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Full-Text Articles in Law
It's Scandalous! -- Limiting Profane Trademark Registrations After "Tam" And "Brunetti", Gary Myers
It's Scandalous! -- Limiting Profane Trademark Registrations After "Tam" And "Brunetti", Gary Myers
Journal of Intellectual Property Law
Over the course of the last two years, the Supreme Court has engaged in a long-overdue assessment of the constitutionality of federal trademark law prohibitions on the registration of offensive marks. In its unanimous 2017 decision in Matal v. Tam, the Court held that the disparagement clause is a content-based provision that violates the First Amendment. In 2019, the Court in Iancu v. Brunetti held that the refusal to register the mark “FUCT” on grounds that it was immoral or scandalous would also violate the First Amendment. These cases offered an opportunity for the Court to clarify the proper role …
Fighting The Faceless Foe Known As The Online Trademark Counterfeiter: Forum Shopping Tactics In The Digital Age, Chelsea R. Feagle
Fighting The Faceless Foe Known As The Online Trademark Counterfeiter: Forum Shopping Tactics In The Digital Age, Chelsea R. Feagle
Journal of Intellectual Property Law
This Note proceeds in two main parts. Part II provides a background for understanding trademark counterfeiting claims and remedies. It first examines the federal trademark protections alongside the state trademark protections and details the way in which they differ. Part II then breaks down the number of online trademark counterfeit cases filed in the United States and notes the percentage of those cases which are filed predominately in three federal district courts. Because it is difficult to comprehensively track this data, the principle import of the referenced statistical breakdown should be understood only as attempting to draw general conclusions from …
The Ip Of Ipas: A Look Into Trademark Infringement In The Craft Beer Industry, Shivani Patel
The Ip Of Ipas: A Look Into Trademark Infringement In The Craft Beer Industry, Shivani Patel
Journal of Intellectual Property Law
Alcohol isn't just a mind-altering drink: It has been a prime mover of human culture from the beginning, fueling the development of arts, language, and religion."' Alcohol production and consumption can be traced to civilizations dating back thousands of years all around the world, and it has become so essential to our society that experts have gone on to joke that humans should be called "Homo imbibens." Within the current alcohol industry, two essential qualities that are becoming more common are creativity and variety.
Alcohol has become a defining aspect of human culture and our sense of society. It has …