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Full-Text Articles in Law
The Look For Less: A Survey Of Intellectual Property Protections In The Fashion Industry, Nicole Giambarrese
The Look For Less: A Survey Of Intellectual Property Protections In The Fashion Industry, Nicole Giambarrese
Touro Law Review
Currently, there are no copyright protections for fashion designs in the United States. Proposed legislation that would provide such protection has been sitting in Congress for two years. Further, the Lanham Trademark Act only protects the origin of products, such as logos and trademarks. Even with the current available trademark protection, fashion houses, such as Louis Vuitton, and luxury jewelry firms, such as Tiffany & Company, have seen the Second Circuit make it more difficult to assert the protection. This increasing difficulty is due to a fear of overextending monopolies and taking an affirmative stance on who has the burden …
Fun & Profit: When Commercial Parodies Constitute Copyright Or Trademark Infringement, Tammi A. Gauthier
Fun & Profit: When Commercial Parodies Constitute Copyright Or Trademark Infringement, Tammi A. Gauthier
Pepperdine Law Review
No abstract provided.
An Economic View Of Innovation And Property Right Protection In The Expanded Regulatory State, J. Miles Hanisee
An Economic View Of Innovation And Property Right Protection In The Expanded Regulatory State, J. Miles Hanisee
Pepperdine Law Review
No abstract provided.
Internet-Based Fans: Why The Entertainment Industries Cannot Depend On Traditional Copyright Protections , Thomas C. Inkel
Internet-Based Fans: Why The Entertainment Industries Cannot Depend On Traditional Copyright Protections , Thomas C. Inkel
Pepperdine Law Review
No abstract provided.
Ip Protection Of Fashion Design: To Be Or Not To Be, That Is The Question, Xinbo Li
Ip Protection Of Fashion Design: To Be Or Not To Be, That Is The Question, Xinbo Li
IP Theory
No abstract provided.
Newman, J., Dissenting: Another Vision Of The Federal Circuit, Blake R. Hartz
Newman, J., Dissenting: Another Vision Of The Federal Circuit, Blake R. Hartz
IP Theory
No abstract provided.
If It's Not Ripped, Why Sew It? An Analysis Of Why Enhanced Intellectual Property Protection For Fashion Design Is In Poor Taste, Kari Heyison
Touro Law Review
No abstract provided.
Imitation Is The Sincerest Form Of Flattery, But Is It Infringement? The Law Of Tribute Bands, Michael S. Newman
Imitation Is The Sincerest Form Of Flattery, But Is It Infringement? The Law Of Tribute Bands, Michael S. Newman
Touro Law Review
No abstract provided.
Top 1% Files For Trademark Of “Occupy Wall Street”, Seth Dennis
Top 1% Files For Trademark Of “Occupy Wall Street”, Seth Dennis
Intellectual Property Brief
No abstract provided.
The New Hawaiian Model: The Native Hawaiian Cultural Trademark Movement And The Quest For Intellectual Property Rights To Protect And Preserve Native Hawaiian Culture, Nina Mantilla
Intellectual Property Brief
No abstract provided.
Capturing Clouds: Intellectual Property Issues Within The Live Entertainment Production Process, Brian Knowlton
Capturing Clouds: Intellectual Property Issues Within The Live Entertainment Production Process, Brian Knowlton
Intellectual Property Brief
No abstract provided.
Combating Online Trademark And Copyright Infringement: Ice And Doj Domain Name Seizures New Tools In The Government’S Efforts To Combat Online Ip Infringement, Tanya Dunbar
Pace Intellectual Property, Sports & Entertainment Law Forum
The ICE seizures and proposed legislations to codify ICE-style seizures have led many to question the legitimacy of ICE’s seizures and decry the bills as censorship. Tanya Dunbar’s article explores the reasons for the government’s actions, the seizure mechanism the government employs, and the controversy surrounding domain name seizures. Where possible, the Ms. Dunbar offers solutions to some of the controversial issues that may arise.
Best Buy Vs. Newegg: Who Owns “Geek”?, Seth Dennis
Best Buy Vs. Newegg: Who Owns “Geek”?, Seth Dennis
Intellectual Property Brief
No abstract provided.
Taking A Bite Out Of The Apple: “Appstore” Trademark Infringement Update, Amer Raja
Taking A Bite Out Of The Apple: “Appstore” Trademark Infringement Update, Amer Raja
Intellectual Property Brief
No abstract provided.
Designer Collaborations As A Solution To The Fast-Fashion Copyright Dilemma, Arielle K. Cohen
Designer Collaborations As A Solution To The Fast-Fashion Copyright Dilemma, Arielle K. Cohen
Chicago-Kent Journal of Intellectual Property
This article explores the issue of large retailers capitalizing on designers’ designs by using the method of “close copying” and the dilemma that designers face due to their lack of recourse since their designs are not afforded copyright protection. The Council of Fashion Designers of America has been lobbying Congress for protection and their efforts have created the Innovative Design Protection and Piracy Prevention Act. This legislation is currently pending but it is a revised version of the earlier Design Piracy Prohibition Act and it removes many of the controversial provisions that were in the earlier version. Therefore, there is …
Playboy, Contact Lenses, And Trademark Infringement: An Analysis Of Possible Claims As A Result Of Pop-Up Advertisements, Ashley A. Locke
Playboy, Contact Lenses, And Trademark Infringement: An Analysis Of Possible Claims As A Result Of Pop-Up Advertisements, Ashley A. Locke
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Liability For Trademark Infringement For Internet Service Providers, Katja Weckström
Liability For Trademark Infringement For Internet Service Providers, Katja Weckström
Marquette Intellectual Property Law Review
In the wake of the millennium and the rise of the internet, legislative action was taken to shelter internet service providers (ISPs) from various forms of legal action. In the turmoil of chartering new and unregulated territory, such a safe harbor was deemed necessary to protect startup businesses. Today, these internet actors (e.g. Google, Amazon, and eBay) have grown strong and powerful. Thus, intellectual property holders have started to challenge this privilege in court. Increasingly, owners of famous marks seek liability and damages for direct and indirect trademark infringement in courts around the globe. This Article will focus on liability …
Curbing Consumer Complicity For Counterfeits In A Digital Environment, Peggy E. Chaudhry
Curbing Consumer Complicity For Counterfeits In A Digital Environment, Peggy E. Chaudhry
Journal of Business & Technology Law
No abstract provided.
Lessons From Pfizer's Disputes Over Its Viagra Trademark In China, Daniel Chow
Lessons From Pfizer's Disputes Over Its Viagra Trademark In China, Daniel Chow
Maryland Journal of International Law
No abstract provided.