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Full-Text Articles in Law
The Case Against Federalizing Trade Secrecy, Christopher B. Seaman
The Case Against Federalizing Trade Secrecy, Christopher B. Seaman
Christopher B. Seaman
Trade secrecy is unique among the major intellectual property (IP) doctrines because it is governed primarily by state law. Recently, however, a number of influential actors — including legislators, academics, and organizations representing IP attorneys and owners — have proposed creating a private civil cause of action for trade secret misappropriation under federal law. Proponents assert that federalizing trade secrecy would provide numerous benefits, including substantive uniformity, the availability of a federal forum for misappropriation litigation, and the creation of a unified national regime governing IP rights. This Article engages in the first systematic critique of the claim that federalizing …
An Empirical Look At Trade Secret Law's Shift From Common To Statutory Law, Michael Risch
An Empirical Look At Trade Secret Law's Shift From Common To Statutory Law, Michael Risch
Michael Risch
Like many of its unfair competition brethren, trade secret law developed in the courts of England and the United States. In 1979, the Uniform Trade Secrets Act, affectionately known as the UTSA, was introduced. The UTSA has since become widely adopted - forty-six states now follow it. The UTSA did not represent a complete break from the common law, and there is a lingering influence of the common law over core aspects of trade secret law, even when that law conflicts with newer statutory provisions. Anecdotal studies have considered the continuing influence of the common law, but, to date, no …
Cognac After Spanish Champagne ? Geographical Indications As Certification Marks, Daniel J. Gervais
Cognac After Spanish Champagne ? Geographical Indications As Certification Marks, Daniel J. Gervais
Daniel J Gervais
The Protection of Geographical Names as Certification Marks in common law jurisdictions such as the United Kingdom and the United States is examined in light of the UK Spansih Champagne and other "Drinks" cases and similar cases in the United States dealing with the name "Cognac."
Rudolf Callmann And The Misappropriation Doctrine In The Common Law Of Unfair Competition, Christopher Wadlow
Rudolf Callmann And The Misappropriation Doctrine In The Common Law Of Unfair Competition, Christopher Wadlow
Christopher Wadlow
Rudolf Callmann (1892-1976) is a central figure for unfair competition lawyers in both the German civil law and the Anglo-American common law traditions. When he emigrated from Germany to America in the 1930s he was already the author of substantial works on trade marks, unfair competition, and cartel law. In the United States he composed the monumental Callmann on Unfair Competition, Trademarks and Monopolies. This article examines his invocation of the 1918 decision of the Supreme Court in International News Service v Associated Press as the basis for a reformulated common law of unfair competition, eschewing a purely tortious conception …