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Full-Text Articles in Law
Trademark Law And Consumer Constraints, Laura A. Heymann
Trademark Law And Consumer Constraints, Laura A. Heymann
Faculty Publications
Trademark law’s focus is on the consumer. Both the trademark literature and the marketing literature, however, tend to assume a consumer with few constraints on economic or cognitive processing resources. For example, scholars have argued that some confusion in the marketplace is not only inevitable but is also an overall positive in that encountering confusion trains consumers to be more resourceful and to learn how to interpret marketing communications more carefully. But not all consumers have the same level of cognitive and economic resources. Disadvantaged consumers—such as those not literate in the English language, those with lower socioeconomic status, and …
Intellectual Property And The Presumption Of Innocence, Irina D. Manta
Intellectual Property And The Presumption Of Innocence, Irina D. Manta
William & Mary Law Review
Our current methods of imposing criminal convictions on defendants for copyright and trademark infringement are constitutionally defective. Previous works have argued that due process under the Sixth Amendment requires prosecutors to prove every element of a crime beyond a reasonable doubt, including the jurisdictional element. Applying this theory to criminal trademark counterfeiting results in the conclusion that prosecutors should have to demonstrate that an infringing mark needs to have traveled in or affected interstate commerce, which currently is not mandated. Parallel to this construction of the Commerce Clause, criminal prosecutors would also have to prove that Congress has the power …
Surveying The Field: The Role Of Surveys In Trademark Litigation, Laura A. Heymann
Surveying The Field: The Role Of Surveys In Trademark Litigation, Laura A. Heymann
Popular Media
No abstract provided.
The Scope Of Trademark Law In The Age Of The Brand Persona, Laura A. Heymann
The Scope Of Trademark Law In The Age Of The Brand Persona, Laura A. Heymann
Faculty Publications
No abstract provided.
A Name I Call Myself: Creativity And Naming, Laura A. Heymann
A Name I Call Myself: Creativity And Naming, Laura A. Heymann
Faculty Publications
In recent years, various disputes involving the use of creative works have demonstrated how trademark-related concerns lurk at the heart of what are ostensibly copyright-related claims. When recording artists such as Jackson Browne or the members of Heart object to the unauthorized use of their songs in connection with a political campaign, they are most likely not troubled about the loss of revenue resulting from the use; rather, they are likely concerned that the public will wrongly assume that the use of the song indicates that they have endorsed the political candidate. But because it is sometimes easier for them …
Trademarks And The Boundaries Of The Firm, Dan L. Burk, Brett H. Mcdonnell
Trademarks And The Boundaries Of The Firm, Dan L. Burk, Brett H. Mcdonnell
William & Mary Law Review
Coase's theory of the firm has become a familiar tool to analyze the structure and organization of businesses. Such analyses have increasingly focused on property-based theories of the firm, including intellectual property. In previous work we have discussed the application of this model to patents, copyrights, and trade secrets. Here we take up the theory of the firm with regard to trademarks, which act as signals of firm reputation, and so have application and effects that differ substantially from other forms of intellectual property. Using the framework from our previous analyses, we examine the propensity of trademarks to lower transaction …
The Public's Domain In Trademark Law: A First Amendment Theory Of The Consumer, Laura A. Heymann
The Public's Domain In Trademark Law: A First Amendment Theory Of The Consumer, Laura A. Heymann
Faculty Publications
No abstract provided.
Trademarks And The Concept Of Greater Care - Glenwood Laboratories, Inc. V. American Home Products Corp.
William & Mary Law Review
No abstract provided.