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Full-Text Articles in Law
Phoenix Rising? On The Fall And Potential New Rise Of State Trademark Rights, Charles Mcmanis, Henry Biggs
Phoenix Rising? On The Fall And Potential New Rise Of State Trademark Rights, Charles Mcmanis, Henry Biggs
Chicago-Kent Journal of Intellectual Property
This article addresses the historical interplay of federal, state and common law trademark rights as they relate to the scope of geographic protection. The article looks closely at the narrow context where federal trademark law may arguably provide for state trademark law to prevail. The article notes, however, that the specific state trademark language necessary for that state trademark right to prevail has slowly vanished from most state trademark statutes. Yet while the door has seemed to be closing in this area, a relatively recent case, National Ass'n for Healthcare Communications, Inc. v. Central Arkansas Area Agency on Aging, Inc, …
Canada's Inadequate Legal Protection Against Industrial Espionage, Emir Crowne, Tasha De Freitas
Canada's Inadequate Legal Protection Against Industrial Espionage, Emir Crowne, Tasha De Freitas
Chicago-Kent Journal of Intellectual Property
Canadian law provides little protection for individuals and corporations against industrial espionage. Akin to the United States' Economic Espionage Act of 1996-with its broad definition of "trade secret" and accompanying protections and remedies-we propose that Canada enact legislation at the federal level to remedy many of the deficiencies that arise in bringing a claim under the usual breach of confidence action.
Next Generation Copyright Misuse, Rebecca Sundin
Next Generation Copyright Misuse, Rebecca Sundin
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Recognized Stature: Protecting Street Art As Cultural Property, Griffin M. Barnett
Recognized Stature: Protecting Street Art As Cultural Property, Griffin M. Barnett
Chicago-Kent Journal of Intellectual Property
This Article discusses the current legal regimes in the United States implicated by works of "street art." The Article suggests an amendment to the Visual Artists Rights Act that would protect certain works of street art as "cultural property" - thereby promoting the arts and the preserving important works of art that might otherwise be at the mercy of property owners or others who do not share the interests of artists and the members of communities enhanced by works of street art.