Law Commons^™

The Reasonable Person In Trademark Law, Laura A. Heymann

Laura A. Heymann

No abstract provided.

The Satellite Has No Conscience: §230 In A World Of ‘Alternative Facts’, Laura A. Heymann

Laura A. Heymann

No abstract provided.

The Trademark/Copyright Divide, Laura A. Heymann

Laura A. Heymann

No abstract provided.

The Scope Of Trademark Law In The Age Of The Brand Persona, Laura A. Heymann

Laura A. Heymann

No abstract provided.

The Law Of Reputation And The Interest Of The Audience, Laura A. Heymann

Laura A. Heymann

Although an individual has control over many of the statements, acts, and other biographical data points that are used to construct her reputation, she does not ultimately have control over the result of that reputational assessment, the pronouncement of which is a task reserved to others. Reputation is fundamentally a social concept; it does not exist until a community collectively forms a judgment about an individual or firm that has the potential to guide the community’s future interactions. Despite reputation’s relational nature, discussions of the law’s interest in reputation tend to focus on one of two parties: the individual or …

The Public's Domain In Trademark Law: A First Amendment Theory Of The Consumer, Laura A. Heymann

Laura A. Heymann

No abstract provided.

The Cosmetic/Drug Dilemma: Fda Regulation Of Alpha-Hydroxy Acids, Laura A. Heymann

Laura A. Heymann

No abstract provided.

The Grammar Of Trademarks, Laura A. Heymann

Laura A. Heymann

How do people talk when they talk about trademarks? If trademarks have
become, as linguist Geoffrey Nunberg suggests, our “new global tongue,”
perhaps we should pay greater attention to the grammar we use when we
talk about them. We use “Coke” to refer to the Coca-Cola beverage in the
North, and “coke” to refer to any kind of soda in the South, yet we still
manage to get the drinks we desire. We use trademarks as verbs—we
“xerox” a document or “tivo” a television program—without losing sight
of the fact that “Xerox” and “TiVo” are brands of particular products.
We …

Reading The Product: Warnings, Disclaimers, And Literary Theory, Laura A. Heymann

Laura A. Heymann

No abstract provided.

Reading Together And Apart: Juries, Courts, And Substantial Similarity In Copyright Law, Laura A. Heymann

Laura A. Heymann

No abstract provided.

Reasonable Appropriation And Reader Response, Laura A. Heymann

Laura A. Heymann

Since the U.S. Supreme Court’s decision in Campbell v. Acuff-Rose Music, Inc., many courts have considered, when evaluating a claim of fair use in copyright, whether the defendant’s use of the plaintiff’s work is “transformative,” which the Campbell Court described as “add[ing] something new, with a further purpose or different character, altering the first with new expression, meaning, or message.”

In Cariou v. Prince, the Second Circuit shifted the focus of the analysis, both confirming that a work could be transformative even if it did not comment on the original work or its author and stating that the key to …

The Birth Of The Authornym: Authorship, Pseudonymity, And Trademark Law, Laura A. Heymann

Laura A. Heymann

Consumers in the marketplace of ideas are well acquainted with one aspect of the Foucauldian concept of the "author function": the way in which an author's name serves to organize both producer inputs-the various works the author wishes to have associated with his name-and consumer inputs-the readers' interpretive reactions to any particular body of work. Indeed, choosing to write under a pseudonym or under one's true name is the way in which an author exerts control over this function by grouping certain works (for example, scholarly pieces) under one name and other works (for example, mystery novels) under a different …

How To Write A Life: Some Thoughts On Fixation And The Copyright/Privacy Divide, Laura A. Heymann

Laura A. Heymann

No abstract provided.

Metabranding And Intermediation: A Response To Professor Fleischer, Laura A. Heymann

Laura A. Heymann

No abstract provided.

Inducement As Contributory Copyright Infringement: Metro-Goldwyn-Mayer Studios Inc. V. Grokster, Ltd., Laura A. Heymann

Laura A. Heymann

No abstract provided.

Overlapping Intellectual Property Doctrines: Election Of Rights Versus Selection Of Remedies, Laura A. Heymann

Laura A. Heymann

Overlaps exist across various doctrines in federal intellectual property law. Software can be protected under both copyright law and patent law; logos can be protected under both copyright law and trademark law. Design patents provide a particular opportunity to consider the issue of overlap, as an industrial design that qualifies for design patent protection might also, in particular circumstances, qualify for copyright protection as well as function as protectable trade dress.

When an overlap issue arises—that is, when an intellectual property rights holder asserts rights under more than one doctrine—the question then becomes how courts should respond. One response, of …

Naming, Identity, And Trademark Law, Laura A. Heymann

Laura A. Heymann

As the process of creation in the age of digital media becomes more fluid, one pervasive theme has been the desire for attribution: from the creator’s perspective, to receive credit for what one does (and to have credit not falsely attributed) and from the audience’s perspective, to understand the source of material with which one engages. But our norms of attribution reflect some inconsistencies in defining the relationship among name, identity, and authenticity. A blog post by a writer identified only by a pseudonym may prove to be very influential in the court of public opinion, while the use of …

A Tale Of (At Least) Two Authors: Focusing Copyright Law On Process Over Product, Laura A. Heymann

Laura A. Heymann

No abstract provided.

Everything Is Transformative: Fair Use And Reader Response, Laura A. Heymann

Laura A. Heymann

No abstract provided.

Book Review Of In The Opinion Of The Court, Laura A. Heymann

Laura A. Heymann

No abstract provided.

Creative Communities And Intellectual Property Law, Laura A. Heymann

Laura A. Heymann

No abstract provided.

Copyright Law’S Origin Stories, Laura A. Heymann

Laura A. Heymann

No abstract provided.

Copyright And The Single Work, Laura A. Heymann

Laura A. Heymann

No abstract provided.

Are Legal Restrictions On Disparaging Personal Names Unconstitutional? In Re The Slants, Laura A. Heymann, Eric Goldman

Laura A. Heymann

No abstract provided.

A Name I Call Myself: Creativity And Naming, Laura A. Heymann

Laura A. Heymann

In recent years, various disputes involving the use of creative works have demonstrated how trademark-related concerns lurk at the heart of what are ostensibly copyright-related claims. When recording artists such as Jackson Browne or the members of Heart object to the unauthorized use of their songs in connection with a political campaign, they are most likely not troubled about the loss of revenue resulting from the use; rather, they are likely concerned that the public will wrongly assume that the use of the song indicates that they have endorsed the political candidate. But because it is sometimes easier for them …