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Full-Text Articles in Law
Protecting Folklore Of Indigenous Peoples: Is Intellectual Property The Answer?, Christine Farley
Protecting Folklore Of Indigenous Peoples: Is Intellectual Property The Answer?, Christine Farley
Articles in Law Reviews & Other Academic Journals
What can the Navajos do to prevent non-Navajos from using Navajo rug patterns to produce rugs overseas using cheap material and labor, thereby undercutting the Navajos themselves in a market for their famous rugs? What can the Australian Aboriginal peoples do when their sacred and secret imagery is reporduced on carpets they did not make, and sold to non-Aboriginals, who will inevitably walk on them? Do these communities have any legal rights to these pieces of their culture? Does the law provide any means for them to take back their culture or to prevent further poaching?https://papers.ssrn.com/sol3/papers.cfm?abstract_id=923410
Language Of The Law: The Special Role And Trademarks, Trade Names, And Other Trade Emblems., John T. Cross
Language Of The Law: The Special Role And Trademarks, Trade Names, And Other Trade Emblems., John T. Cross
Faculty Scholarship
In 1979, the United States Supreme Court decided Friedman v. Rogers, a case involving a First Amendment challenge to a Texas statute that prohibited optometrists from practicing under an assumed trade name. Although an important case, Friedman certainly is not one of the major milestones of First Amendment jurisprudence. Prior Supreme Court decisions established that although commercial speech is protected by the First Amendment, government may regulate speech to prevent deception or confusion. Because a majority in Friedman found a possibility of deception, the Court held that Texas could constitutionally prohibit the use of a trade name. Friedman becomes much …