of confusion” factors to determine if consumers are confusing the junior user’s goods for that of the senior. Each circuit’s factors vary, but they are harmonious. The issue that this Note explores is …