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Full-Text Articles in Law
Trademark As Promise, Laura A. Heymann
12th Annual Conference On Recent Developments In Ip Law And Policy, William T. Gallagher, Marc H. Greenberg
12th Annual Conference On Recent Developments In Ip Law And Policy, William T. Gallagher, Marc H. Greenberg
Intellectual Property Law
Program booklet and handouts for the IP Law Center at Golden Gate University School of Law's 12th Annual Conference on Recent Developments in IP Law and Policy.
Trademarks As Search Engine Keywords: Much Ado About Something?, David Franklyn, David A. Hyman
Trademarks As Search Engine Keywords: Much Ado About Something?, David Franklyn, David A. Hyman
Publications
We report on the results of a two-part study, including three online consumer surveys and a coding study of the results when 2500 trademarks were run through three search engines. Consumer goals and expectations turn out to be quite heterogeneous: a majority of consumers use brand names to search primarily for the branded goods, but most consumers are open to purchasing competing products. We find little evidence of traditional actionable consumer confusion regarding the source of goods, but only a small minority of consumers correctly and consistently distinguished paid ads from unpaid search results, or noticed the labels that search …
Wag The Dog: Using Incidental Intellectual Property Rights To Block Parallel Imports, Mary Lafrance
Wag The Dog: Using Incidental Intellectual Property Rights To Block Parallel Imports, Mary Lafrance
Scholarly Works
Federal law grants owners of intellectual property rights different degrees of control over parallel imports depending on the nature of their exclusive rights. While trademark owners enjoy strong control over unauthorized imports bearing their marks, their protection is less comprehensive than that granted to owners of copyrights and patents. To broaden their rights, some trademark owners have incorporated copyrighted material into their products or packaging, enabling them to block otherwise lawful imports in contravention of the policies underlying trademark law. A 2013 Supreme Court decision has significantly narrowed the importation ban of copyright law, but there may be pressure to …
Intellectual Property Defenses, Gideon Parchomovsky, Alex Stein
Intellectual Property Defenses, Gideon Parchomovsky, Alex Stein
All Faculty Scholarship
In this Essay, we offer an integrated theory of intellectual property defenses. We demonstrate that all intellectual property defenses can be fitted into three conceptual categories: general, individualized and class defenses. A general defense is the inverse of a right in rem. It goes to the validity of the intellectual property right asserted by the plaintiff, and when raised successfully it relieves not only the actual defendant, but also the public at large, of the duty to comply with the plaintiff’s intellectual property right. An individualized defense, as we define it, is the inverse of an in personam right: it …
Don't Just Cover The Engineering Design Process, Patent It!, Philip A. Reed
Don't Just Cover The Engineering Design Process, Patent It!, Philip A. Reed
STEMPS Faculty Publications
The article discusses the importance of understanding intellectual property (IP) concept for students of engineering design process. It highlights that IP classification are of four types which includes patent, trademarks and copyright. The article further offers brief information on process of obtaining a utility patent for technological inventions.
Marks, Morals, And Markets, Jeremy N. Sheff
Marks, Morals, And Markets, Jeremy N. Sheff
Faculty Publications
The prevailing justification for trademark law depends on economic arguments that cannot account for much of the law's recent development, nor for mounting empirical evidence that consumer decisionmaking is inconsistent with assumptions of rational choice. But the only extant theoretical alternative to economic analysis is a Lockean "natural rights" theory that scholars have found even more unsatisfying. This Article proposes a third option. I analyze the law of trademarks and unfair competition as a system of moral obligations between producers and consumers. Drawing on the contractualist tradition in moral philosophy, I develop and apply a new theoretical framework to evaluate …