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Articles 1 - 30 of 145
Full-Text Articles in Law
The Wild, Wild West Of Laboratory Developed Tests, John Gilmore
The Wild, Wild West Of Laboratory Developed Tests, John Gilmore
Washington and Lee Law Review Online
Since the 1950’s, scientists have built novel technologies to screen for genetic diseases and other biological irregularities. Recently, researchers have developed a method called “liquid biopsy” (as opposed to a standard tissue biopsy) that uses a liquid sample (e.g., blood) to non‑invasively spot biomarkers indicating different types of cancers in the patient’s body. While the U.S. Food and Drug Administration (FDA) has fully cleared a small number of liquid biopsy tests under its rigorous and expensive review process, most biotech companies have instead followed a less restrictive regulatory path through the Centers for Medicare and Medicaid Services (CMS), which label …
The Angel Wears Prada, The Devil Buys It On The Realreal: Expanding Trademark Rights Beyond The First Sale Doctrine, Junajoy Vinoya Frianeza
The Angel Wears Prada, The Devil Buys It On The Realreal: Expanding Trademark Rights Beyond The First Sale Doctrine, Junajoy Vinoya Frianeza
Pepperdine Law Review
Luxury brands derive their goodwill from the high-class exclusivity and first-rate quality signified in their trademarks. The Trademark Act of 1946, commonly known as the Lanham Act, grants trademark holders the right to control use of their mark. However, under common law, the first sale doctrine restricts trademark protection after holders authorize the initial sale of their trademarked product. Such limitation particularly jeopardizes the luxury industry as trademark holders ultimately bear the loss of goodwill when counterfeit luxury goods enter the market due to the negligence of resellers. This Comment illustrates how blockchain authentication offers all luxury industry participants—the brands, …
Keeping It Wreal: How The Eleventh Circuit's Wreal Decision Is Better Suited For A Uniform Reverse Confusion Multifactor Analysis, Sean J. Flaherty
Keeping It Wreal: How The Eleventh Circuit's Wreal Decision Is Better Suited For A Uniform Reverse Confusion Multifactor Analysis, Sean J. Flaherty
Marquette Intellectual Property & Innovation Law Review
None
Withdrawing Lanham Act Section 2(C) Consent: What Should Courts Do?, Zachary R. Semancik
Withdrawing Lanham Act Section 2(C) Consent: What Should Courts Do?, Zachary R. Semancik
Marquette Intellectual Property & Innovation Law Review
None
Systematizing Scents: The Case For Chemically Standardized Nontraditional Scent Trademarks, Jared Novitzke
Systematizing Scents: The Case For Chemically Standardized Nontraditional Scent Trademarks, Jared Novitzke
Marquette Intellectual Property & Innovation Law Review
None.
Personal Foul: The Exploitation Of Ncaa Student-Athletes’ Publicity Rights, Jordan Pamlanye
Personal Foul: The Exploitation Of Ncaa Student-Athletes’ Publicity Rights, Jordan Pamlanye
St. John's Law Review
(Excerpt)
In 2017, Donald De La Haye, a Division I football player for the University of Central Florida of the National Collegiate Athletic Association (“NCAA”), was deemed ineligible for NCAA participation due to his successful YouTube channel, “Deestroying.” De La Haye was a kicker for the University of Central Florida’s (“UCF”) football team. At the time, his YouTube channel had over 90,000 subscribers and almost 5,000,000 views. The NCAA found De La Haye ineligible because he was compensated for videos that included aspects of his life as an NCAA athlete—a violation of the NCAA bylaws.
The consequences of this decision …
Endorsing After Death, Andrew Gilden
Endorsing After Death, Andrew Gilden
William & Mary Law Review
An endorsement is an act of giving one’s public support to a person, product, service, or cause; accordingly, it might seem impossible for someone to make an endorsement after they have died. Nevertheless, posthumous endorsements have become commonplace in social media marketing and have been increasingly embraced by trademark and unfair competition laws. Entities representing Marilyn Monroe, for example, have successfully brought trademark claims for the unauthorized use of Monroe’s name, have successfully brought false endorsement claims under section 43(a) of the Lanham Act, and regularly have promoted products through the Instagram-verified “@marilynmonroe” page. Marilyn Monroe survives today as a …
Jack Daniel’S Highlights The Second And Ninth Circuit’S Divide On The Application Of The Rogers Test, Hannah Knab
Jack Daniel’S Highlights The Second And Ninth Circuit’S Divide On The Application Of The Rogers Test, Hannah Knab
American University Business Law Review
No abstract provided.
