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Articles 1 - 13 of 13
Full-Text Articles in Law
Cocaine-Cola, The Velvet Elvis, And Anti-Barbie: Defending The Trademark And Publicity Rights To Cultural Icons, Steven M. Cordero
Cocaine-Cola, The Velvet Elvis, And Anti-Barbie: Defending The Trademark And Publicity Rights To Cultural Icons, Steven M. Cordero
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
How Early Did Anglo-American Trademark Law Begin? An Answer To Schechter's Conundrum, Keith M. Stolte
How Early Did Anglo-American Trademark Law Begin? An Answer To Schechter's Conundrum, Keith M. Stolte
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Trademark Prosecution In The Patent And Trademark Office And Litigation In The Trademark Trial And Appeal Board, David W. Ehrlich, Richard A. Friedman, Donna L. Mirman, T. Jeffrey Quinn
Trademark Prosecution In The Patent And Trademark Office And Litigation In The Trademark Trial And Appeal Board, David W. Ehrlich, Richard A. Friedman, Donna L. Mirman, T. Jeffrey Quinn
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Trademark Surveys: Identifying The Relevant Universe Of Confused Consumers, Shashank Upadhye
Trademark Surveys: Identifying The Relevant Universe Of Confused Consumers, Shashank Upadhye
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Keep It Real: A Call For A Broader Quality Control Requirement In Trademark Law , Noah D. Genel
Keep It Real: A Call For A Broader Quality Control Requirement In Trademark Law , Noah D. Genel
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Showdown At The Domain Name Corral: Property Rights And Personal Jurisdiction Over Squatters, Poachers And Other Parasites, Ira Nathenson
Showdown At The Domain Name Corral: Property Rights And Personal Jurisdiction Over Squatters, Poachers And Other Parasites, Ira Nathenson
Ira Steven Nathenson
This paper on domain names disputes has two main goals. The first is to analyze the principal points of litigation in domain name disputes, namely, personal jurisdiction and trademark liability. The second is to propose an analytic framework to better help resolve matters of jurisdiction and liability. Regarding personal jurisdiction, domain names are problematic because an internet site can be viewed almost anywhere, potentially subjecting the domain name owner to suit everywhere. For example, should a Florida domain name owner automatically be subject to suit in Alaska where the site can be viewed? If not, then where? Regarding liability, trademark …
Protecting Folklore Of Indigenous Peoples: Is Intellectual Property The Answer?, Christine Farley
Protecting Folklore Of Indigenous Peoples: Is Intellectual Property The Answer?, Christine Farley
Articles in Law Reviews & Other Academic Journals
What can the Navajos do to prevent non-Navajos from using Navajo rug patterns to produce rugs overseas using cheap material and labor, thereby undercutting the Navajos themselves in a market for their famous rugs? What can the Australian Aboriginal peoples do when their sacred and secret imagery is reporduced on carpets they did not make, and sold to non-Aboriginals, who will inevitably walk on them? Do these communities have any legal rights to these pieces of their culture? Does the law provide any means for them to take back their culture or to prevent further poaching?https://papers.ssrn.com/sol3/papers.cfm?abstract_id=923410
The European "Community Trade Mark": Is It Worth The Bother?, Daniel G. Radler
The European "Community Trade Mark": Is It Worth The Bother?, Daniel G. Radler
Marquette Intellectual Property Law Review
In growing regional societies such as the European Union, there is a recognized need for standardization of trademark protection. Radler discusses the recent creation of the "Community Trade Mark" ("CTM") and analyzes the pros, the cons, and the alternatives to regional trademark protection within the EU. Concluding that the CTM is the most appropriate alternative, Radler suggests that the CTM provides uniformity, efficiency, and a means for further harmonization.
The Internet: Is It Broadcasting?, Jonathan I. Ezor, Peter Brown, Peggy Miles
The Internet: Is It Broadcasting?, Jonathan I. Ezor, Peter Brown, Peggy Miles
Touro Law Review
No abstract provided.
The Name Is Not Always The Same, Neal J. Friedman, Kevin Siebert
The Name Is Not Always The Same, Neal J. Friedman, Kevin Siebert
Seattle University Law Review
This Article explores the present Internet addressing system, the history of trademark disputes on the Internet, and proposals for resolving these disputes. Part I provides a brief history of the Internet, discusses its addressing system, and explains the use of domain names as identifiers for companies on the Internet. Part II introduces the current system for registering Internet domain names and the problems associated with its structure. Part III gives a brief background of trademark law and tracks the evolution of disputes that have arisen as a result of the intersection of the Internet and trademark law. Finally, Part IV …
Language Of The Law: The Special Role And Trademarks, Trade Names, And Other Trade Emblems., John T. Cross
Language Of The Law: The Special Role And Trademarks, Trade Names, And Other Trade Emblems., John T. Cross
Faculty Scholarship
In 1979, the United States Supreme Court decided Friedman v. Rogers, a case involving a First Amendment challenge to a Texas statute that prohibited optometrists from practicing under an assumed trade name. Although an important case, Friedman certainly is not one of the major milestones of First Amendment jurisprudence. Prior Supreme Court decisions established that although commercial speech is protected by the First Amendment, government may regulate speech to prevent deception or confusion. Because a majority in Friedman found a possibility of deception, the Court held that Texas could constitutionally prohibit the use of a trade name. Friedman becomes much …
Reverse Passing Off: Preventing Healthy Competition, Catherine Romero Wright
Reverse Passing Off: Preventing Healthy Competition, Catherine Romero Wright
Seattle University Law Review
In order to protect creativity, the development of products, and access to the marketplace, the Ninth Circuit should readopt the strict bodily appropriations test when determining whether a plaintiff has a legitimate claim under the Lanham Act for reverse passing off. This test protects product originators from having their products mislabeled and it protects entrepreneurs like Chad, who can make valuable contributions to products. This Comment begins with a brief description of the origins of reverse passing off, followed by its evolution in the Ninth Circuit. The expansion of this cause of action in some other circuits is examined; and …
Virtual Trade Dress: A Very Real Problem, Tom Bell
Virtual Trade Dress: A Very Real Problem, Tom Bell
Tom W. Bell
A tragedy looms for trade dress. Encouraged by bad case law and tempted by new technologies, trade dress threatens to assume a role properly reserved for other forms of intellectual property. Trade dress should aim primarily at protecting the public from confusing the features that identify goods and services. Current trends, however, risk expanding trade dress until it constitutes the very commodities that it once merely identified. Superficially genuine but fundamentally artificial, this is virtual trade dress.