Law Commons^™

Trial By Trademark: Why The Trademark System Needs To Stand On Its Own Two Marks, Ben Siegel

Journal of Intellectual Property Law

While IP-intensive industries continue to produce a significant portion of the American economy, trademarks consistently remain a substantial portion. Given trademarks’ increasingly pivotal role in the global economy, the complexities and nuances of trademark law demand a specialized approach. In examining the current trademark landscape, many scholars have underscored the paradox of its fractured nature, despite its fundamental role in the economy. Currently, trademark law suffers from a lack of uniformity across the various circuits in critical areas of the law itself, as well as vulnerabilities in forum shopping and confusion for businesses.

Rather than endorsing the conventional approach to …

The Ip Of Ipas: A Look Into Trademark Infringement In The Craft Beer Industry, Shivani Patel

Journal of Intellectual Property Law

Alcohol isn't just a mind-altering drink: It has been a prime mover of human culture from the beginning, fueling the development of arts, language, and religion."' Alcohol production and consumption can be traced to civilizations dating back thousands of years all around the world, and it has become so essential to our society that experts have gone on to joke that humans should be called "Homo imbibens." Within the current alcohol industry, two essential qualities that are becoming more common are creativity and variety.

Alcohol has become a defining aspect of human culture and our sense of society. It has …

Use It Or Lose It: The Sixth Circuit's New Approach To Evaluating Likelihood To Cause Consumer Confusion In Trademark Disputes, Stuart F. Sumner

Journal of Intellectual Property Law

No abstract provided.

Sine Qua Non: Trademark Infringement, Likelihood Of Confusion, And The Business Of Collegiate Licensing, C. Knox Withers

Journal of Intellectual Property Law

No abstract provided.

"Every Artist Is A Cannibal, Every Poet Is A Thief": Why The Supreme Court Was Right To Reverse The Ninth Circuit In Dastar Corp. V. Twentieth Century Fox Film Corp., Joshua K. Simko

Journal of Intellectual Property Law

No abstract provided.

Phantom Trademarks: Good Law Or Chain Rattling? The Negative Effects Of Strict Interpretation Of The Lanham Act In The International Flavors And Fragrances Decision, James E. Carlson

Journal of Intellectual Property Law

No abstract provided.

May You Live In Interesting Times - European Trademark Law In The Wake Of Sabel Bv V. Puma Ag, John A. Tessensohn

Journal of Intellectual Property Law

No abstract provided.

Sunbeam Products, Inc V. The West Bend Co.: Exposing The Malign Application Of The Federal Dilution Statute To Product Configurations, Paul Heald

Journal of Intellectual Property Law

No abstract provided.

Likelihood Of Confusion Determinations: A Survey Of Eleventh Circuit Jurisprudence, Theodore H. Davis Jr.

Journal of Intellectual Property Law

No abstract provided.

When The Lifeblood Of Competition Creates A Likelihhood Of Confusion: Waits V. Frito-Lay, Inc, Jennifer L. Howell

Journal of Intellectual Property Law

No abstract provided.

Dilution, An Idea Whose Time Has Gone; Brand Equity As Protectable Property, The New/Old Paradigm, Jerre B. Swann, Theodore H. Davis Jr.

Journal of Intellectual Property Law

No abstract provided.

Crossing The Line: The Collegiate Licensing Company's Overindulgent Attempt To Limit Small Businesses' Online Marketing Techniques Based On Frivolous Claims Of Trademark Infringement, Lauren T. Warbington

Journal of Intellectual Property Law

No abstract provided.

Spelling Confusion: Implications Of The Ninth Circuit's View Of The "Explicitly Misleading" Prong Of The Rogers Test, Thomas M. Byron

Journal of Intellectual Property Law

No abstract provided.

Explicitly Explicit: The Rogers Test And The Ninth Circuit, Daniel Jacob Wright

Journal of Intellectual Property Law

No abstract provided.