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Full-Text Articles in Law

1997 Survey Of Trademark Decisions By The Court Of Appeals For The Federal Circuit , Julia Anne Matheson, Douglas A. Rettew Aug 1998

1997 Survey Of Trademark Decisions By The Court Of Appeals For The Federal Circuit , Julia Anne Matheson, Douglas A. Rettew

American University Law Review

No abstract provided.


Internet Infoglut And Invisible Ink: Spamdexing Search Engines With Meta Tags, Ira Nathenson Jan 1998

Internet Infoglut And Invisible Ink: Spamdexing Search Engines With Meta Tags, Ira Nathenson

Ira Steven Nathenson

This Article addresses 'spamdexing,' namely, the practice of stuffing invisible keywords into webpages in order to try to get more favorable listings with search engines. For instance, some website owners will stuff the trademarks of competitors into a webpage’s code, particularly by using 'meta tags,' indexing keywords that can be hidden in a webpage’s source code. Although meta tags are not typically viewed by users, the code can be read by search engines, with the result that webpages may be improperly boosted in search engine rankings. Such practices can confuse the public and have also spurred trademark lawsuits. But the …


The New World Of International Trademark Law, Marshall A. Leaffer Jan 1998

The New World Of International Trademark Law, Marshall A. Leaffer

Marquette Intellectual Property Law Review

Professor Leaffer discusses how the globalization process has forced evolution of international norms and favorably changed the face of trademark law. Professor Leaffer reviews the new developments in major treaties, the Madrid Protocol and the Trademark Law Treaty, and regional treaties, such as the new Community Trademark, and how they continue to build upon the progress of the Paris Convention toward harmonization in the world of international trademark law. Professor Leaffer explains that the benefits from the trend toward harmonization will be enjoyed not only by trademark owners, but also by consumers whose welfare will be enhanced by harmonization.


Trademark Harmonization: Norms, Names & Nonsense, Kenneth L. Port Jan 1998

Trademark Harmonization: Norms, Names & Nonsense, Kenneth L. Port

Marquette Intellectual Property Law Review

Professor Port provides a comment on Marshall A. Leaffer's article that offers another viewpoint on the important issue of the globalization process and trademark law. Rather than seeking ideals of international trademark laws through harmonization, Professor Port suggests that a better objective is internationalization. Professor Port explains that harmonization of international trademark law will be impossible as long as world communities adhere to territorial justifications for sovereignty and jurisdiction. Because goods flow in the reality of an international market, Professor Port reasons that initiatives to avoid inefficiencies and uncertainties of global trademark laws should be directed toward internationalization.


The Smell Of Success: Trade Dress Protection For Scent Marks, Faye M. Hammersley Jan 1998

The Smell Of Success: Trade Dress Protection For Scent Marks, Faye M. Hammersley

Marquette Intellectual Property Law Review

The author discusses the implications of the United States Patent and Trademark Trial and Appeal Board decision In re Clarke, where the Patent and Trademark Office first issued trademark registration for a fragrance. Hammersley discusses expanding trade dress protection to include scents, the positive aspects of scent protection, and the potential of registering scents under current legal standards.


No Protection, No Progress For Graphical User Interfaces, Jane M. Rolling Jan 1998

No Protection, No Progress For Graphical User Interfaces, Jane M. Rolling

Marquette Intellectual Property Law Review

The Author examines the courts' reluctance to grant intellectual property protection to graphic user interfaces, the visual elements of computer software. Rolling suggests that software manufacturers should seek trade dress protection of graphic user interfaces.


"Gathering His Beames With A Christall Glass": The Intellectual Property Jurisprudence Of Stephen G. Breyer, Gordon R. Shea Jan 1998

"Gathering His Beames With A Christall Glass": The Intellectual Property Jurisprudence Of Stephen G. Breyer, Gordon R. Shea

Marquette Intellectual Property Law Review

Focusing on Qualitex v. Jacobs Products, an opinion authored by Supreme Court Justice Breyer that extends trademark protection to colors, the Author examines Justice Breyer's attitude toward intellectual property law, how Justice Breyer's views were extended in Qualitex, and how Justice Breyer's views may affect intellectual property law in the future.