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Marquette University Law School

Journal

2003

Trademark

Articles 1 - 4 of 4

Full-Text Articles in Law

The Role Of Intellectual Property Rights In Negotiating And Planning A Research Joint Venture, Kurt M. Saunders Jan 2003

The Role Of Intellectual Property Rights In Negotiating And Planning A Research Joint Venture, Kurt M. Saunders

Marquette Intellectual Property Law Review

This Article considers the role of intellectual property rights in research joint ventures. Professor Saunders begins by outlining the various advantages of pursuing research in a joint venture business form, including the sharing of expertise and investment costs. The author identifies and elucidates the intellectual property issues, as well as related licensing and antitrust implications, that arise in the joint venture context. Most notably, Saunders articulates the different intellectual property concerns that surface at each separate stage-from negotiation and planning, to termination of the collaboration.


Whither European Trade Mark Law? Arsenal And Davidoff: The Creative Disorder Stage, S. M. Maniatis Jan 2003

Whither European Trade Mark Law? Arsenal And Davidoff: The Creative Disorder Stage, S. M. Maniatis

Marquette Intellectual Property Law Review

Professor Maniatis focuses on recent case law of the European Court of Justice (ECJ) to illustrate the present disorderly state of European trade mark law. With the advent of the Community Trade Mark within the European Union, the ECJ is in the process of shaping a new body of trade mark precedent that will influence both national registration laws and future legislative developments in trade mark and unfair competition law. The author proposes that this new course should be guided by basic principles of trade mark law rather than by compromise between adverse historical and national systems. The Article gives …


Keywords, Trademarks, And The Gray Market: Why The Use Is Not Fair, Lisa A. Nester Jan 2003

Keywords, Trademarks, And The Gray Market: Why The Use Is Not Fair, Lisa A. Nester

Marquette Intellectual Property Law Review

This Comment analyzes the escalating effects of Internet banner ads and gray marketers on trademark owners' ability to control the use and sale of their marks as keywords and metatags. To unify these concepts, Ms. Nester utilizes the facts behind a suit filed by Estee Lauder, Inc. against an Internet fragrance retailer and an Internet search engine. The suit alleged trademark infringement and unfair competition, among other things, for the Internet entities' unauthorized uses of Estee Lauder's registered trademarks in fragrances. The author explores the facilitating and enabling effect of the Internet on gray market, or parallel importation, activity, such …


High Court Takes Right Turn In Traffix, But Stops Short Of The Finish Line: An Economic Critique Of Trade Dress Protection For Product Configuration, Timothy M. Barber Jan 2003

High Court Takes Right Turn In Traffix, But Stops Short Of The Finish Line: An Economic Critique Of Trade Dress Protection For Product Configuration, Timothy M. Barber

Marquette Intellectual Property Law Review

Mr. Barber examines the Supreme Court's recent treatment of trade dress protection for product configuration, also referred to as product design. Although the Wal-Mart and TrafFix decisions have begun to limit product configuration protection under trademark law, the high court should have gone further and eliminated product configuration protection, due to its monopolistic and anti-competitive effects. The Comment explores the history and effectiveness of the functionality doctrine, which attempts to resolve the conflict between patent and trademark law over protecting useful product designs. Since what constitutes a functional feature is not easily discerned, the doctrine fails to prevent firms from …