A Serendipitous Experiment In Percolation Of Intellectual Property Doctrine, Daniel R. Cahoy, Lynda J. Oswald
A Serendipitous Experiment In Percolation Of Intellectual Property Doctrine, Daniel R. Cahoy, Lynda J. Oswald
Indiana Law Journal
This Article fills a gap in the literature by providing novel and unique empirical evidence of the impact of percolated intellectual property doctrine versus the impact of isolated doctrine from a specialized court. It relies on the U.S. Supreme Court’s paired decisions in 2014 in Octane Fitness, LLC v. ICON Health & Fitness, Inc.15 and Highmark, Inc. v. Allcare Health Management Systems, Inc.16 to highlight a natural forum for evaluating the effects of percolation on federal legal doctrine. At issue in those cases was the fee-shifting language of Section 285 of the Patent Act: “The court in exceptional cases may …
Balancing Mickey Mouse And The Mutant Copyright: To Copyright A Trademark Or To Trademark A Copyright, That Is The Question, Michael A. Forella Iii
Balancing Mickey Mouse And The Mutant Copyright: To Copyright A Trademark Or To Trademark A Copyright, That Is The Question, Michael A. Forella Iii
Marquette Intellectual Property Law Review
None.
Some First Amendment Implications Of The Trademark Registration Decisions, Marc Rohr
Some First Amendment Implications Of The Trademark Registration Decisions, Marc Rohr
Marquette Intellectual Property Law Review
No abstract provided.
That's Fuct: Why The Political Question Doctrine Should Have Barred The Supreme Court From Deciding Iancu V. Brunetti, Jennifer Madaras
That's Fuct: Why The Political Question Doctrine Should Have Barred The Supreme Court From Deciding Iancu V. Brunetti, Jennifer Madaras
Cybaris®
No abstract provided.
The Power Of Social Media As An Evolving Force And Its Impact On Intellectual Property, Whitney N. Alston
The Power Of Social Media As An Evolving Force And Its Impact On Intellectual Property, Whitney N. Alston
Cybaris®
No abstract provided.
The Anonymity Heuristic: How Surnames Stop Identifying People When They Become Trademarks, Russell W. Jacobs
The Anonymity Heuristic: How Surnames Stop Identifying People When They Become Trademarks, Russell W. Jacobs
Dickinson Law Review (2017-Present)
This Article explores the following question central to trademark law: if a homograph has both a surname and a trademark interpretation will consumers consider those interpretations as intrinsically overlapping or the surname and trademark as completely separate and unrelated words? While trademark jurisprudence typically has approached this question from a legal perspective or with assumptions about consumer behavior, this Article builds on the Law and Behavioral Science approach to legal scholarship by drawing from the fields of psychology, linguistics, economics, anthropology, sociology, and marketing.
The Article concludes that consumers will regard the two interpretations as separate and unrelated, processing surname …
Thou Shalt Not Steele: Reexamining The Extraterritorial Reach Of The Lanham Act, James C. Gracey
Thou Shalt Not Steele: Reexamining The Extraterritorial Reach Of The Lanham Act, James C. Gracey
Vanderbilt Journal of Entertainment & Technology Law
US courts have applied domestic trademark law to actions taken outside of the United States's borders for years, but the US Supreme Court recently revamped the presumption against extraterritoriality, a canon of statutory interpretation. The presumption against extraterritoriality promotes a judicial means of respecting the sovereignty of foreign states by disallowing the application of domestic law to foreign acts. However, the Supreme Court interpreted the Lanham Act, the United States's domestic trademark law, to have extraterritorial reach in Bulova Watch Co. v. Steele. This Note traces the recent evolution and strengthening of the presumption before analyzing how circuit courts have …
The Myth Of Uniformity In Ip Laws, Sharon K. Sandeen
The Myth Of Uniformity In Ip Laws, Sharon K. Sandeen
Journal of Intellectual Property Law
When Congress enacts federal laws, it is often because of the asserted benefits of a “uniform” law and the, often unspoken, assumption that federal laws are somehow more uniform than uniform state laws. Infact, the uniformity argument was a primary justification for theenactment of both the Defend Trade Secrets Act of 2016 and the EU Trade Secret Directive.
The quest for uniformity, particularly with respect to laws that relate to intellectual property rights, is an old story in the United States. During the drafting of the U.S. Constitution, the existence of inconsistent state laws was a central reason for the …
Makeup Dupes And Fair Use, Samantha Primeaux
Makeup Dupes And Fair Use, Samantha Primeaux
American University Law Review
No abstract provided.
2017 Trademark Law Decisions Of The Federal Circuit, Anita B. Polott, Rachel E. Fertig
2017 Trademark Law Decisions Of The Federal Circuit, Anita B. Polott, Rachel E. Fertig
American University Law Review
No abstract provided.
