Law Commons^™

Space Age Love Song: The Mix Tape In A Digital Universe, Megan M. Carpenter

Law Faculty Scholarship

Music sharing is one of the most controversial topics in copyright law. And mix tapes have been the classic, iconic form of music sharing for the last 30 years. Even in the face of technological development so rapid and far-reaching as to remove the literal “tape” from “mix tape,” there are nonetheless modern incarnations that crop up on a regular basis, from mix CDs to mix-sharing websites. Social norms permit and even encourage the creation of these modern mix tapes for such diverse reasons as wedding favors and birthday gifts.

If copyright law is meant to promote creativity and proscribe …

The True Colors Of Trademark Law: Green-Lighting A Red Tide Of Anti Competition Blues, Ann Bartow

Law Faculty Scholarship

The elevation of color to stand-alone trademark status illustrates the unbounded nature of trademarks within the judicial consciousness. The availability of color-alone marks also facilitates the commoditization of color in ways that complicate the development and distribution of products and services that use color for multiple purposes conterminously. The economic case for color-alone trademarks is severely undermined by careful observation of the ways that colors are actually deployed in commerce, which makes it clear that the trademarks of multiple goods and services can utilize the same color to telegraph the same message without confusing anyone or diluting the commercial power …