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Full-Text Articles in Law
Copyright Or Trademark? Can One Boy Wizard Prevent Film Title Duplication?, Anna Phillips
Copyright Or Trademark? Can One Boy Wizard Prevent Film Title Duplication?, Anna Phillips
San Diego International Law Journal
This Comment will examine the various approaches that India, the United Kingdom, and the United States take in dealing with film title disputes. Second, this Comment will discuss a case brought by Warner Brothers regrding a Harry Potter film title dispute in India and how the outcome of the case affects title infringement issues... Finally, this Comment will discuss a possible loophole in current trademark regulations regarding film titles that will support the argument that countries should use both copyright and trademark law to minimize the release of film titles that are similar or identical to those already on the …
Does It Really Suck?: The Impact Of Cutting-Edge Marketing Tactics On Internet Trademark Law And Gripe Site Domain Name Disputes, Mindy P. Fox
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Trademark Fair Use: Braun® Versus The Bunny, Vanessa P. Rollins
Trademark Fair Use: Braun® Versus The Bunny, Vanessa P. Rollins
Marquette Intellectual Property Law Review
Nominative fair use is a contentious issue in the field of trademark law. Manufacturers of original products who oppose the use of their actual products in advertisements for complementary goods often resort to the Lanham Act to prevent such practices. Courts have found the use of another's product in the advertising of complementary goods falls outside the nominative fair use defense. This article examines the nominative fair use defense and whether nominative fair use should encompass such uses.
"Shelter Chic": Can The U.S. Government Make It Work?, Kristina R. Montanaro
"Shelter Chic": Can The U.S. Government Make It Work?, Kristina R. Montanaro
Vanderbilt Journal of Transnational Law
This Note discusses government donations of seized counterfeit goods to charitable institutions and the implications of these practices. The Customs and Border Protection (CBP) contributions to the Red Cross for the Hurricane Katrina relief effort serve as a backdrop for important concepts. In making these contributions, the CBP relied on its emergency authority and a presidential proclamation to avoid basic statutory requirements that it (a) obtain consent from the right holders and (b) de-trademark counterfeit goods prior to donation. While the donations inarguably benefitted countless disaster victims and freed up valuable CBP warehouse space, they may have had a detrimental …
International Legal Protection Of Trademarks In China, Robert H. Hu
International Legal Protection Of Trademarks In China, Robert H. Hu
Marquette Intellectual Property Law Review
In China, the concept of intellectual property is relatively new. Chinese officials began taking steps towards trademark regulations in the 1950s, but it was not until 1982 that the first Chinese Trademark Law was enacted. Today, because of the growing global economy, China has had the highest number of trademark requests in the world for the fifth year in a row. In response to domestic and international pressures, Chinese trademark law and courts have had to adapt to the ever-changing landscape. This article first examines the development of Chinese intellectual property law through the international trademark agreements where China is …
Protection And Enforcement Of Well-Known Mark Rights In China: History, Theory And Future, Jing "Brad" Luo, Shubha Ghosh
Protection And Enforcement Of Well-Known Mark Rights In China: History, Theory And Future, Jing "Brad" Luo, Shubha Ghosh
Northwestern Journal of Technology and Intellectual Property
No abstract provided.