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Full-Text Articles in Law
Advertising And The Transformation Of Trademark Law, Mark Bartholomew
Advertising And The Transformation Of Trademark Law, Mark Bartholomew
Journal Articles
Despite the presence of a vigorous debate over the proper scope of trademark protection, scholars have largely ignored study of trademark law's origins. It would be a mistake, however, to ignore the history behind trademark law. Scrutiny of the formative era in American trademark law yields two important conclusions. First, courts granted robust legal protection to trademark holders in the early twentieth century because they accepted the benign view of advertising presented to them by advertisers. As advertising became linked to cultural progress and social cohesion, courts adopted doctrinal revisions to protect advertising's value that remain embedded in modern trademark …
Teaching Trademark Theory Through The Lens Of Distinctiveness, Mark P. Mckenna
Teaching Trademark Theory Through The Lens Of Distinctiveness, Mark P. Mckenna
Journal Articles
This contribution to the annual teaching edition of the Saint Louis University Law Journal encourages teachers to begin trademark law courses using the concept of distinctiveness as a vehicle for articulating producer and consumer perspectives in trademark law. Viewing the law through these sometimes different perspectives helps in approaching a variety of doctrines in trademark law, and both perspectives are relatively easy to grasp in the context of distinctiveness.
The Social Contract And Authorship: Allocating Entitlements In The Copyright System., Alina Ng
The Social Contract And Authorship: Allocating Entitlements In The Copyright System., Alina Ng
Journal Articles
No abstract provided.
Rights And Remedies Post Ebay V. Mercexchange - Deep Waters Stirred, Robert I. Reis
Rights And Remedies Post Ebay V. Mercexchange - Deep Waters Stirred, Robert I. Reis
Journal Articles
No abstract provided.