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Full-Text Articles in Law
Failure To Function: A Potential New Shield Against Trademark Infringement?, Alyssa Yoshino
Failure To Function: A Potential New Shield Against Trademark Infringement?, Alyssa Yoshino
IP Theory
The United States Patent and Trademark Office (“USPTO”) has recently been characterized as having a “penchant” for refusing trademark registrations on the grounds of failure to function. This trend has come with commentary, both praising the doctrine’s ability to efficiently supplement the distinctiveness analysis by assessing use and criticizing the inconsistent application of the doctrine. The sources of this academic commentary, from Alexandra J. Roberts and Lucas D. Cuatrecasas, serve as the heads of two camps regarding the failure to function doctrine. The first encourages an increased application of the doctrine as a combined distinctiveness and use analysis. The second …
Color Blocking: How The Harmonization Of Color Protection May Catalyze Color Depletion In Global Markets, Arsha Hasan
Color Blocking: How The Harmonization Of Color Protection May Catalyze Color Depletion In Global Markets, Arsha Hasan
Indiana Journal of Global Legal Studies
The Qualitex decision in 1995 inspired trademark reformation and harmonization worldwide for the protection of color marks. While protecting color trademarks has not created issues of market entry in domestic markets, the growth in the number of transnational market participants and an increased utilization of non-traditional branding may catalyze color depletion in international trade. After exploring how current advertising expenditure requirements and distinctiveness requirements affect the registrability and protection of a color mark, this Note offers potential global reforms to help minimize hurdles for small scale transnational participants and the threat of international color depletion. Specifically, due to consumers' increasing …
The Origins Of American Design Patent Protection, Jason John Du Mont, Mark D. Janis
The Origins Of American Design Patent Protection, Jason John Du Mont, Mark D. Janis
Indiana Law Journal
Many firms invest heavily in the way their products look, and they rely on a handful of intellectual property regimes to stop rivals from producing look-alikes. Two of these regimes—copyright and trademark—have been closely scrutinized in intellectual property scholarship. A third, the design patent, remains little understood except among specialists. In particular, there has been virtually no analysis of the design patent system’s core assumption: that the rules governing patents for inventions should be incorporated en masse for designs.
One reason why the design patent system has remained largely unexplored in the literature is that scholars have never explained how …
Vara’S Orphans: How Indigenous Artists Can Still Look For Hope In The Moral Rights Regime, Amy Skelton
Vara’S Orphans: How Indigenous Artists Can Still Look For Hope In The Moral Rights Regime, Amy Skelton
Indiana Journal of Law and Social Equality
No abstract provided.
The Granting Clause And Intellectual Property Rights Management In Open-Source Software Licensing, Vikrant N. Vasudeva
The Granting Clause And Intellectual Property Rights Management In Open-Source Software Licensing, Vikrant N. Vasudeva
IP Theory
No abstract provided.
Goodwill U: School Name Change & Trademark Law, Alexandra J. Roberts
Goodwill U: School Name Change & Trademark Law, Alexandra J. Roberts
IP Theory
No abstract provided.
A Twenty-Year Retrospective On United States Trademark Law In Ten Cases, Marshall Leaffer
A Twenty-Year Retrospective On United States Trademark Law In Ten Cases, Marshall Leaffer
Articles by Maurer Faculty
No abstract provided.
Ip Protection Of Fashion Design: To Be Or Not To Be, That Is The Question, Xinbo Li
Ip Protection Of Fashion Design: To Be Or Not To Be, That Is The Question, Xinbo Li
IP Theory
No abstract provided.
Newman, J., Dissenting: Another Vision Of The Federal Circuit, Blake R. Hartz
Newman, J., Dissenting: Another Vision Of The Federal Circuit, Blake R. Hartz
IP Theory
No abstract provided.
Naming, Identity, And Trademark Law, Laura A. Heymann
Naming, Identity, And Trademark Law, Laura A. Heymann
Indiana Law Journal
As the process of creation in the age of digital media becomes more fluid, one pervasive theme has been the desire for attribution: from the creator’s perspective, to receive credit for what one does (and to have credit not falsely attributed) and from the audience’s perspective, to understand the source of material with which one engages. But our norms of attribution reflect some inconsistencies in defining the relationship among name, identity, and authenticity. A blog post by a writer identified only by a pseudonym may prove to be very influential in the court of public opinion, while the use of …
A Cause Of Action For "Passing Off/Associational Marketing", Margreth Barrett
A Cause Of Action For "Passing Off/Associational Marketing", Margreth Barrett
IP Theory
The Trademark Scholars Roundtable participants discussed a wide range of approaches to understanding and limiting the ever-increasing sprawl of trademark rights. It was a productive and stimulating discussion. In this essay, I would like to combine some of my own ideas with points and suggestions made by the other participants, to sketch out a possible judicial approach to regulating the sprawl. Before discussing a potential solution, however, it is important to understand the nature of the problem, and some of its primary causes.
Section I will discuss the problem and set the stage for my proposal. Section II will then …
Dilution's (Still) Uncertain Future, Mark D. Janis, Graeme B. Dinwoodie
Dilution's (Still) Uncertain Future, Mark D. Janis, Graeme B. Dinwoodie
Articles by Maurer Faculty
No abstract provided.
Entertainment Title Duplication Cases: A Process Of Evolution
Entertainment Title Duplication Cases: A Process Of Evolution
Indiana Law Journal
No abstract provided.