Open Access. Powered by Scholars. Published by Universities.®
- Publication
Articles 1 - 2 of 2
Full-Text Articles in Law
Betty Boop And The Return Of Aesthetic Functionality: A Bitter Medicine Against "Mutant Copyrights"?, Irene Calboli
Betty Boop And The Return Of Aesthetic Functionality: A Bitter Medicine Against "Mutant Copyrights"?, Irene Calboli
Irene Calboli
This article offers a brief overview of the history and developments of the doctrine of aesthetic functionality in the United States and examines the recent decisions in Fleischer Studios, Inc v AVELA, Inc . In particular, the article argues that the courts in Fleischer added an important element to the interpretation of the doctrine, namely the fact that the courts seemed willing to resort to aesthetic functionality to counter the consequences resulting from the practice of using trade mark law as an additional form of protection for copyrighted, or once copyrighted, creative works.
Trade Mark Dilution In Australia Revisited: How Far Have We Come?, Tyrone Berger
Trade Mark Dilution In Australia Revisited: How Far Have We Come?, Tyrone Berger
Dr Tyrone Berger
This article examines whether or not an anti-dilution remedy exists in s 120(3) of the Trade Marks Act 1995 (Cth) and whether such a remedy is desirable. It examines ambiguities surrounding key terms of the provision – “connection”, “well known”, and “relevant sector of the public” – in relation to the established concept of consumer “confusion”, and proposes that the current orthodoxy towards s 120(3) does not afford registered owners an appropriate level of legal protection.