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Full-Text Articles in Law
Trademark's Grip Over Sustainability, Daniel R. Cahoy
Trademark's Grip Over Sustainability, Daniel R. Cahoy
University of Colorado Law Review
Entrepreneurs and larger firms are waking up to the fact that there is a viable market for recycled, repaired, and even upcycled goods. There is also an increasing desire on the consumer end for more sustainable products as well as measures to reduce landfill and other product disposal harms to the environment. Although some legal barriers to this new market are being actively debated, other barriers have taken a back seat and seem primed to surge only when increased business activity exposes the liability. This is the case with trademark law, which has the potential to substantially deter the small-firm …
The Adventure Of The Shrinking Public Domain, Elizabeth L. Rosenblatt
The Adventure Of The Shrinking Public Domain, Elizabeth L. Rosenblatt
University of Colorado Law Review
Several scholars have explored the boundaries of intellectual property protection for literary characters. Using as a case study the history of intellectual property treatment of Arthur Conan Doyle's fictional character Sherlock Holmes, this Article builds on that scholarship, with special attention to characters that appear in multiple works over time, and to the influences of formal and informal law on the entry of literary characters into the public domain. While copyright protects works of authorship only for a limited time, copyright holders have sought to slow the entry of characters into the public domain, relying on trademark law, risk aversion, …