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Mark Of The Devil: The University As Brand Bully, James Boyle, Jennifer Jenkins
Mark Of The Devil: The University As Brand Bully, James Boyle, Jennifer Jenkins
Fordham Intellectual Property, Media and Entertainment Law Journal
In recent years, universities have been accused in news stories of becoming “trademark bullies,” entities that use their trademarks to harass and intimidate beyond what the law can reasonably be interpreted to allow. Universities have also intensified efforts to gain expansive new marks. The Ohio State University’s attempt to trademark the word “the” is probably the most notorious. There has also been criticism of universities’ attempts to use their trademarks to police clearly legal speech about their activities. But beyond provocative anecdotes, how can one assess whether a particular university is truly bullying, since there are entirely legitimate reasons for …
Trademark Vigilance In The Twenty-First Century: An Update, Peter S. Sloane
Trademark Vigilance In The Twenty-First Century: An Update, Peter S. Sloane
Fordham Intellectual Property, Media and Entertainment Law Journal
The trademark laws impose a duty upon brand owners to be vigilant in policing their marks, lest they be subject to the defense of laches, a reduced scope of protection, or even death by genericide. Before the millennium, it was relatively manageable for brand owners to police the retail marketplace for infringements and counterfeits. The Internet changed everything.
In ways unforeseen, the Internet has unleashed a tremendously damaging cataclysm upon brands—online counterfeiting. It has created a virtual pipeline directly from factories in China to the American consumer shopping from home or work. The very online platforms that make Internet shopping …
Fair Trade-Mark: Proposing An Affirmative Duty On Licensors To Enforce Their Corporate Social Responsibility Codes, Dorothy L. Newman
Fair Trade-Mark: Proposing An Affirmative Duty On Licensors To Enforce Their Corporate Social Responsibility Codes, Dorothy L. Newman
Fordham Intellectual Property, Media and Entertainment Law Journal
Modern consumers are increasingly interested in seeing the brands they love commit to corporate social responsibility (CSR), including fair labor practices and environmental sustainability throughout their supply chains. Many corporations capitalize on this demand through branding strategies that highlight their commitment to CSR. Branding of CSR can include publishing codes of conduct on corporate websites, incorporating a value of doing good while doing well in print and video advertisements, or even publicly partnering with nonprofit organizations. The Lanham Act, the primary federal trademark statute in the United States, articulates federal laws pertaining to branding and advertising, and is rooted in …
University Trademarks And “Mixed Speech” On College Campuses: A Case Study Of Gerlich V. Leath And Student Free Speech Rights, Nathan Converse
University Trademarks And “Mixed Speech” On College Campuses: A Case Study Of Gerlich V. Leath And Student Free Speech Rights, Nathan Converse
Fordham Intellectual Property, Media and Entertainment Law Journal
Higher education has long been a fundamental building block upon which American democracy is based. The guarantee of free speech is itself a revered liberty in the American polity; it has, in turn, served as the catalyst for higher education. Recent events on college campuses continue to reexamine universities’ role in their students’ education and push the legal boundaries on student speech rights. In many instances, however, students’ speech and expressive viewpoint conflicts with that of other students. Other times, students’ speech conflicts with the expressive interests of their university. This Article examines the latter instance in the context of …
Toward A More Coherent Doctrine Of Trademark Genericism And Functionality: Focusing On Fair Competition, Sandra L. Rierson
Toward A More Coherent Doctrine Of Trademark Genericism And Functionality: Focusing On Fair Competition, Sandra L. Rierson
Fordham Intellectual Property, Media and Entertainment Law Journal
The doctrines of trademark genericism and functionality serve similar functions under the Lanham Act and the common law of unfair competition. Genericism, in the context of word marks, and functionality, for trade dress, bar trademark registration under the Lanham Act and, both under the Act and at common law, render a trademark unprotectable and invalid. In the word mark context, genericism stands for the proposition that certain parts of vocabulary cannot be cordoned off as trademarks; all competitors must be able to use words that consumers understand to identify the goods or services that they are selling. Functionality likewise demands …
