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Full-Text Articles in Law

The Costs Of Trademarking Dolls, Jessica Silbey Nov 2018

The Costs Of Trademarking Dolls, Jessica Silbey

Faculty Scholarship

Professor Curtin’s article, Zombie Cinderella and the Undead Public Domain, takes a recent case from the Trademark Trial and Appeal Board (TTAB) as the basis for an argument that trademark doctrine needs stronger protection against the exclusive commercial appropriation of characters that are in the public domain. In that case, a doll manufacturer sought to register the term “Zombie Cinderella” for a doll that was zombie-ish and princess-like. The examiner refused registration because the term “Zombie Cinderella” for this kind of doll was confusingly similar to the mark for Walt Disney’s Cinderella doll. Although the TTAB overturned the examiner’s …


1976 - Mexican-American Land Tenure Conflict In California, David Hornbeck Apr 2018

1976 - Mexican-American Land Tenure Conflict In California, David Hornbeck

Overview of California Private Land Claims and the Public Domain

This paper examines the merging of the Mexican and American land tenure systems and how the two very different concepts of land acquisition, organization and maintenance clashed resulting in a distinctive settlement pattern not usually associated with Anglo settlement. The Mexican landscape, organized according to centuries of Spanish tradition, was the antithesis of the type established by the westward moving American pioneer. Spatial differences were many, particularly in the areas of agriculture, settlement, transportation, space economy and land tenure.


1976 - Mexican-American Land Tenure Conflict In California, David Hornbeck Apr 2018

1976 - Mexican-American Land Tenure Conflict In California, David Hornbeck

Miscellaneous Documents and Reports

This paper examines the merging of the Mexican and American land tenure systems and how the two very different concepts of land acquisition, organization and maintenance clashed resulting in a distinctive settlement pattern not usually associated with Anglo settlement. The Mexican landscape, organized according to centuries of Spanish tradition, was the antithesis of the type established by the westward moving American pioneer. Spatial differences were many, particularly in the areas of agriculture, settlement, transportation, space economy and land tenure.


1979 - The Patenting Of California's Private Land Claims, 1851-1885, David Hornbeck Mar 2018

1979 - The Patenting Of California's Private Land Claims, 1851-1885, David Hornbeck

Overview of California Private Land Claims and the Public Domain

This paper examines the basis of the land-tenure conflict, its resolution, and the subsequent patenting of 482 private land claims that covered a total of 8.5 million acres of land in California. The problem of distinguishing between Mexican land grants and the American public domain was not one that time would easily resolve.


Creative Commons: An Explainer, Kincaid C. Brown Jan 2018

Creative Commons: An Explainer, Kincaid C. Brown

Law Librarian Scholarship

Copyright protection attaches automatically to original works you create, whether a poem, photograph, painting, song, video, or essay. Copyright limits what others can do with your creative work and protects your original work from, for example, being compiled or reused and sold for profit. If you hold the copyright—and didn’t, say, create the original work in an employment context where it may be subject to being a work for hire—you may want to allow others to use your work for particular purposes. You could individually negotiate a license granting rights to each person, which would undoubtedly take more and more …


Creative Commons: An Explainer, Kincaid C. Brown Jan 2018

Creative Commons: An Explainer, Kincaid C. Brown

Law Librarian Scholarship

Copyright protection attaches automatically to original works you create, whether a poem, photograph, painting, song, video, or essay. Copyright limits what others can do with your creative work and protects your original work from, for example, being compiled or reused and sold for profit. If you hold the copyright—and didn’t, say, create the original work in an employment context where it may be subject to being a work for hire—you may want to allow others to use your work for particular purposes. You could individually negotiate a license granting rights to each person, which would undoubtedly take more and more …