Lookalike Logos: Is A High School's Use Of A Logo Or Insignia Similar To That Of A University A Violation Under The Lanham Act, Keegan Girodo
Lookalike Logos: Is A High School's Use Of A Logo Or Insignia Similar To That Of A University A Violation Under The Lanham Act, Keegan Girodo
Marquette Sports Law Review
None
Behind The Steele Curtain: An Empirical Study Of Trademark Conflicts Law, 1952-2016, Tim W. Dornis
Behind The Steele Curtain: An Empirical Study Of Trademark Conflicts Law, 1952-2016, Tim W. Dornis
Vanderbilt Journal of Entertainment & Technology Law
The law on international trademark disputes is founded on precedent from 1952. Steele v. Bulova Watch Co. is the first and only Supreme Court decision addressing the question of how far the Lanham Act should be extended beyond the United States' national borders when international infringement is at issue. The decision laid the foundation for a three-pronged test that focuses on the factors of defendant nationality, effects on US commerce, and conflicts with foreign law. Although international trademark conflicts have multiplied dramatically--particularly throughout the last decade--there has been no systematic and comprehensive account of the actual state of the law. …
U.S. Supreme Court Surveys: 2016 Term. Matal V. Tam: Free Speech Meets "Disparaging" Trademarks In The Supreme Court, Niki Kuckes
U.S. Supreme Court Surveys: 2016 Term. Matal V. Tam: Free Speech Meets "Disparaging" Trademarks In The Supreme Court, Niki Kuckes
Roger Williams University Law Review
No abstract provided.
Dastar V. Twentieth Century Fox--One Can't Get Back By Trademark What One Gave Up Under Copyright, Sue Mota
Dastar V. Twentieth Century Fox--One Can't Get Back By Trademark What One Gave Up Under Copyright, Sue Mota
Oklahoma Journal of Law and Technology
No abstract provided.
Moral Judgments In Trademark Law, Ned Snow
Moral Judgments In Trademark Law, Ned Snow
American University Law Review
Under the federal Lanham Act, eligibility for trademark protection depends on whether a mark is sufficiently moral. The Federal Circuit has recently held this provision of the Act to be unconstitutional based on its interpretation of speech doctrine. The context of trademark law, however, refutes this interpretation. Indeed, speech doctrine appears to support this morality requirement. Nevertheless, there seems to be another reason that the Federal Circuit held the morality requirement unconstitutional: the judicial discomfort with morality serving as a basis for law. This Essay concludes that this judicial discomfort is unjustified in this instance. From both a constitutional and …
2016 Trademark Law Decisions Of The Federal Circuit, Anita B. Polott, Rachel E. Fertig
2016 Trademark Law Decisions Of The Federal Circuit, Anita B. Polott, Rachel E. Fertig
American University Law Review
No abstract provided.
Counterfeiting, Couture, And The Decline Of Consumer Trust In Online Marketplace Platforms, Joseph M. Forgione
Counterfeiting, Couture, And The Decline Of Consumer Trust In Online Marketplace Platforms, Joseph M. Forgione
NYLS Law Review
No abstract provided.
Trademarks: German Manufacturer’S Deliberate Infringement Of Domestic Trademark Sufficient To Support Injunctive Relief, But Not Supportive Of Award For Damages, Kimley R. Johnson
Trademarks: German Manufacturer’S Deliberate Infringement Of Domestic Trademark Sufficient To Support Injunctive Relief, But Not Supportive Of Award For Damages, Kimley R. Johnson
Georgia Journal of International & Comparative Law
No abstract provided.
Trademarks “Lanham Act” Foreign Registrants Need Not Allege Use In The United States And May Waive Filing Requirements Required For Domestic Applications (Scm Corporation V. Langis Foods, Ltd., D.C. Cir. 1976), John A. Cutler
Georgia Journal of International & Comparative Law
No abstract provided.
A Trademark Holder's Hangover: Reconciling The Lanham Act With The Alcohol And Tobacco Tax And Trade Bureau's System Of Designating American Viticultural Areas, Julia Lynn Titolo
A Trademark Holder's Hangover: Reconciling The Lanham Act With The Alcohol And Tobacco Tax And Trade Bureau's System Of Designating American Viticultural Areas, Julia Lynn Titolo
Journal of Intellectual Property Law
No abstract provided.
Is Liability Just A Link Away? Trademark Dilution By Tarnishment Under The Federal Trademark Dilution Act Of 1995 And Hyperlinks On The World Wide Web, Martha Kelley
Journal of Intellectual Property Law
No abstract provided.
Private Property For Public Use: The Federal Trademark Dilution Act And Anticybersquatting Consumer Protection Act As Violations Of The Fifth Amendment Takings Clause, Brian C. Smith
Journal of Intellectual Property Law
No abstract provided.