Law Commons^™

The Liability Of Online Markets For Counterfeit Goods: A Comparative Analysis Of Secondary Trademark Infringement In The United States And Europe, Kurt M. Saunders, Gerlinde Berger-Walliser

Northwestern Journal of International Law & Business

Online trademark infringement and counterfeiting is a growing problem for luxury brands. In recent years, trademark owners have taken aim at the operators of online marketplaces and auction websites, asserting that these defendants are liable for contributory infringement due to sales of counterfeit goods on their sites. In addressing the scope of secondary liability for trademark infringement, the courts of the United States and European nations, including France, Germany, and the United Kingdom, have applied differing standards and reached inconsistent results. This article considers the question of secondary liability for trademark infringement from a comparative perspective and contrasts the rationales …

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.

Where's The Beef? Why Burger King Is Hungry Jack's In Australia And Other Complications In Building A Global Franchise Brand, Andrew Terry, Heather Forrest

Northwestern Journal of International Law & Business

The territorial nature of trademark law and the lack of a single universal registration system present challenges to franchisors and other brand proprietors expanding operations beyond the home market in which intellectual property rights have been secured. International treaties such as the Paris Convention for the Protection of Industrial Property, the Agreement on Trade-Related Aspects of Intellectual Property Rights ("TRIPS"), the Madrid Agreement, and the Madrid Protocol have attracted worldwide support and made significant inroads towards harmonization of trademark registrability criteria and the administration of the registration process. However, intellectual property rights are, by their very nature, rights granted by …

Famous For Fifteen Minutes: Ip And Internet Social Networking, Patricia S. Abril, Jonathan Darrow, Peter Ludlow, J. Michael Monahan

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

From Infringement To Innovation: Counterfeiting And Enforcement In The Brics, J. Benjamin Bai, Keith D. Lindenbaum, Yi Qian, Cynthia Ho

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

The Existing Legal Infrastructure Of Brics: Where Have We Been And Where Are We Going?, Robert B. Ahdieh, Zhu (Julie) Lee, Srividhya Ragavan, Kevin Noonan, Clinton W. Francis

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Trademark Dilution In Japan, Kenneth L. Port

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

A New Economics Of Trademarks, David W. Barnes

Northwestern Journal of Technology and Intellectual Property

Conventional wisdom holds that trademarks are nothing like other intellectual property. Copyright and patent law are theoretically based in public goods theory and are designed to promote creation and disclosure of original expressions and novel, useful innovations. By contrast, trademarks are private goods and trademark law is designed to promote trade and encourage competition.

This article challenges conventional wisdom by demonstrating that trademarks are a type of public good that contributes to the public stock of useful ideas just as patented and copyrighted works do. This economic perspective suggests, again contrary to conventional trademark theory, that competitive markets fail to …

Defining The Limits Of The Eu Essential Facilities Doctrine On Intellectual Property Rights: The Primacy Of Securing Optimal Innovation, James Turney

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

The End Of Federalism In Telecommunication Regulations?, Douglas C. Sicker

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Trademarks Or Copyrights: Which Intellectual Property Right Affords Its Owner The Greatest Protection Of Architectural Ingenuity?, Rashida Y.V. Macmurray

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Ambush Marketing: The Off-Field Competition At The Olympic Games, Jason K. Schmitz

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Intellectual Property And Genetically Modified Seeds: The United States, Trade, And The Developing World, Haley Stein

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Comparative Advertising In The United States And In France, Charlotte J. Romano

Northwestern Journal of International Law & Business

Comparative advertising has been widely used for over thirty years in the United States. By contrast, the use of this advertising format has traditionally been-and still is-very marginal in France. The term "comparative advertising" refers to any form of advertising in which a trademark owner draws a comparison between his product, service, or brand and that of a competitor. The central issue of this article is to determine why, despite identical guiding policies, comparative advertising remains unusual in France while it is commonplace in the United States. Attempting to answer that question unavoidably raises numerous related issues: can the two …

Plus Ça Change. . . . How A French Court May Have Changed Internet Advertising Forever: Google France Fined For Selling Trademarked "Keywords", Brett August

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

An Efficient Way To Improve Patent Quality For Plant Varieties, Katherine E. White

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Enforcement Against Counterfeiting In The People's Republic Of China, Daniel C.K. Chow

Northwestern Journal of International Law & Business

Although the discussion in this Article is limited to counterfeiting in China, many of the issues discussed are endemic to the Chinese legal system as a whole, and apply also to other intellectual property rights, such as copyright piracy and patent infringements. Moreover, many of the themes raised in this Article also illuminate the current state of the nascent Chinese legal system as a whole and how its capacity is tested as it continues the struggle to keep pace with China's many economic reforms and accompanying social changes. Part I of this Article begins with a review of the enforcement …