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Full-Text Articles in Law
The Global Contours Of Ip Protection For Trade Dress, Industrial Design, Applied Art, And Product Configuration, Wendy J. Gordon, Orit Fischman Afori, Mark Janis, Jonathan Moskin
The Global Contours Of Ip Protection For Trade Dress, Industrial Design, Applied Art, And Product Configuration, Wendy J. Gordon, Orit Fischman Afori, Mark Janis, Jonathan Moskin
Faculty Scholarship
Before beginning, let me mention that I will confine myself to a limited number of arenas. Thus, for example, I'm not going to discuss design patents, which will be the focus of another speaker's remarks. I will also not discuss the doctrine of aesthetic functionality. My primary goal will be to compare trademark's doctrine of utilitarian "functionality" with copyright's domain of "separability," and to show how for at least two circuit court opinions, the two doctrines may be converging. I hope to stimulate discussion of whether such convergence would be a good idea.
Trademark Remedies And Online Intermediaries, Stacey Dogan
Trademark Remedies And Online Intermediaries, Stacey Dogan
Faculty Scholarship
For several years now, courts and commentators have tussled over the question of whether online intermediaries can face liability under trademark law. Because both case law and commentary have largely focused on the threshold question of "trademark use, " we know little about what specific behavior will subject intermediaries to liability and what remedies might follow. This Essay takes some preliminary steps toward addressing those questions.
Comparative Tales Of Origins And Access: Intellectual Property And The Rhetoric Of Social Change, Jessica Silbey
Comparative Tales Of Origins And Access: Intellectual Property And The Rhetoric Of Social Change, Jessica Silbey
Faculty Scholarship
This Article argues that the open-source and anti-expansionist rhetoric of current intellectual-property debates is a revolution of surface rhetoric but not of deep structure. What this Article terms “the Access Movements” are, by now, well-known communities devoted to providing more access to intellectual-property-protected goods, communities such as the Open Source Initiative and Access to Knowledge. This Article engages Movement actors in their critique of the balance struck by recent law (statutes and cases) and asks whether new laws that further restrict access to intellectual property “promote the progress of science and the useful arts.” Relying on cases, statutes and recent …