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- Rosetta Stone v. Google (Joint Appendix) (8)
- Articles (5)
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Articles 1 - 30 of 31
Full-Text Articles in Law
Vol. Vi, Tab 38 - Ex. 24 - Email From Christopher Klipple, Christopher Klipple
Vol. Vi, Tab 38 - Ex. 24 - Email From Christopher Klipple, Christopher Klipple
Rosetta Stone v. Google (Joint Appendix)
Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?
Made In China: How Chinese Counterfeits Are Creating A National Security Nightmare For The United States, Laura C. Nastase
Made In China: How Chinese Counterfeits Are Creating A National Security Nightmare For The United States, Laura C. Nastase
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Vol. Vi, Tab 38 - Ex. 39 - Email From Michael Wu, Michael Wu
Vol. Vi, Tab 38 - Ex. 39 - Email From Michael Wu, Michael Wu
Rosetta Stone v. Google (Joint Appendix)
Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?
Vol. Vi, Tab 38 - Ex. 38 - Email From Michael Wu, Michael Wu
Vol. Vi, Tab 38 - Ex. 38 - Email From Michael Wu, Michael Wu
Rosetta Stone v. Google (Joint Appendix)
Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?
Vol. Vi, Tab 38 - Ex. 37 - Email From Michael Wu, Michael Wu
Vol. Vi, Tab 38 - Ex. 37 - Email From Michael Wu, Michael Wu
Rosetta Stone v. Google (Joint Appendix)
Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?
Panel Iii: Trademarks V. Free Speech In Cyberspace, Sonia Katyal, Robert Weisbein, William Mcgeveran, Brett Frischmann
Panel Iii: Trademarks V. Free Speech In Cyberspace, Sonia Katyal, Robert Weisbein, William Mcgeveran, Brett Frischmann
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Four Free Speech Goals For Trademark Law, William Mcgeveran
Four Free Speech Goals For Trademark Law, William Mcgeveran
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Enhanced Protections For Geographical Indications Under Trips: Potential Conflicts Under The U.S. Constitutional And Statutory Regimes, David Snyder
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Vol. Ix, Tab 41 - Ex 23 - Email From John Ramsey (Rosetta Stone Corporate Counsel), John Ramsey
Vol. Ix, Tab 41 - Ex 23 - Email From John Ramsey (Rosetta Stone Corporate Counsel), John Ramsey
Rosetta Stone v. Google (Joint Appendix)
Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?
2007 Trademark Law Decisions Of The Federal Circuit, Susan M. Kayser, David Jaquette
2007 Trademark Law Decisions Of The Federal Circuit, Susan M. Kayser, David Jaquette
American University Law Review
No abstract provided.
Vol. Vii, Tab 38 - Ex. 62 - Hagan Deposition (Former Google Managing Counsel - Trademarks, Jewelry Maker), Rose Hagan
Vol. Vii, Tab 38 - Ex. 62 - Hagan Deposition (Former Google Managing Counsel - Trademarks, Jewelry Maker), Rose Hagan
Rosetta Stone v. Google (Joint Appendix)
Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?
Vol. Ix, Tab 46 - Ex. 18 - Email From Gina Reinhold (Adwords Associate), Gina Reinhold
Vol. Ix, Tab 46 - Ex. 18 - Email From Gina Reinhold (Adwords Associate), Gina Reinhold
Rosetta Stone v. Google (Joint Appendix)
Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?
Vol. Vi, Tab 38 - Ex. 36 - Email From Michael Wu, Michael Wu
Vol. Vi, Tab 38 - Ex. 36 - Email From Michael Wu, Michael Wu
Rosetta Stone v. Google (Joint Appendix)
Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?
Big Boi, Dr. Seuss, And The King: Expanding The Constitutional Protections For The Satirical Use Of Famous Trademarks , Aaron Jaroff
Big Boi, Dr. Seuss, And The King: Expanding The Constitutional Protections For The Satirical Use Of Famous Trademarks , Aaron Jaroff
American University Law Review
No abstract provided.