The Split On The Rogers V. Grimaldi Gridiron: An Analysis Of Unauthorized Trademark Use In Artistic Mediums, Anthony Zangrillo
The Split On The Rogers V. Grimaldi Gridiron: An Analysis Of Unauthorized Trademark Use In Artistic Mediums, Anthony Zangrillo
Fordham Intellectual Property, Media and Entertainment Law Journal
Movies, television programs, and video games often exploit trademarks within their content. In particular, various media often attempt to use the logos of professional sports teams within artistic works. Courts have utilized different methods to balance the constitutional protections of the First Amendment with the property interests granted to the owner of a trademark. This Note discusses these methods, which include the alternative avenues approach, the likelihood of confusion test, and the right of publicity analysis. Ultimately, many courts utilize the framework presented in the seminal Rogers v. Grimaldi decision. This test analyzes the artistic relevance of the trademark’s use …
Trademark Trial And Appeal Board, Meet The Constitution, David S. Welkowitz
Trademark Trial And Appeal Board, Meet The Constitution, David S. Welkowitz
Fordham Intellectual Property, Media and Entertainment Law Journal
For many years, the Trademark Trial and Appeal Board has re-fused to address constitutional claims raised in the course of registration or cancellation proceedings. A recent example involves the Washington Redskins trademark, which is the subject of a cancellation proceeding now before a U.S. Court of Appeals. The Board’s refusal to address constitutional issues rests on the assumption that the Board lacks the authority to make constitutional decisions. That may seem odd, given the fact that the Board is an arm of the federal government, and its members are bound to uphold the Constitution. This Article examines the basis of …
Hacking Trademark Law For Collaborative Communities, Yana Welinder, Stephen Laporte
Hacking Trademark Law For Collaborative Communities, Yana Welinder, Stephen Laporte
Fordham Intellectual Property, Media and Entertainment Law Journal
Collaborative communities create popular work with widely recognized brands, such as Wikipedia, Linux, Android, and Firefox. Trademark law can provide protections to members of these communities and the users of their products so that they can rely on the brands to identify the original projects. This Article explores the conflict between collaborative communities and trademark law. While collaborative communities thrive on openness and decentralization, trademark law requires centralized quality control and various formalities. This Article introduces a descriptive taxonomy of “hacks” that collaborative communities have used to try to mitigate the tensions between their values and trademark law. These hacks …
Reexamining Two Pesos, Qualitex, & Wal-Mart: A Different Approach…Or Perhaps Just Old Abercrombie Wine In A New Bottle?, Russ Versteeg
Reexamining Two Pesos, Qualitex, & Wal-Mart: A Different Approach…Or Perhaps Just Old Abercrombie Wine In A New Bottle?, Russ Versteeg
Fordham Intellectual Property, Media and Entertainment Law Journal
In Wal-Mart Stores, Inc. v. Samara Bros., Inc., 529 U.S. 205 (2000), the United States Supreme Court held that, in order for a product design to be protectable under § 43(a) of the Lanham Act, the product design must first acquire a secondary meaning. Writing for the Court, Justice Scalia, reasoned that consumers, as a rule, do not expect a product’s design to serve as an indicator of source. The Court stated that product designs, like colors, do not ordinarily operate as source indicators, and that is why the Court established its rule that a product design must acquire a …
Access Denied: How Social Media Accounts Fall Outside The Scope Of Intellectual Property Law And Into The Realm Of The Computer Fraud And Abuse Act, Tiffany Miao
Fordham Intellectual Property, Media and Entertainment Law Journal
This note addresses the challenge of applying intellectual property laws to determining ownership rights over social media accounts, specifically in the employer and employee context. This note suggests that IP regimes, namely Trademark, Copyright,and Trade Secrets, fail to provide an adequate framework for determining such ownership rights. Instead, this note proposes that the Computer Fraud and Abuse Act serves as a more appropriate legal framework.
