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Full-Text Articles in Law
Nowhere To Run ... Nowhere To Hide: Trademark Holders Reign Supreme In Panavision Lnt'l, L.P. V. Toeppen., Scott D. Sanford
Nowhere To Run ... Nowhere To Hide: Trademark Holders Reign Supreme In Panavision Lnt'l, L.P. V. Toeppen., Scott D. Sanford
Golden Gate University Law Review
This note discusses the procedural history of Panavision. Part III surveys the evolving application of personal jurisdiction in the various courts as applied to the Internet through minimum contacts and the Calder "effects test." Part IV outlines the Ninth Circuit's analysis of personal jurisdiction in Panavision. Part V critiques the Ninth Circuit's analysis, focusing particularly on several flaws in the court's reasoning. Part VI summarizes the effect that the decision in Panavision will have on future suits involving the Internet.
Intellectual Property Law - New Kids On The Block V. News America Publishing, Inc.: New Nominative Use Defense Increases The Likelihood Of Confusion Surrounding The Fair Use Defense To Trademark Infringemen, Derek J. Westberg
Golden Gate University Law Review
No abstract provided.
Finding Likelihood Of Confusion With Actual Confusion: A Critical Analysis Of The Federal Courts' Approach, Edwin S. Clark
Finding Likelihood Of Confusion With Actual Confusion: A Critical Analysis Of The Federal Courts' Approach, Edwin S. Clark
Golden Gate University Law Review
This comment asserts that federal courts do not decide the likelihood of confusion issue by using these theories. Instead, the typical likelihood of confusion dispute is decided by giving actual confusion more weight than other analytical elements, despite courts' claims that they give the elements equal weight and consideration.
Summaries: Copyright & Trademark Law, David Greenwald, James Gaspich
Summaries: Copyright & Trademark Law, David Greenwald, James Gaspich
Golden Gate University Law Review
No abstract provided.
The Unbranding Of Brands: Advocating For Source Disclosure In Corporate America, Cassi G. Matos
The Unbranding Of Brands: Advocating For Source Disclosure In Corporate America, Cassi G. Matos
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Cease-And-Desist: Tarnishment’S Blunt Sword In Its Battle Against The Unseemly, The Unwholesome, And The Unsavory, Regina Schaffer-Goldman
Cease-And-Desist: Tarnishment’S Blunt Sword In Its Battle Against The Unseemly, The Unwholesome, And The Unsavory, Regina Schaffer-Goldman
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Google Adwords And Canadian Trademark Law, Reed W. Taubner
Google Adwords And Canadian Trademark Law, Reed W. Taubner
Canadian Journal of Law and Technology
This article aims to answer two questions: should business competitors be allowed to use each other’s goodwill in this way and, if so, can trademark law police the program without stifling competition? Part I examines the technical aspects of the AdWords program. Part II explores the underlying rationales of trademark law to start developing a normative position. Part III reviews the American jurisprudence and commentary to hone that normative position and to identify a compatible legal framework. Part IV compares that framework against Canadian law.
This article endorses the work of Misha Gregory Macaw who, unlike some trademark expansionists, argues …
Boston Duck Tours V. Super Duck Tours: Duck Tours Of A Feather Can Flock Together, Cara Lewis
Boston Duck Tours V. Super Duck Tours: Duck Tours Of A Feather Can Flock Together, Cara Lewis
Journal of Business & Technology Law
No abstract provided.