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Intellectual Property Law

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Touro Law Review

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Full-Text Articles in Law

Franchising Law In The United States Between Theory And Practice: Heads Up For Foreign Investors, Radwa Elsaman Jan 2024

Franchising Law In The United States Between Theory And Practice: Heads Up For Foreign Investors, Radwa Elsaman

Touro Law Review

As a dynamic vehicle for fostering investment opportunities, both domestically and internationally, franchising spans a diverse array of industrial sectors, encompassing both goods and services. The United States plays a highly influential role in global franchise industry promotion, with a vast majority of International Franchise Association members representing American companies. Present data underscores that franchising has extended its reach to virtually every sector of the American economy. Notably, the United States stands among just four common law nations that have established dedicated franchise legislation, operating at both state and federal levels. This framework includes provisions for pre-sale disclosure, registration of …


#Protected Hashtags, Trademarks, And The First Amendment, Delaram Yousefi Jan 2017

#Protected Hashtags, Trademarks, And The First Amendment, Delaram Yousefi

Touro Law Review

No abstract provided.


Victor Can Keep His Little Secret Unless Victoria's Secret Is Actually Harmed, Shafeek Seddiq Apr 2015

Victor Can Keep His Little Secret Unless Victoria's Secret Is Actually Harmed, Shafeek Seddiq

Touro Law Review

No abstract provided.


The Registrability Of Primarily Geographically Deceptively Misdescriptive Marks: The Development Of § 1052(E)(3), Courtney Liotti Jun 2014

The Registrability Of Primarily Geographically Deceptively Misdescriptive Marks: The Development Of § 1052(E)(3), Courtney Liotti

Touro Law Review

No abstract provided.


Determining The Location Of Injury For New York's Long Arm Statute In An Infringement Claim, Stefan Josephs Mar 2014

Determining The Location Of Injury For New York's Long Arm Statute In An Infringement Claim, Stefan Josephs

Touro Law Review

No abstract provided.


The Look For Less: A Survey Of Intellectual Property Protections In The Fashion Industry, Nicole Giambarrese Dec 2012

The Look For Less: A Survey Of Intellectual Property Protections In The Fashion Industry, Nicole Giambarrese

Touro Law Review

Currently, there are no copyright protections for fashion designs in the United States. Proposed legislation that would provide such protection has been sitting in Congress for two years. Further, the Lanham Trademark Act only protects the origin of products, such as logos and trademarks. Even with the current available trademark protection, fashion houses, such as Louis Vuitton, and luxury jewelry firms, such as Tiffany & Company, have seen the Second Circuit make it more difficult to assert the protection. This increasing difficulty is due to a fear of overextending monopolies and taking an affirmative stance on who has the burden …


If It's Not Ripped, Why Sew It? An Analysis Of Why Enhanced Intellectual Property Protection For Fashion Design Is In Poor Taste, Kari Heyison Jul 2012

If It's Not Ripped, Why Sew It? An Analysis Of Why Enhanced Intellectual Property Protection For Fashion Design Is In Poor Taste, Kari Heyison

Touro Law Review

No abstract provided.


Imitation Is The Sincerest Form Of Flattery, But Is It Infringement? The Law Of Tribute Bands, Michael S. Newman Jul 2012

Imitation Is The Sincerest Form Of Flattery, But Is It Infringement? The Law Of Tribute Bands, Michael S. Newman

Touro Law Review

No abstract provided.


The Internet: Is It Broadcasting?, Jonathan I. Ezor, Peter Brown, Peggy Miles Jan 1997

The Internet: Is It Broadcasting?, Jonathan I. Ezor, Peter Brown, Peggy Miles

Touro Law Review

No abstract provided.