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Full-Text Articles in Law
Ip Remedies After Ebay: Assessing The Impact On Trademark Law, Sandra Rierson
Ip Remedies After Ebay: Assessing The Impact On Trademark Law, Sandra Rierson
Akron Intellectual Property Journal
The Supreme Court's decision in eBay Inc. v. MercExchange, L.L.C. changed the law regarding remedies in patent cases - specifically the "general rule... that a permanent injunction will issue once infringement and validity have been adjudged. Prior to eBay, the Federal Circuit held that injunctive relief was an inappropriate remedy for patent infringement only in a narrow category of cases in which enjoining an infringer would frustrate an important public interest. The Supreme Court rejected that assumption, holding instead that plaintiffs seeking this form of remedy for patent infringement were required to satisfy the traditional, four-factor test for injunctive relief. …
Truth In Intellectual Property Revisited: Embracing Ebay At The Edge, Thomas C. Folsom
Truth In Intellectual Property Revisited: Embracing Ebay At The Edge, Thomas C. Folsom
Akron Intellectual Property Journal
In addition to whatever else it might do to serve the public interest, intellectual property diminishes the commons. To that extent, any particular intellectual property claim intersects the public interest and affects more than just the immediate parties. Not only does intellectual property diminish the commons, but also each of its disciplines contains an almost casually incoherent metaphysic. There is incoherence, if not at the core, at least at the critical edges of intellectual property law that is systemic and fundamental. Notwithstanding over 200 years of practice in the United States, the goal of establishing a sufficiently principled, practical and …
Passing The Virtual Buck: How The Ninth Circuit Used Contributory Trademark Law To Expand Liability For Web Hosts, Alessandra Backus
Passing The Virtual Buck: How The Ninth Circuit Used Contributory Trademark Law To Expand Liability For Web Hosts, Alessandra Backus
Journal of Intellectual Property Law
No abstract provided.
Convergence After All? A Comparative View On The U.S. And Eu Trademark System In The Light Of The "Trade Mark Study", Annette Kur
Convergence After All? A Comparative View On The U.S. And Eu Trademark System In The Light Of The "Trade Mark Study", Annette Kur
Journal of Intellectual Property Law
No abstract provided.
"Leave Little Guys Alone!": Protecting Small Businesses From Overly Litigious Corporations And Trademark Infringement Suits, Sara Marie Andrzejewski
"Leave Little Guys Alone!": Protecting Small Businesses From Overly Litigious Corporations And Trademark Infringement Suits, Sara Marie Andrzejewski
Journal of Intellectual Property Law
No abstract provided.
Collecting Attorneys' Fees Under The Lanham Act: The Shifting Definition Of An "Exceptional Case", Kevin R. Miller, Brian M. Block
Collecting Attorneys' Fees Under The Lanham Act: The Shifting Definition Of An "Exceptional Case", Kevin R. Miller, Brian M. Block
Seton Hall Circuit Review
No abstract provided.
A "Sunbeam" Of Hope: The Seventh Circuit's Solution Overcoming Disparaging Treatment To Trademark Licenses Under The Bankruptcy Code, Jarrod N. Cone
A "Sunbeam" Of Hope: The Seventh Circuit's Solution Overcoming Disparaging Treatment To Trademark Licenses Under The Bankruptcy Code, Jarrod N. Cone
Journal of Intellectual Property Law
No abstract provided.
Requiring Plaintiffs To Prove Irreparable Harm: “It Isn’T Right.” (Herb Reed Enters, Llc V. Fla Entm’T Mgmt. Inc. (9th Cir.2013)), Anthony Kremer
Requiring Plaintiffs To Prove Irreparable Harm: “It Isn’T Right.” (Herb Reed Enters, Llc V. Fla Entm’T Mgmt. Inc. (9th Cir.2013)), Anthony Kremer
The University of Cincinnati Intellectual Property and Computer Law Journal
No abstract provided.
Fashion Forward: The Need For A Proactive Approach To The Counterfeit Epidemic, Casey Tripoli
Fashion Forward: The Need For A Proactive Approach To The Counterfeit Epidemic, Casey Tripoli
Brooklyn Journal of International Law
In the last two decades, the overall activity of the counterfeit market has expanded and risen 10,000 percent. This dramatic shift corresponds to growth of the Internet, which has unified the fascination of obtaining cheap, illegitimate goods with the efficiency of a mouse click. With the expected continued inflation of the counterfeit market comes a host of new concerns, namely, how to determine who is responsible for the distribution of these knockoffs, and who should be ordained to limit them in the marketplace. In both the United States and the European Union, however, outdated laws produce a mélange of inadequate …
Color Blocking: How The Harmonization Of Color Protection May Catalyze Color Depletion In Global Markets, Arsha Hasan
Color Blocking: How The Harmonization Of Color Protection May Catalyze Color Depletion In Global Markets, Arsha Hasan
Indiana Journal of Global Legal Studies
The Qualitex decision in 1995 inspired trademark reformation and harmonization worldwide for the protection of color marks. While protecting color trademarks has not created issues of market entry in domestic markets, the growth in the number of transnational market participants and an increased utilization of non-traditional branding may catalyze color depletion in international trade. After exploring how current advertising expenditure requirements and distinctiveness requirements affect the registrability and protection of a color mark, this Note offers potential global reforms to help minimize hurdles for small scale transnational participants and the threat of international color depletion. Specifically, due to consumers' increasing …
Copyrights And Trademarks In Cyberspace: A Legal And Economic Analysis, Georgios I. Zekos
Copyrights And Trademarks In Cyberspace: A Legal And Economic Analysis, Georgios I. Zekos
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Keeping Tabs: When Will Ttab Decisions Have Preclusive Effect? Preclusive Effect Of T.T.A.B. Likelihood Of Confusion Decisions After B&B V. Hargis Industries, Brendan J. Ketchum
Keeping Tabs: When Will Ttab Decisions Have Preclusive Effect? Preclusive Effect Of T.T.A.B. Likelihood Of Confusion Decisions After B&B; V. Hargis Industries, Brendan J. Ketchum
Chicago-Kent Journal of Intellectual Property
No abstract provided.
College Athlete Rights After O'Bannon: Where Do College Athlete Intellectual Property Rights Go From Here?, Victoria Roessler
College Athlete Rights After O'Bannon: Where Do College Athlete Intellectual Property Rights Go From Here?, Victoria Roessler
Vanderbilt Journal of Entertainment & Technology Law
The recent O'Bannon v. NCAA decision, which gave student athletes a right in products that exploit their image and likeness, will have a profound impact on college athlete rights. This giant step forward will propel student athletes to fight for more intellectual property rights. Following the footsteps of professional athletes, these rights will likely include copyrighting sports moves, touchdown celebrations, and signature phrases as well as trademarking nicknames and touchdown dances. This Note encourages the adoption of a program giving student athletes these rights and allowing them to receive compensation, uncapped, that they would split evenly with his or her …