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Full-Text Articles in Law

The Scope Of Trademark Law In The Age Of The Brand Persona, Laura A. Heymann Oct 2012

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 Jun 2012

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 …


Regulatory And Judicial Implementations Of Patent Law Flexibilities, Sarah R. Wasserman Rajec May 2012

Regulatory And Judicial Implementations Of Patent Law Flexibilities, Sarah R. Wasserman Rajec

Faculty Publications

No abstract provided.


Tailoring Remedies To Spur Innovation, Sarah R. Wasserman Rajec Apr 2012

Tailoring Remedies To Spur Innovation, Sarah R. Wasserman Rajec

Faculty Publications

An emerging rule in the district courts—thus far endorsed by the United States Court of Appeals for the Federal Circuit—allows a victorious patent holder to receive a permanent injunction against an infringer if she is able to show that she has suffered a loss of market share due to the infringement. The larger the loss of market share the patent holder can prove, the more likely the court will issue an injunction. This “market share rule” is a response to the Supreme Court’s ruling in eBay Inc. v. MercExchange, L.L.C., exhorting lower courts to engage in equitable balancing before awarding …