Advertising And The Transformation Of Trademark Law, Mark Bartholomew
Advertising And The Transformation Of Trademark Law, Mark Bartholomew
Journal Articles
Despite the presence of a vigorous debate over the proper scope of trademark protection, scholars have largely ignored study of trademark law's origins. It would be a mistake, however, to ignore the history behind trademark law. Scrutiny of the formative era in American trademark law yields two important conclusions. First, courts granted robust legal protection to trademark holders in the early twentieth century because they accepted the benign view of advertising presented to them by advertisers. As advertising became linked to cultural progress and social cohesion, courts adopted doctrinal revisions to protect advertising's value that remain embedded in modern trademark …
New Research Uses For Patent And Trademark Data, Roger V. Skalbeck
New Research Uses For Patent And Trademark Data, Roger V. Skalbeck
Law Faculty Publications
In this article, I examine alternative uses for information found in patent and trademark filing databases, suggesting ways to locate a law firm's clients, perform competitive intelligence, and locate or investigate expert witnesses. Finally, I talk about an interesting non-law use of patent data, i.e., historical research.
Where's The Beef? Why Burger King Is Hungry Jack's In Australia And Other Complications In Building A Global Franchise Brand, Andrew Terry, Heather Forrest
Where's The Beef? Why Burger King Is Hungry Jack's In Australia And Other Complications In Building A Global Franchise Brand, Andrew Terry, Heather Forrest
Northwestern Journal of International Law & Business
The territorial nature of trademark law and the lack of a single universal registration system present challenges to franchisors and other brand proprietors expanding operations beyond the home market in which intellectual property rights have been secured. International treaties such as the Paris Convention for the Protection of Industrial Property, the Agreement on Trade-Related Aspects of Intellectual Property Rights ("TRIPS"), the Madrid Agreement, and the Madrid Protocol have attracted worldwide support and made significant inroads towards harmonization of trademark registrability criteria and the administration of the registration process. However, intellectual property rights are, by their very nature, rights granted by …
Email To Bob Bone Re: Idea Expression Dichotomy, Wendy J. Gordon
Email To Bob Bone Re: Idea Expression Dichotomy, Wendy J. Gordon
Scholarship Chronologically
This is to recap our discussion, to make sure we're on the same page, and carry this a bit further. I'm very excited.
Rescuecom Corp. V. Google, Inc.: A Misuse Of The Federal Trademark Doctrine Of Commercial Use, Jeffrey S. Fabian
Rescuecom Corp. V. Google, Inc.: A Misuse Of The Federal Trademark Doctrine Of Commercial Use, Jeffrey S. Fabian
Journal of Business & Technology Law
No abstract provided.
Louis Vuitton Malletier V. Dooney & Bourke, Inc.: Resisting Expansion Of Trademark Protection In The Fashion Industry, Ashley E. Hofmeister
Louis Vuitton Malletier V. Dooney & Bourke, Inc.: Resisting Expansion Of Trademark Protection In The Fashion Industry, Ashley E. Hofmeister
Journal of Business & Technology Law
No abstract provided.
Selling It First, Stealing It Later: The Trouble With Trademarks In Corporate Transactions In Bankruptcy, Xuan-Thao Nguyen
Selling It First, Stealing It Later: The Trouble With Trademarks In Corporate Transactions In Bankruptcy, Xuan-Thao Nguyen
Articles
Why does AI get two bites of the “Apple” trademark? Should AI be allowed to grant the right to use the trademark “perpetual and exclusive” with the sale of the music division and steal it back for free, ten years later? This article is part of an ongoing and broader inquiry into the intersection of trademark, contract and bankruptcy laws. This article argues that recent bankruptcy decisional law, notably the In re Exide Technologies decision, misunderstands the “perpetual and exclusive” trademark transaction, deeming it as an ordinary “license” when it is truly an outright sale. This article explains that the …
When Bias Is Bipartisan: Teaching About The Democratic Process In An Intellectual Property Law Republic, Ann Bartow
When Bias Is Bipartisan: Teaching About The Democratic Process In An Intellectual Property Law Republic, Ann Bartow
Law Faculty Scholarship
[Introduction]: Intellectual property law courses offer law professors the opportunity to teach a subject area rich with complicated statutory and court-made doctrines about which students do not usually have strong or extensively delineated moral views. I It also gives everyone in the classroom a refreshing break from the traditional partisanship of political party politics. Identification as a Democrat or Republican does not provide too much guidance or create too many expectations about a person's views of intellectual property issues, freeing classroom debates from the constrictions that political loyalties impose in so many other contexts.
Indirect Infringement From A Tort Law Perspective, Charles W. Adams
Indirect Infringement From A Tort Law Perspective, Charles W. Adams
University of Richmond Law Review
No abstract provided.
