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Full-Text Articles in Law
Post No Bills: Can The Nba Prohibit Its Players From Wearing Tattoo Advertisements?, John Vukelj
Post No Bills: Can The Nba Prohibit Its Players From Wearing Tattoo Advertisements?, John Vukelj
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Panel Iii: Trademark And Publicity Rights Of Athletes, Edward Kelman, Bruce Meyer, Dennis Niermann, Mike Principe
Panel Iii: Trademark And Publicity Rights Of Athletes, Edward Kelman, Bruce Meyer, Dennis Niermann, Mike Principe
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Why The Initially Confused Should Get A Clue: The Battle Between Trademark Infringement And Consumer Choice Online, John Handy
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Panel Iii: Trademark And Publicity Rights Of Athletes, Edward Kelman, Bruce Meyer, Dennis Niermann, Mike Principe
Panel Iii: Trademark And Publicity Rights Of Athletes, Edward Kelman, Bruce Meyer, Dennis Niermann, Mike Principe
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Post No Bills: Can The Nba Prohibit Its Players From Wearing Tattoo Advertisements?, John Vukelj
Post No Bills: Can The Nba Prohibit Its Players From Wearing Tattoo Advertisements?, John Vukelj
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Semiotics Of The Scandalous And The Immoral And The Disparaging: Section 2(A) Trademark Law After Lawrence V. Texas, Llewellyn Joseph Gibbons
Semiotics Of The Scandalous And The Immoral And The Disparaging: Section 2(A) Trademark Law After Lawrence V. Texas, Llewellyn Joseph Gibbons
Marquette Intellectual Property Law Review
This article explores whether the holding in Lawrence v. Texas may be extended to trademark law. Under section 2(a), some symbols may not serve as trademarks because they may be scandalous, immoral, or disparaging, which is of particular interest to the Queer community. For some, arguably at least a substantial composite of the American people, the relevant test group for scandal or immorality, under section 2(a), the mere existence of queers constitute scandal and immorality and terms of pride and endearment with which they express their sexuality in concrete form are a further example of immorality. Under these circumstances, Lawrence …
The Naked Licensing Doctrine Exposed: How Courts Interpret The Lanham Act To Require Licensors To Police Their Licensees & Why This Requirement Conflicts With Modern Licensing Realities & The Goals Of Trademark Law , Rudolph J. Kuss
Marquette Intellectual Property Law Review
This Comment discusses the naked licensing doctrine, under which trademark owners may lose their trademark protection through failing to exercise control over their licensees. Even though the Lanham Act holds that abandonment of trademark rights is only appropriate when a trademark has lost its significance, courts have held that a trademark owner may abandon its rights through naked licensing when it breaches its affirmative duty to police its licensees. In other words, these courts find abandonment even when there is no evidence that the quality of the goods and services sold under the trademark has declined. This Comment argues that …
Who Owns The Internet? Ownership As A Legal Basis For American Control Of The Internet, Markus Muller
Who Owns The Internet? Ownership As A Legal Basis For American Control Of The Internet, Markus Muller
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Who Owns The Internet? Ownership As A Legal Basis For American Control Of The Internet, Markus Muller
Who Owns The Internet? Ownership As A Legal Basis For American Control Of The Internet, Markus Muller
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Knocking Out Knock-Offs: Effectuating The Criminalization Of Trafficking In Counterfeit Goods, Lauren D. Amendolara
Knocking Out Knock-Offs: Effectuating The Criminalization Of Trafficking In Counterfeit Goods, Lauren D. Amendolara
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Knocking Out Knock-Offs: Effectuating The Criminalization Of Trafficking In Counterfeit Goods, Lauren D. Amendolara
Knocking Out Knock-Offs: Effectuating The Criminalization Of Trafficking In Counterfeit Goods, Lauren D. Amendolara
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Spawn Of Learned Hand-A Reexamination Of Copyright Protection And Fictional Characters: How Distinctly Delineated Must The Story Be Told?, Gregory S. Schienke
The Spawn Of Learned Hand-A Reexamination Of Copyright Protection And Fictional Characters: How Distinctly Delineated Must The Story Be Told?, Gregory S. Schienke
Marquette Intellectual Property Law Review
Fictional characters are the backbone of the multi-billion dollar entertainment industry. Since the early twentieth century, the owners of fictional characters have recognized that there is money to be made in derivative products featuring those characters and move swiftly to stop infringing use of those characters. Learned Hand, in passing, allowed that fictional characters could be protected through copyright law if the characters were distinctly delineated. Since then, the courts have created a piecemeal protective-strategy involving trademark and copyright law to protect fictional characters. The Seventh Circuit in Gaiman v. McFarlane, continued using the traditional analysis, that copyrightability for a …
Making A Mark In The Internet Economy: A Trademark Analysis Of Search Engine Advertising, Mark Bartholomew
Making A Mark In The Internet Economy: A Trademark Analysis Of Search Engine Advertising, Mark Bartholomew
Oklahoma Law Review
No abstract provided.
Defining The Limits Of The Eu Essential Facilities Doctrine On Intellectual Property Rights: The Primacy Of Securing Optimal Innovation, James Turney
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The End Of Federalism In Telecommunication Regulations?, Douglas C. Sicker
The End Of Federalism In Telecommunication Regulations?, Douglas C. Sicker
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Trademarks Or Copyrights: Which Intellectual Property Right Affords Its Owner The Greatest Protection Of Architectural Ingenuity?, Rashida Y.V. Macmurray
Trademarks Or Copyrights: Which Intellectual Property Right Affords Its Owner The Greatest Protection Of Architectural Ingenuity?, Rashida Y.V. Macmurray
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Ambush Marketing: The Off-Field Competition At The Olympic Games, Jason K. Schmitz
Ambush Marketing: The Off-Field Competition At The Olympic Games, Jason K. Schmitz
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Intellectual Property And Genetically Modified Seeds: The United States, Trade, And The Developing World, Haley Stein
Intellectual Property And Genetically Modified Seeds: The United States, Trade, And The Developing World, Haley Stein
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Comparative Advertising In The United States And In France, Charlotte J. Romano
Comparative Advertising In The United States And In France, Charlotte J. Romano
Northwestern Journal of International Law & Business
Comparative advertising has been widely used for over thirty years in the United States. By contrast, the use of this advertising format has traditionally been-and still is-very marginal in France. The term "comparative advertising" refers to any form of advertising in which a trademark owner draws a comparison between his product, service, or brand and that of a competitor. The central issue of this article is to determine why, despite identical guiding policies, comparative advertising remains unusual in France while it is commonplace in the United States. Attempting to answer that question unavoidably raises numerous related issues: can the two …