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Full-Text Articles in Law
The Extended Protection Of "Strong" Trademarks, Nicola Bottero, Andrea Mangani, Marco Ricolfi
The Extended Protection Of "Strong" Trademarks, Nicola Bottero, Andrea Mangani, Marco Ricolfi
Marquette Intellectual Property Law Review
Economic investment in trademarks is not necessarily indicative of product quality, as trademark protection does not provide incentive for continuous product quality improvement. The authors begin their analysis by exploring the function of trademarks from the perspectives of traditional law and economics. Such an analysis points to a conflict between the legal and economic interpretation of the function of trademarks. Particularly, the authors suggest that the traditional economic perspective of trademarks fails to justify the legal existence of strong brands and their extensions. This argument is tested through the review of advertising, brand extension, and product quality literature. The authors …
That’S A Fine Chablis You’Re Not Drinking: The Proper Place For Geographical Indications In Trademark Law., Justin Hughes, Lynne Beresford, Annette Kur, Kenneth Plevan, Susan Scafidi
That’S A Fine Chablis You’Re Not Drinking: The Proper Place For Geographical Indications In Trademark Law., Justin Hughes, Lynne Beresford, Annette Kur, Kenneth Plevan, Susan Scafidi
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Geographical Indications: The Current Landscape., Lynne Beresford
Geographical Indications: The Current Landscape., Lynne Beresford
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Nothing But A Gi Thing: Geographical Indications Under Eu Law., Annette Kur, Sam Cocks
Nothing But A Gi Thing: Geographical Indications Under Eu Law., Annette Kur, Sam Cocks
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Consumer Gripe Sites, Intellectual Property Law, And The Use Of Cease-And-Desist Letters To Chill Protected Speech On The Internet. , Rachael Braswell
Consumer Gripe Sites, Intellectual Property Law, And The Use Of Cease-And-Desist Letters To Chill Protected Speech On The Internet. , Rachael Braswell
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Trademark Jurisprudence Of Judge Rich, Jeffrey M. Samuels, Linda B. Samuels
The Trademark Jurisprudence Of Judge Rich, Jeffrey M. Samuels, Linda B. Samuels
American University Law Review
For nearly forty-three years, Giles Sutherland Rich served as a member of the U.S. Court of Customs and Patent Appeals (C.C.P.A.) and its successor court, the U.S. Court of Appeals for the Federal Circuit. Judge Rich is widely regarded as one of the most influential jurists in the area of patent law—and rightfully so. Less well known is that Judge Rich also authored many significant decisions in the area of trademark law. Judge Rich’s opinions in the area of trademarks span the spectrum of trademark registrability issues and explore important issues of public policy. This Article reviews a number of …
The Sunset Of "Quality Control" In Modern Trademark Licensing, Irene Calboli
The Sunset Of "Quality Control" In Modern Trademark Licensing, Irene Calboli
American University Law Review
Historically, based on the premise that trademark protection is about consumer welfare, trademark law has allowed trademark licensing only as long as licensors control the quality of the products bearing the licensed marks. Ever since its adoption, however, this rule has been difficult to enforce because it hinges on a concept that is ambiguous and difficult to frame in a legal context: quality control. Unsurprisingly, the consequence has been inconsistent case law and much uncertainty as to what represents valid licensing. In addition, in the past decades, courts have proven increasingly reticent to strictly apply this rule and have declared …
From Infringement To Innovation: Counterfeiting And Enforcement In The Brics, J. Benjamin Bai, Keith D. Lindenbaum, Yi Qian, Cynthia Ho
From Infringement To Innovation: Counterfeiting And Enforcement In The Brics, J. Benjamin Bai, Keith D. Lindenbaum, Yi Qian, Cynthia Ho
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Existing Legal Infrastructure Of Brics: Where Have We Been And Where Are We Going?, Robert B. Ahdieh, Zhu (Julie) Lee, Srividhya Ragavan, Kevin Noonan, Clinton W. Francis
The Existing Legal Infrastructure Of Brics: Where Have We Been And Where Are We Going?, Robert B. Ahdieh, Zhu (Julie) Lee, Srividhya Ragavan, Kevin Noonan, Clinton W. Francis
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Washington "Redskins" -Disparaging Term Or Valuable Tradition?: Legal And Economic Issues Concerning Harjo V. Pro-Football, Inc., Mark S. Nagel, Daniel A. Rascher
Washington "Redskins" -Disparaging Term Or Valuable Tradition?: Legal And Economic Issues Concerning Harjo V. Pro-Football, Inc., Mark S. Nagel, Daniel A. Rascher
Fordham Intellectual Property, Media and Entertainment Law Journal
"I'll never change the name of the Redskins. You have my word on that. In addition to that, it's really what the Redskins mean that's not quite out there.., what it means is tradition. It means winning. It means a great tradition for the franchise."
-Daniel Snyder (owner of the Washington Redskins).
"A long habit of not thinking a thing wrong gives it a superficial appearance of being right, and raises at first a formidable outcry in defense of custom."
-Thomas Paine.