Real-Life Protection For Fictional Trademarks, Benjamin M. Arrow
Real-Life Protection For Fictional Trademarks, Benjamin M. Arrow
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Role Of The Non-Functionality Requirement In Design Law, Orit Fischman Afori
The Role Of The Non-Functionality Requirement In Design Law, Orit Fischman Afori
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Panel Ii: The Global Contours Of Ip Protection For Trade Dress, Industrial Design, Applied Art, And Product Configuration, Orit Fischman Afori, Wendy J. Gordon, Mark Janis, Jonathan Moskin
Panel Ii: The Global Contours Of Ip Protection For Trade Dress, Industrial Design, Applied Art, And Product Configuration, Orit Fischman Afori, Wendy J. Gordon, Mark Janis, Jonathan Moskin
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Does It Really Suck?: The Impact Of Cutting-Edge Marketing Tactics On Internet Trademark Law And Gripe Site Domain Name Disputes, Mindy P. Fox
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Made In China: How Chinese Counterfeits Are Creating A National Security Nightmare For The United States, Laura C. Nastase
Made In China: How Chinese Counterfeits Are Creating A National Security Nightmare For The United States, Laura C. Nastase
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Panel Iii: Trademarks V. Free Speech In Cyberspace, Sonia Katyal, Robert Weisbein, William Mcgeveran, Brett Frischmann
Panel Iii: Trademarks V. Free Speech In Cyberspace, Sonia Katyal, Robert Weisbein, William Mcgeveran, Brett Frischmann
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Enhanced Protections For Geographical Indications Under Trips: Potential Conflicts Under The U.S. Constitutional And Statutory Regimes, David Snyder
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Four Free Speech Goals For Trademark Law, William Mcgeveran
Four Free Speech Goals For Trademark Law, William Mcgeveran
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
That’S A Fine Chablis You’Re Not Drinking: The Proper Place For Geographical Indications In Trademark Law., Justin Hughes, Lynne Beresford, Annette Kur, Kenneth Plevan, Susan Scafidi
That’S A Fine Chablis You’Re Not Drinking: The Proper Place For Geographical Indications In Trademark Law., Justin Hughes, Lynne Beresford, Annette Kur, Kenneth Plevan, Susan Scafidi
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Geographical Indications: The Current Landscape., Lynne Beresford
Geographical Indications: The Current Landscape., Lynne Beresford
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Nothing But A Gi Thing: Geographical Indications Under Eu Law., Annette Kur, Sam Cocks
Nothing But A Gi Thing: Geographical Indications Under Eu Law., Annette Kur, Sam Cocks
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Consumer Gripe Sites, Intellectual Property Law, And The Use Of Cease-And-Desist Letters To Chill Protected Speech On The Internet. , Rachael Braswell
Consumer Gripe Sites, Intellectual Property Law, And The Use Of Cease-And-Desist Letters To Chill Protected Speech On The Internet. , Rachael Braswell
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Washington "Redskins" -Disparaging Term Or Valuable Tradition?: Legal And Economic Issues Concerning Harjo V. Pro-Football, Inc., Mark S. Nagel, Daniel A. Rascher
Washington "Redskins" -Disparaging Term Or Valuable Tradition?: Legal And Economic Issues Concerning Harjo V. Pro-Football, Inc., Mark S. Nagel, Daniel A. Rascher
Fordham Intellectual Property, Media and Entertainment Law Journal
"I'll never change the name of the Redskins. You have my word on that. In addition to that, it's really what the Redskins mean that's not quite out there.., what it means is tradition. It means winning. It means a great tradition for the franchise."
-Daniel Snyder (owner of the Washington Redskins).
"A long habit of not thinking a thing wrong gives it a superficial appearance of being right, and raises at first a formidable outcry in defense of custom."
-Thomas Paine.
The Economics Of Cultural Misrepresentation: How Should The Indian Arts And Crafts Act Of 1990 Be Marketed?, Jennie D. Woltz
The Economics Of Cultural Misrepresentation: How Should The Indian Arts And Crafts Act Of 1990 Be Marketed?, Jennie D. Woltz
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Panel Ii: Trademark Dilution Revision Act Implications, William G. Barber, Barton Beebe, Christine Haight Farley, Michael Heltzer
Panel Ii: Trademark Dilution Revision Act Implications, William G. Barber, Barton Beebe, Christine Haight Farley, Michael Heltzer
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Trademark Dilution Revision Act - A Consumer Perspective, Paul Alan Levy
The Trademark Dilution Revision Act - A Consumer Perspective, Paul Alan Levy
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Why We Are Confused About The Trademark Dilution Law, Christine Haight Farley
Why We Are Confused About The Trademark Dilution Law, Christine Haight Farley
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Post No Bills: Can The Nba Prohibit Its Players From Wearing Tattoo Advertisements?, John Vukelj
Post No Bills: Can The Nba Prohibit Its Players From Wearing Tattoo Advertisements?, John Vukelj
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Panel Iii: Trademark And Publicity Rights Of Athletes, Edward Kelman, Bruce Meyer, Dennis Niermann, Mike Principe
Panel Iii: Trademark And Publicity Rights Of Athletes, Edward Kelman, Bruce Meyer, Dennis Niermann, Mike Principe
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Why The Initially Confused Should Get A Clue: The Battle Between Trademark Infringement And Consumer Choice Online, John Handy
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.