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Keeping Trolls Out Of Courts And Out Of Pocket: Expanding The Inequitable Conduct Doctrine, Giordana Mahn
Keeping Trolls Out Of Courts And Out Of Pocket: Expanding The Inequitable Conduct Doctrine, Giordana Mahn
Loyola University Chicago Law Journal
Patent Asserting Entities (“PAEs”), often compared with the mythological troll who lurks under a bridge it did not build, demanding payment from anybody who wants to pass, are criticized for their business model as a type of “holdup” on innovation. They wait until a practicing entity infringes, then demand payment for technology that they did not create. Their critics charge PAEs with stifling innovation, crippling research and development, and chilling healthy competition. And although the courts, Congress, and government agencies identified PAEs as an issue since their recent emergence, current patent laws are ill-suited to limit PAE litigation and combat …
Trademark Hybridity And Brand Protection, Timothy Greene
Trademark Hybridity And Brand Protection, Timothy Greene
Loyola University Chicago Law Journal
What’s in a word? As it turns out, quite a lot. The vast majority of words in our language, including trademarked terms, signify a variety of conceptual meanings and senses. This idea of splintered definition— described in the psycholinguistics literature as “semantic ambiguity” and offered in two flavors: “homonymy” (divergent and unrelated meanings) and “polysemy” (divergent yet related senses)—is underrepresented in trademark law. As a result, there has been a proliferation of legal doctrines that fail to accurately describe our linguistic lives, most notably including dilution and genericness. This Article draws on psycholinguistics literature on semantic ambiguity resolution to highlight …