The Other Famous Marks Doctrine, Xuan-Thao Nguyen
The Other Famous Marks Doctrine, Xuan-Thao Nguyen
Articles
Debates on protection for famous trademarks often center around state and federal antidilution laws. Both the old Federal Trademark Dilution Act of 1995 and the new Trademark Dilution Revision Act of 2006 have generated many law review articles and numerous symposia. The dilution law focuses on trademarks deemed famous within U.S. boundaries. A debate on protection for famous trademarks today is incomplete without a discussion of the other famous marks doctrine. The other famous marks doctrine recognizes marks famous in other countries without actual use in the country where a user adopts the trademark on similar goods and services.
In …
Famous For Fifteen Minutes: Ip And Internet Social Networking, Patricia S. Abril, Jonathan Darrow, Peter Ludlow, J. Michael Monahan
Famous For Fifteen Minutes: Ip And Internet Social Networking, Patricia S. Abril, Jonathan Darrow, Peter Ludlow, J. Michael Monahan
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Sight, Sound And Meaning: Teaching Intellectual Property With Audiovisual Materials, Rebecca Tushnet
Sight, Sound And Meaning: Teaching Intellectual Property With Audiovisual Materials, Rebecca Tushnet
Georgetown Law Faculty Publications and Other Works
This article addresses the author's experience using audiovisual materials from the Georgetown Intellectual Property Teaching Resources database. She used audiovisual materials extensively in class to allow students to see the subject matter of the cases rather than just reading verbal descriptions and enable them to apply the principles they read about to new, concrete examples. Many students in IP courses have special interests in music, film, or the visual arts, and the database allows her--and other teachers--to present materials that engage them. She found that students are more willing to speak up in class when they can see or hear …
Gone In Sixty Milliseconds: Trademark Law And Cognitive Science, Rebecca Tushnet
Gone In Sixty Milliseconds: Trademark Law And Cognitive Science, Rebecca Tushnet
Georgetown Law Faculty Publications and Other Works
Trademark dilution is a cause of action for interfering with the uniqueness of a trademark. For example, consumers would probably not think that "Kodak soap" was produced by the makers of Kodak cameras, but its presence in the market would diminish the uniqueness of the original Kodak mark. Trademark owners think dilution is harmful but have had difficulty explaining why. Many courts have therefore been reluctant to enforce dilution laws, even while legislatures have enacted more of them over the past half century. Courts and commentators have now begun to use psychological theories, drawing on associationist models of cognition, to …
Teaching Trademark Theory Through The Lens Of Distinctiveness, Mark P. Mckenna
Teaching Trademark Theory Through The Lens Of Distinctiveness, Mark P. Mckenna
Journal Articles
This contribution to the annual teaching edition of the Saint Louis University Law Journal encourages teachers to begin trademark law courses using the concept of distinctiveness as a vehicle for articulating producer and consumer perspectives in trademark law. Viewing the law through these sometimes different perspectives helps in approaching a variety of doctrines in trademark law, and both perspectives are relatively easy to grasp in the context of distinctiveness.
A Winning Solution For Youtube And Utube? Corresponding Trademarks And Domain Name Sharing, Jacqueline D. Lipton
A Winning Solution For Youtube And Utube? Corresponding Trademarks And Domain Name Sharing, Jacqueline D. Lipton
Articles
In June of 2007, the United States District Court for the Northern District of Ohio ruled on a motion to dismiss various claims against the Youtube video-sharing service. The claimant was Universal Tube and Rollform Equipment Corp ("Universal"), a manufacturer of pipes and tubing products. Since 1996, Universal has used the domain name utube.com - phonetically the same as Youtube's domain name, youtube.com. Youtube.com was registered in 2005 and gained almost-immediate popularity as a video-sharing website. As a result, Universal experienced excessive web traffic by Internet users looking for youtube.com and mistakenly typing utube.com into their web browsers. Universal's servers …
Who Owns 'Hillary.Com'? Political Speech And The First Amendment In Cyberspace, Jacqueline D. Lipton
Who Owns 'Hillary.Com'? Political Speech And The First Amendment In Cyberspace, Jacqueline D. Lipton
Articles
In the lead-up to the next presidential election, it will be important for candidates both to maintain an online presence and to exercise control over bad faith uses of domain names and web content related to their campaigns. What are the legal implications for the domain name system? Although, for example, Senator Hillary Clinton now owns "hillaryclinton.com", the more generic "hillary.com" is registered to a software firm, Hillary Software, Inc. What about "hillary2008.com"? It is registered to someone outside the Clinton campaign and is not currently in active use. This article examines the large gaps and inconsistencies in current domain …