Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 9 of 9

Full-Text Articles in Law

Fifty Years Of The Lanham Act: A Retrospective Of Section 43(A), Ethan Horwitz, Benjamin Levi Oct 1996

Fifty Years Of The Lanham Act: A Retrospective Of Section 43(A), Ethan Horwitz, Benjamin Levi

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Analysis And Suggestions Regarding Nsi Domain Name Trademark Dispute Policy, Carl Oppedahl Oct 1996

Analysis And Suggestions Regarding Nsi Domain Name Trademark Dispute Policy, Carl Oppedahl

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Federal Trademark Dilution Act Of 1995: Substantial Likelihood Of Confusion, Eric A. Prager Oct 1996

The Federal Trademark Dilution Act Of 1995: Substantial Likelihood Of Confusion, Eric A. Prager

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Foreword - Half A Century Of Federal Trademark Protection: The Lanham Act Turns Fifty, H. Peter Nesvold, Lisa M. Pollard Oct 1996

Foreword - Half A Century Of Federal Trademark Protection: The Lanham Act Turns Fifty, H. Peter Nesvold, Lisa M. Pollard

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Lanham Act: A Living Thing, Joseph D. Garon Oct 1996

The Lanham Act: A Living Thing, Joseph D. Garon

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Trademark Office As A Government Corporation , Jeffrey M. Samuels, Linda B. Samuels Oct 1996

The Trademark Office As A Government Corporation , Jeffrey M. Samuels, Linda B. Samuels

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Theft By Territorialism: A Case For Revising Trips To Protect Trademarks From National Market Foreclosure, Beth Fulkerson Jan 1996

Theft By Territorialism: A Case For Revising Trips To Protect Trademarks From National Market Foreclosure, Beth Fulkerson

Michigan Journal of International Law

This Note will argue that the "well-known mark" standard of the Paris Convention, which is also adopted by the Agreement on Trade-Related Aspects of Intellectual Property Rights, Including Trade in Counterfeit Goods (TRIPS), the North American Free Trade Agreement (NAFTA), and the European Community (EC), is an artifact of an era when markets were circumscribed by national borders and granting a monopoly on a trademark in one country on the basis of its use in another was unreasonable because the likelihood of confusion was minimal. Today, however, the trademark originator's intent to expand beyond its original market should be presumed. …


Trademark Law: Qualitex Co. V. Jacobson Products Co.--The Supreme Court Upholds Trademark Protection For A Color, Paige Stratton Bass Jan 1996

Trademark Law: Qualitex Co. V. Jacobson Products Co.--The Supreme Court Upholds Trademark Protection For A Color, Paige Stratton Bass

Oklahoma Law Review

No abstract provided.


U. S. Federalism And Intellectual Property, Jane C. Ginsburg Jan 1996

U. S. Federalism And Intellectual Property, Jane C. Ginsburg

Faculty Scholarship

The federal structure of the U.S. government presents interesting questions for intellectual property. Which government, national or state, exercises regulatory authority? Or do both governments play a significant role? Questions of this order cannot be addressed unless one first analyzes what the term "intellectual property" comprehends. Intellectual property includes well-recognized regimes of exclusive rights in inventions (patents), literary, artistic and musical creations (copyrights), and trademarks. But it also covers more elusive, and evolving, interests, such as exploitation of one's personal name and image (right of publicity), trade secrets, and a generalized concern with prevention of acts amounting to unlicensed appropriation …