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Trademark Law And Consumer Constraints, Laura A. Heymann
Trademark Law And Consumer Constraints, Laura A. Heymann
Faculty Publications
Trademark law’s focus is on the consumer. Both the trademark literature and the marketing literature, however, tend to assume a consumer with few constraints on economic or cognitive processing resources. For example, scholars have argued that some confusion in the marketplace is not only inevitable but is also an overall positive in that encountering confusion trains consumers to be more resourceful and to learn how to interpret marketing communications more carefully. But not all consumers have the same level of cognitive and economic resources. Disadvantaged consumers—such as those not literate in the English language, those with lower socioeconomic status, and …
Surveying The Field: The Role Of Surveys In Trademark Litigation, Laura A. Heymann
Surveying The Field: The Role Of Surveys In Trademark Litigation, Laura A. Heymann
Popular Media
No abstract provided.
The Scope Of Trademark Law In The Age Of The Brand Persona, Laura A. Heymann
The Scope Of Trademark Law In The Age Of The Brand Persona, Laura A. Heymann
Faculty Publications
No abstract provided.
A Name I Call Myself: Creativity And Naming, Laura A. Heymann
A Name I Call Myself: Creativity And Naming, Laura A. Heymann
Faculty Publications
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 …
The Public's Domain In Trademark Law: A First Amendment Theory Of The Consumer, Laura A. Heymann
The Public's Domain In Trademark Law: A First Amendment Theory Of The Consumer, Laura A. Heymann
Faculty Publications
No abstract provided.