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Full-Text Articles in Law

Judicial Speculation On Consumer Impression: The Pitfalls Of Measuring Trademark Tacking As A Question Of Law, Megan Majcher Hartnett Oct 2014

Judicial Speculation On Consumer Impression: The Pitfalls Of Measuring Trademark Tacking As A Question Of Law, Megan Majcher Hartnett

Catholic University Law Review

Trademark tacking allows a mark owner to adjust her mark without losing protection. The test for determining whether tacking is appropriate is whether the new mark is the legal equivalent of the old. This equivalency is measured by evaluating the continuing commercial impression created by the marks. A circuit split has developed over whether this test is a question of law or a question of fact. This Comment argues that the continuing commercial impression test is ill-suited to be measured as a question of law. Initially, this Comment focuses on how commercial impression is a fact-based inquiry and should be …


The Positive And Negative Consequences Of The European Union Court Of Justice's Amazon Decision On International Private Copying And America, Jaclyn Kavendek Aug 2014

The Positive And Negative Consequences Of The European Union Court Of Justice's Amazon Decision On International Private Copying And America, Jaclyn Kavendek

Catholic University Law Review

No abstract provided.


The Narrowest And Most Obvious Limits: Applying Fair Use To Appropriation Art Economically Using A Royalty System, Brittani Everson Aug 2014

The Narrowest And Most Obvious Limits: Applying Fair Use To Appropriation Art Economically Using A Royalty System, Brittani Everson

Catholic University Law Review

No abstract provided.


Trademarks And Transducers: The First Circuit Court Of Appeals Decides On The Standard Of Proof Required To Show Willful Infringement In Lanham Act Cases, Peter Karalis Jun 2014

Trademarks And Transducers: The First Circuit Court Of Appeals Decides On The Standard Of Proof Required To Show Willful Infringement In Lanham Act Cases, Peter Karalis

Catholic University Law Review

No abstract provided.


In Personam And Beyond The Grasp: In Search Of Jurisdiction And Accountability For Foreign Defendants, Andrew F. Popper Apr 2014

In Personam And Beyond The Grasp: In Search Of Jurisdiction And Accountability For Foreign Defendants, Andrew F. Popper

Catholic University Law Review

No abstract provided.